Ge Money Refusingis This Right?**WON**

[archer_66]

well its monday.......i phoned the court and after being on hold for about 20 minutes was told nothing had arrived yet but i have to phone tomorrow to make sure.....fingers and toes and everything else crossed!

[archer_66]

damn they filed the defence at the last minute!

[archer_66]

just got a letter off buchananclark and wells acting for GE.they asked me to call which i did.i explained that the arrears on the account were the charges im claiming back through the courts,he told me that the charges were in the terms and conditions and are legal charges and that the reclaiming of charges were for banks only! obviously never heard of CAG! he said if i didnt clear the arrears then i would be taken to court and theyd get an order to remove the car.i told him theyre quite welcome to as i will be attending to counterclaim for the charges and them placing a default on me while themselves are in default which is fineable.i also told him i have got advice from trading standards on this matter and he wanted to know what it was! i didnt tell him what theyd advised.he said he'd pass on the conversation to GE. wonder what theyll do now.i did tell him that GE knew i was taking them to court and they had filed a defence.

[Parkvale]

Wow i am impressed. CONFIDENCE ABOUNDS. The point they think they are legal charges is breath-takingly arrogant. They are penalty charges incurred by you for breaching your contract with them. The law is very clear that you can only be charged what your breach has cost them, and no more. So tell that plonker who thinks the charges are legal. That they are unlawful and when your case is dealt with at court . GE money will have to prove otherwise.

[archer_66]

i did tell him that but he was having none of it.i told him if they go to court b4 me then i shall be counter claiming and bring the charges in and the fact they defaulted me when theyre in default.he just said they WOULD be granted an order to take the car off me and it was rare that the judge would not do this,the opposite was said by trading standards earlier this year when i enquired! so game on,but now im mad!!

[archer_66]

ok received defence from courts today with the AQ enclosed.

1.it is admitted that the claimant entered into an agreement with the defendant(GE Capital Bank Limited trading as GE Money) for the provisionto the claimant by the defendant of credit for the purchase of a renault laguna under account number ************("the account")

2.it is further admitted that the defendant debited charges to the account of £359 ("the charges")

3. the defendant denies that the charges are a disproportionate penalty,enforceable,irrecoverable at common law or contrary to the Unfair Terms in Consumer Contracts Regulations 1999 or otherwise.The Charges are a genuine pre estimate of the cost to the defendant of dealing with the claimant's defaults ans are reasonable.

4.the claimants claim for interest is denied

the defendant believes that the facts stated in this defence are true

 

well think that leaves them wide open to ask for disclosure dont you?

defence shorter than natwests! thank god! at least i can understand this one!!

[steven4064]

Just go with the new AQ suggested order which will required them to disclose or lose by default. That should do it!

 

Steven

[archer_66]

im a bit wary about using the new AQ cos you have to send things within 14 days of the AQ being put in and im not sure what it is?! :o

[steven4064]

THe point of the exercise is to force GE Money's hand. They have 3 choices: to comply, to lose by default or to settle. THey are not going to comply because the daren't. THey won't want to lose by default because that looks bad and they are in enough trouble with the courts for abuse of process as it is. THat leaves them only one choice. That is what they will do.

 

However, they will probably leave it to the last minute just in case you default instead. So don't. The thing to do is to start getting the stuff together.

 

THe new strategy calls for you to provides 4 things:

• 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 irrecoverable as penalties or otherwise;

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

a) is the same schedule you have probably sent them 20 copies of already.

 

b) is a copy of all the statements you used to draw up the schedule that you have sent them 20 copies of already

 

c) is a statement of evidence. I posted an example on another thread a couple of days ago (see http://www.consumeractiongroup.co.uk/forum/show-post/post-793347.html)

 

d) is the stuff in the basic court bundle (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html)

 

THere is quite a lot of copying to do as you will need 3 copies of everything - one for the court, one for GE Monye's solcitors and one for you. You only have to send it if the court orders it so get it together but only copy if you have to. Copying shouldn't take 14 days.

