GE again penalty charges claim ** WON - Post OFT v Banks **

[maybelline]

Hi, I have had some success with this and received a part payment, and also manage to get my builings insurance fee charged incorrectly back but this has been put refunded to the charges? do i have any other choice I wonder. I have now decided to claim the rest of the charges approx 50% with interest since they have announced they are still charging £40 admin fee for late payments, bounced dd's etc. i was at N1 stage a while ago so can i just take it into the court without renotifying them.

[maybelline]

looking at my N1, do I take off the part payment after the total plus interest, or before the interest and then recalculate interest at 8%?? (ok! sorted, asked one of the kids!)

[maybelline]

GE intention to defend rec'd from their solicitor.

[kfdh1962]

i was wondering, is your mortgage still with GE... they are hitting us with some seroius charges and have been doing so for some time...i want to go after the charges but my partner is worried as we still have a mortgage and a second loan with them

[zootscoot]

Its not generally advisable to go after your current lender. Particularly if you are in arrears with them.

[kfdh1962]

thanks for the advice Zoot.

 

i have sent of the SAR just to see what charges they have levvied. I guess i will save going after them for a future date when we are free from arrears and GE money...

[maybelline]

hello zoot, could do with some input now, I have received a defence from GE, who state that they want the claim struck out, on the grounds that I have no contractual agreement witht them, as we know, GE were I Group and before that they were Ocwen. I have no arrears whatsoever with GE and have received a part payment from them but claiming the rest, only the unfair charges, not anything else, it was well worth having all the account record because there were some hideous charges and some horrific 'mistakes' that I have managed to get overturned. however, I now need to defend their claim for their costs also, even though this is small claims track, so I have some research to do, for this, can you point me in the right direction? thanks.

[zootscoot]

I take it they are relying on the legal indemnity clause in the contract?

 

Have they added this to the mortgage or put in a counter claim?

 

If counter claim can you post it.

[maybelline]

hello zoot, put in my N1, it was acknowledged and this is the defence stage, so expecting AQ next from the court? the part payment was negotiated at prelim stage and accepted as part only. I feel I have a strong claim for the unfair charges added are very high and appear to be for nothing, unless of course it can be demonstrated otherwise?

 

ps petititon signed!

[maybelline]

also, looking at it, the terms are extreme, all the fees of which there are many and various have been added before the loan amount so I am paying interest on everything, however, it is non-regulated (over 25k) the rate is 5.5 above base rate, crippling!

[maybelline]

so who am I paying my mortgage payments to????

 

ocwen Ltd = Originator

GE Money Home Lending = their letter head

GE Money Servicing Limited

 

arent they just dodging?

 

since they say I am claiming from a non-existent company????

 

and what happened to IGroup???

[maybelline]

bump

[zootscoot]

You won't lose the claim on this ground. Simply put in an N244 application to amend your claim to correct the name of the defendant. There is a link to this form in the bank templates library.

 

You mention above having to defend their claim for costs can you provide some more detail on this?

[kfdh1962]

you may find these guidance notes on filling in the form useful too,

 

N244 - toChange the Particulars of Claim Ignore the top left hand box as this is for court use

• Complete the sections on the right hand side of the box
  
• In part A 1, state the your name, in part A 2 the order that you are applying for, in your case to change the particulars of claim, increase the amount claimed and re-serve , in part A 3 briefly state your reasons why
  
• In part B, please tick the box that states, evidence in part C to support my application
  
• In part C you will need to go into detail why you need to change the particulars and increase the claim amount.
  
• Please sign both sides of the form

Please enclose the fee of £35 for this application and make your cheque/Postal Order payable to HMCS.

 

You will then need to download one blank N1 claim form as follows:

• Go to www.hmcourts-service.gov.uk
  
• On the menu click 'Information about'
  
• Click N and then click 'Northampton Bulk Centre'
  
• On the right hand side in 'Our Centres' click Money Claim Online
  
• On the right hand side in 'Further Information', click N1 blank claim form
  
• Click link to blank N1 CPC Claim Form
  
• Then type exactly the same, word for word, from your reference copy onto the downloaded blank N1 CPC Claim Form
  
• Print off completed N1 CPC Claim Form and make your amendments in RED pen.

