Can I claim back charges on arears

[gillwall]

Re: Can I claim back charges on arears

Hi
Received my DSAR from G E Money, there is quit a bundel, also a letter regarding my request for the unfair charges plus interst, they say they have already upheld the mis sell of the PPI complaint and offered redress, I will be able to check the figures now I have all the statments 10 years of them. They then say - they are unable to refund the fees I have incurred on the account as they were not applied due to the PPI element of the loan.

I have it in black and white from all the staments received they did not start adding these fees, default charges, returned DD and admin charges plus interest for being in arears untill they refused to pay out on the insurance. We did get in a mess financially.

I havn't accepted the redress as yet.

How should I approach this now,
Should I recalculate the redress and work out the fee's plus interes. Or a letter before action.

Thank you
Gill x.

[leclerc]

Re: Can I claim back charges on arears

Hi
Received my DSAR from G E Money, there is quit a bundel, also a letter regarding my request for the unfair charges plus interst, they say they have already upheld the mis sell of the PPI complaint and offered redress, I will be able to check the figures now I have all the statments 10 years of them. They then say - they are unable to refund the fees I have incurred on the account as they were not applied due to the PPI element of the loan
Double check that piece of information because if the amount of PPI left no money in the account to pay for the loan then arrears on the loan would have ensued. If that is the case then I think you need to ask them to look again at that part of it since if you were £20 out and then incurred charges then I think it is arguable to them that the consequence of the missold PPI was that charge. I would look at it on a charge by charge basis.
I have it in black and white from all the staments received they did not start adding these fees, default charges, returned DD and admin charges plus interest for being in arears untill they refused to pay out on the insurance. We did get in a mess financially.

I havn't accepted the redress as yet.

How should I approach this now,
Should I recalculate the redress and work out the fee's plus interes. Or a letter before action.

Thank you
Gill x.

See above and I am sure others will advise as to the next steps

[Bill-K]

Re: Can I claim back charges on arears

I think you will need to tell them that you have asked for the offers to be made separately in order for you to properly evaluate them, and that you need more time to do this, as you have only just received your DSAR data. As presented to you, their offer does not comply with the FSA rules, as the calculations are not clear. Repeat DISP APP 3.9.4 again.

With regard to the penalty charges, I would point out that where these would not have been incurred if the mis-sold PPI premiums had not been charged to the accounts, then they were directly attributable to the mis-sold PPI and should be refunded as per DISP APP 3.7.2 (repeat this for them).

You may want to insist that if the person dealing with your claim is unable or unwilling to understand the FSA PPI Redress Rules, that they refer your claim to somebody who actually is both able and willing.

Next, you need to start working on your figures, which we can do via your thread in PAG.

[gillwall]

Re: Can I claim back charges on arears

Thanks again leclerc and Bill-k, excellent information - as usual. O k Bill i will put this info on the PAG.
I have still got records of hubbys sickness certifacate which date back to June / July2006 when medical issues started, as well as his class 2 national insurance certificate which conferms his low earnings from 2005 - 2012.
Also when calculating the ppi redress do i use the 8% or the perecentage the loans started at.
They suggest that Cardiff Pinnacle are responsible for the remit of my other 2 accounts, one is still active, same issues with unfair charges etc.
Forgot to say they have offered £300.00 compensation instead of the £100.00 origianally offered which I refused.

[gillwall]

Re: Can I claim back charges on arears

Hi
As i have been getting dates and figure together for the first loan which was consolerdated in 2003
The statement shows -

15.10.2002 advance £3,200.00
25.06.2003 redemption figure £3,116.54

and the on the same statment this apperas 25.08.2011 Repayment of capital £2,941.26 -£2,941.26
25.08.2011 Transfere of arrears on settlement £2,941.26
Total £0.00

Surely if the loan was consolerdated/settled in 2003, there should be no data after that date especially 8 years on.

Could you put any light on it please, I dont thnk im having a blond moment
Gill x

[Bill-K]

Re: Can I claim back charges on arears

From the statements for the two accounts which you have sent me, Gill, they appear to have re-opened the accounts several years after settlement in order to perform a bit of 'jiggery-pokery' with their records. On EXACTLY the same date in 2011, they have credited each account by a four-figure sum which is described as "Repayment of Capital," and then on the same day debited the account by the same amount - describing it as "Transfer to Arrears on Settlement."

So, there is no eventual difference to the final zero balance in each case, but I suspect that perhaps GE have somehow managed to 'lose' some of their liquid assets by re-classifying various amounts as arrears. This may have an effect on your credit record, but if you haven't received any Default Notices, then it may not have affected you at all. It certainly seems dodgy to me, though, and needs querying - particularly as it has happened on exactly the same date with two separate accounts, and so long after account settlement. My own guess is that they have done this with a whole bunch of settled accounts - perhaps in order to 'spirit away' some of their capital. But there could be a less sinister explanation, and I think they should be asked for one. I will ask for some further opinions on this, though.

As regards the second account statement you sent, where there was further account activity after settlement, but before the above activity - this appears to be due to the settlement amount being less than the final balance owing, where it appears that a further cheque (from yourselves ?) was required to fully settle the account. This cheque was credited a couple of months after the 'preliminary' settlement, and appears to have been paid to cover a final early settlement admin cost of £75, plus further interest on the balance still remaining.

[gillwall]

Re: Can I claim back charges on arears

Thanks Bill, if you need any other information please get in touch. I have also identified another account with similar activity in 2011.
Thank you
Gill x