Son of Steven4064 vs GE Money **WON**

[steven4064]

Ash

 

I've answered on your thread

[asalique]

Littlewoods - Late payment charge

GE Money (Mortgage)- chages for failed D Debit

GMAC RFC(Mortgage) charges for failed D Debit

 

I WOULD LIKE TO KNOW IF ITS STILL POSSIBLE TO CLAIM THE ABOVE CHARGES.

 

THANK YOU

[steven4064]

Hi asalique

 

Yes to all the above

[asalique]

Thanks for the quick answer Steve.

 

I found sample letters for banks and credit cards but nothing for catalogue companies - can you plse tell me which one do use for littlewoods catalogue.

 

Thanks again.

[Ash!]

Many thanks steven

Ash

[steven4064]

asalique

 

Just use the same letters as for a credit card company (with the obvious changes)

[thomass1949]

Hi Son of Steven4064. Since my last message to you I again received a stupid offer of settlement from G E Money, which I haven't even answered because the allocation hearing is on Thursday. My question is: do I have to take any paper work with me? If so what?

 

Regards

 

Linda

[steven4064]

I would take statements, correspondence, etc just in case. I can't believe they have let it get that far, though.

[guzzleguts]

Hi steven sorry to butt in and post this, i sent a cca request to g e money re deb store card they replied with a poor micro fiche copy that looked like two different pages put together with no date or t&c. My queston is, is a micro fiche copy sufficient to enforce in court.I am new to this site and will start my own thread soon thanks guzzleguts

[steven4064]

Hi guzzleguts

 

Welcome to CAG.

 

A microfiche may be adequate if it is legible, signed and contains the prescribed terms. But, according to the Civil Procedure Rules they must produce the original agreement in court - in that sense no copy shold do. Unfortunately, there are some judges that do not seem to know this

[guzzleguts]

Thanks steven

[guzzleguts]

Steven could you tell me if g e money go the county court route does a c p r request come into play under £5000 thanks guzz

[steven4064]

I'm not sure what you mean by GE Money going the County Court route - most cases I know of where GE are the defendent get settled out of court although the let it get pretty far advanced before caving in.

 

Strictly CPR requests do tot apply to the small claims track which would normally include claims

[thomass1949]

Hi Steven4064. I went to court on Thursday for the Allocation hearing. The judge accepted my particulars of claim and rejected G E Money's soliciitor's request for a stay. I now have to provide the evidence in the particular's of claim. Can you advise me exactly what I must provide. I have a schedule of charges which I have to update and copies of correspondence between G E and myself on this matter.

 

I would be grateful for your advice.

 

Regards

Linda.

[steven4064]

Linda

 

do you have your own thread - could you post your POC there or here

[thomass1949]

Hi steven4064. this is a copy of the POC I sent to the court.

 

.

 

Between

 

 

and

 

 

GE CAPITAL BANK LTD T/A GE MONEY - Defendant

 

Draft Order for Directions

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made

b) Copies of any statement or other document relied upon as showing that each and every charge has been made

c) A statement of evidence of all matters relied upon as tending to show that the charges are unfair

d) Copies of decided cases and other legal materials to be relied upon

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

 

b) whether such charge is accepted to be a penalty, and if not why not;

c) If such charge is alleged to be fair, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable

d) Any witness statements

e) Copies of decided cases and other legal materials to be relied upon

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

.

[steven4064]

So by 'particulars of claim' you mean 'draft ordr for directions'?

 

So you need to get together what is in effect a court bundle. Schedule of charges you have and you will need a copy of all the statements which have charges on them.

 

You will need a statement of evidence (second one) and the basic court bundle. In the SoE, ditch the ref to Unfait Contract Terms Act 1977, ditch referneces to the Australian case and LLoyds (paras 10 and 25, ditch blue bit in para 18 and all of para 15 and para 12.

 

For the court bundle, you will need

UTCCR 1999

 

Robinson v Harman (very old case - 1848 - this is the best reference we can find ATM)

Dunlop Pneumatic Tyre v New Garage

Murray v Leisureplay

 

 

Copy of everything to court and GE's solicotors (Salans?)

Edited November 11, 2008 by steven4064

[thomass1949]

Hi Steven4064. Thanks for your advice. I have copied the second statement of evidence. At the end is a list of what also needs putting in the bundle i.e copy of Office of Fair Trading report April 2006. However there are some questions I do have:

Do I have to send a copy of the entire report?

 

Where do I get a copy of the House of Commons early day motion May 2006. I have google'd it but could not get the specific report?

 

Please clarify that I don't have to include the BBC commssion conclusion.

 

Where do |I get a copy of the Data Protection Act subject Access Request? I have a copy of my request.

 

Also transcript of radio interview Peter McNarmara

 

You also mention that para 25 need ditching I can't find it as the paper only goes up to 19.

 

Finally the consumer forum won't let me access Robinson v Harman. Is it possible for you to send me a copy?

 

Thanks very much for your help, sorry to be a nuisance but it is really appreciated.

 

Regards

Linda.

[steven4064]

Linda

 

The OFT report summary and Commons Early Day motion are in the Basic Court Bundle I meant to reference before - http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=296&d=1174895919

 

I wouldn't include the BBC commission report - a bit out of date now. Similary transcript of McNarmara interview.

 

The Data Protection Act SAR is what you sent them - it is what should have produced all the statments.

 

Para 25 is th ereference to LLoyds - irrelevant to your case.

 

I will e-mail you the reference to Robinson v Harman - it's only a quote from the case - the whole case is nowhere online (they didn't have the internet in 1848!)

[thomass1949]

Linda

 

The OFT report summary and Commons Early Day motion are in the Basic Court Bundle I meant to reference before - http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=296&d=1174895919

 

I wouldn't include the BBC commission report - a bit out of date now. Similary transcript of McNarmara interview.

 

The Data Protection Act SAR is what you sent them - it is what should have produced all the statments.

 

Para 25 is th ereference to LLoyds - irrelevant to your case.

 

I will e-mail you the reference to Robinson v Harman - it's only a quote from the case - the whole case is nowhere online (they didn't have the internet in 1848!)

Hi Steven4064. Thanks your your clarification of the above. I am working on the papers now as I have until Wednesday to get them into court. Thank you in advance for e-mailing me the Robinson v Harman quote. I will e-mail you at your address.

 

Regards

Linda.

[thomass1949]

Hi Steven4064. When is the best time to ask for costs (if I win!!!). I have spend alot of time and money on admin etc and I really can't afford the copying etc and ink?

 

Regards

Linda

[Josie8]

on the day

[steven4064]

AS Josie says. If they settle out of court you will have to send in a letter which you will find in the bank templates library.

 

Write down a list of your costs and time at £9.25/hour (the official rate for litigants in person) and take it with you to give to the court.

[Josie8]

Good luck:)

[thomass1949]

Hi Steven4064 Did you receive my e-mail re the Robinson v Harman quote. If not I will send it again. I sent via your consumer action group e-mail address

 

 

Regards

Linda.