Return your completed N244, (with fee £35) and amended N1 claim forms to:

 

Northampton County Court Bulk Centre

MCOL 4th Floor

St Katharine's House

21-27 St Katharine's Street

Northampton

NN1 2LH

 

We will then return the re-sealed N1 Claim forms to you. Before you post them out, you will need to enclose a claim Response Pack in the envelope to enable the defendants to respond to your claim. The Response pack consists of 3 forms:

1. Acknowledgment of Service/ Response Pack (PDF 321 kb)
   
2. Admission (specified amount)
   
3. N9b, Defence and Counterclaim (specified amount)

These 3 forms can be downloaded from www.hmcourts-service.gov.uk. When on the home page, click 'forms and guidance' in the menu bar on the left hand side. In the field marked 'Form Number/Leaflet Number', type in the form number (i.e. N9, N9a or N9b) you wish to download and click 'find form' on the bottom left hand side. Print off 1 copy of each for enclosure with your claim form. The defendant should be in receipt of a re-sealed amended claim form and a response pack.

[maybelline]

You won't lose the claim on this ground. Simply put in an N244 application to amend your claim to correct the name of the defendant. There is a link to this form in the bank templates library.

 

You mention above having to defend their claim for costs can you provide some more detail on this?

Application Notice

Part A asks for claim to be struck out

and claimiant to be ordered to pay costs of GE Money Servicing Limited

 

Part B we rely on witness statement attached. (Defence - statement of truth) =filed by GE Money Servicing Ltd, the defence having been served pon the legal dept of GE MS Ltd, which provides legal services to companies within the Ge Money Group.

It is denied that the named defendant, GE Money Ltd, exists or ever has existed as a corporate or legal identity... not capable of having a contractual relationship with the claimant.

claim denied in its entirety.

 

How long do I have to get my N244 back, 14 days?

 

they state that GE MS ltd administer a mortgage ac for Igroup UK Loans ltd. the loan was originated by Ocwen Ltd, the rights and obligations of which was subsequently assigned to Igroup Uk loans.

 

so you can see why I dont know who it is with, all my correspondence is just headed GE Money? so do I change it to IGroupUK Ltd?

 

re costs - because 'defendant does not exist, therefore no reasonable grounds for bringing claim, and we have incurred costs to defend this.

or the claim is an abuse of the courts process or likely to obstruct the just disposal of justice.

thanks zoot:)

[maybelline]

ok, have filled in N244, do I need to do the N1 as (amended to suit) as above post, copying over the original details but putting the changes in red? and then resubmit to court, with fee, correct? oh, and my evidence of this. does this go in before AQ or with it?

[kfdh1962]

hi maybelline,

see the guidance notes below, you have to completed a new N1 form from the link given, copying word for word the original with the ammendments you require. i was advised to write these in red and underline them.

 

You will then need to download one blank N1 claim form as follows:

• Go to www.hmcourts-service.gov.uk
  
• On the menu click 'Information about'
  
• Click N and then click 'Northampton Bulk Centre'
  
• On the right hand side in 'Our Centres' click Money Claim Online
  
• On the right hand side in 'Further Information', click N1 blank claim form
  
• Click link to blank N1 CPC Claim Form
  
• Then type exactly the same, word for word, from your reference copy onto the downloaded blank N1 CPC Claim Form
  
• Print off completed N1 CPC Claim Form and make your amendments in RED pen.

[maybelline]

cant I just download a form and fill in the details from my original ref copy (the one already filed) in black ink and then do the amendments in red, I did not do them online as I understand you cannot do online claims if you qualify for fee exempt. I will have to take them into the court with my exempt evidence again.

 

thanks for your help:)

[zootscoot]

Yes in fact you have to do that!

 

There is no facility for submitting it online.

[maybelline]

thanks zoot, fortunately my local court is very accessible!

[maybelline]

www.igrp.co.uk

 

confusing lot arent they

 

Lawsuit Against Ocwen Federal Bank - Summary of Allegations

 

ocwen became IGroup(who are GE)

[maybelline]

Rip Off Report: Ocwen Federal Bank FSB OCWEN CLASS ACTION LAWSUIT FILED! Ocwen Bank Ripoff racketeering, breach of contract, unfair debt collection practices, overcharging borrowers bogus service, Orlando Florida, Nationwide *UPDATE ..judicial miscon

 

so this is how the americans dealt with them!!

[maybelline]

hi again, re the AQ, do I need to mention their counterclaim for costs at all? I have done my N244 re the co name, and my reasons, evidence etc for part c.

[maybelline]

yes they are counterclaiming for costs, dont know if it is reliant on an indemnity clause, will come back on this question.

 

dont seem to be able to find the original document to see the terms and so on, but it is not mentioned in their defence that they rely on an indemnity clause, it is not quoted in any way if it exists?

[nursenancy]

Maybeline,

where abouts in your defence does it mention their counterclaim, only because I too have recieved a defence from eversheds and I am scared that I have missed this, I know I sound a bit dim but I am just being careful. NN