 

Don't forget to put in the draft order with your AQ. (http://www.consumeractiongroup.co.uk/forum/show-post/post-90319.html)

 

Steven

[archer_66]

many thanks for the translation steve! ok ill do that now i know what im doing!

you seem to be having loads of problems with them yourself!?

[steven4064]

Yes, we thought it was all over then they suddenly anounced they were going to defend. Now it's nearly two weeks later (and after a 28-day extension they asked for) and no defence has appeared although it could be in the court's in-tray.

 

The court have told us to apply for judgement but it could still drag on a bit longer.

 

Steven

[archer_66]

why is that then? if the courts said to apply for judgement then it should be done?! courts are really in favour of the big guys not us mere mortals!

[steven4064]

Because it is possible that GE Money have entered a defence but it has not come to the top of the pile in the court yet. So if we request judgement and then they find that GE Money have entered a defence, we still have to carry on the charade. The problem is that the court is really overworked and business was aditionally set back be a one-day strike last week.

 

Steven

[archer_66]

oh i see.so how long doyou have to wait then til they know if theres a defence.how annoying!

[steven4064]

It really depends on the backlog at the court. Out local court was about a week benhind but hey also had a day's strike last week

 

Anyway, it is now two weeks past the deadline. THe court said we should request judgement evern though there is still a small chance there might be a defence in the in-tray.

 

I will submit the request for judgement on Tuesday. I'll probably walk it round as the court is only 5 minutes walk from our house and ask whether any defence has been receieved at the same time.

 

Steven

[archer_66]

good luck then for tuesday ill keep an eye on your post !

fingers crossed!

[archer_66]

right ive handed in AQ just have to wait to see what happens now......

[steven4064]

Quick update - we got the defence and an AQ yesterday - so it looks like there's a bit of a way to go yet.

 

Steven

 

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[archer_66]

oh dear , y do they draw it out soooooooo much! theyve already prob paid lawyers more than we r asking for!! well it definitely makes u a lot more patient! yesterday was the last day for my AQ to be in so hopefully theyve put theres in....have to wait and see what i get off the court...was the defence they put in in ur case short like mine? and it was easy to understand too!

[steven4064]

oh dear , y do they draw it out soooooooo much! theyve already prob paid lawyers more than we r asking for!! well it definitely makes u a lot more patient! yesterday was the last day for my AQ to be in so hopefully theyve put theres in....have to wait and see what i get off the court...was the defence they put in in ur case short like mine? and it was easy to understand too!

 

I'm sure they have paid Salans more than we are claiming many times over by now.

 

Their defence was one page, 5 points:

 

1. Yes we have an account

2. Yes, they debited said account with charges

3. They have paid the charges back

4. The charges are a "genuine pre-estimate of the costs to the defendant..."

5. So forget it!

 

Steven

 

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[archer_66]

lol yea mine was similar! said they werent paying interest and no i wasnt getting any money!

[steven4064]

lol yea mine was similar! said they werent paying interest and no i wasnt getting any money!

 

We'll both see about that!

 

Steven

 

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[archer_66]

right then,interesting i got a letter off salans today hadnt a clue who they were till i opened it!without prejudice&subject to contract? what does that mean?

they might have offered me the full amount i claimed but im not allowed to disclose this (due to terms in the letter)

i have to send it off to accept it if there was an offer!

could i sign it and say i am not agreeing to confidentiality!? will they withdraw any offers if theyve made any!?

[steven4064]

We had the same letter - I wrote back and told them we wouldn't sign their agreement - we would write to the court once the clai was sett;ed and we had the money. So the case continues. I told Salans that we would not sign the confidentiality clause. They have gone back to GE CB for directions. THey have filed a defence in court and we have theAQ.

 

Steven

 

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[archer_66]

really? they have set it out so it looks like a court document..saying that i have to bear own costs(i was exempt)defendant shall pay within 28 days and the confidentiality bit at the end think ill write them a letter saying i shall cancel court when i get the payment and i dont agree to sign the confidentiality clause see what they say.how long ago did you get your letter saying they would pass it to GE?