Advice needed please - GE money Mortgage??

[clover46]

Im currently claiming against a GE Money mortgages and ive just been advised by my local court that they have stayed the claim, i was under the impression that the OFT case does not effect mortgage accounts?

GE Money have NOT applied for the stay on my claim but rather it was the court that initiated it. Im currently in communication with Eversheds the solicitors that act on behalf of GE Money, however as GE Money are known to be very under-hand and ruthless my concern is that they will use the stay to there advantage and further abuse the process of settling my claim.

Is there a template letter/wording I can add to the application for stay removal to emphasise the fact that GE Money is not involved in the OFT case, and is indeed a mortgage claim.

Any help/advice appreciated.

[clover46]

Anyone please?

[steven4064]

What sort of notification did the court send? Did it say that either party could contest the stay, and if so, how long do you have? (these orders usually say something like 'if you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it')

If they did give you that option, you may need to fill in a form N244 and pay £35 - phone the court and ask them. If you do, then write the reasons you wish to oppose in plain English (ie not a bank charges claim and GE CApital Bank are not one of the 8 financial institutions involved). If you don't need teh form, just write the same in a simple letter to the court.

[clover46]

Regarding the order recieved from court after the blah blah relating to OFT case it then simply says:

Either party may apply at any time, by application on notice in accordance with the Civil procedure Rules 1998 part 23, to lift the stay.

This Order is made by the court on its own initiative. Any party affected by this order may apply pursuant to the Civil procedure rules 1998, part 3.3(5) to be set aside, varied or stayed etc etc

Application should be made not more than 7 days after date on which this order is served.

[steven4064]

That's pretty much what I expected so my advice in the second paragraph of my post above applies

[clover46]

Thank you for your advice

[tendom]

Go to CAG's A-Z complete list and under S it tells u how to apply to remove a stay or it might be under R.

You can tailor it also to inc. pers circs. if you have mortgage arrears etc

[clover46]

Just a quick up-date.

Since my last post we have recieved a settlement agreement via e-mail from GE Money, however it states a few points that we are not at all happy with, nor are we agreeing to.

Firstly they want us to agree to never claiming against them on this or any other account. We are not agreeing to this as eventually we may persue a ERC claim, this depending on how the land lies - so to speak.
We also had a HMC (household mortgage corporation) mortgage which we have since discovered is part of the GE Money group too.

secondly they want a strict confidentiality clause to be adhered to, this I have no probs with!!

Thirdly they expect us to agree to all of above then also agree to a stay on the claim, then within 7 days of stay they will pay us full settlement of claim.

At the moment I don't think GE Money are aware that the claim as already been stayed by court due to pending OFT case.

Im going to file application for stay removal and emphasize the fact that GE Money are trying to settle and the fact that this is a mortgage account, furthermore a closed one at that!!

Clover

[steven4064]

We had the same sort of thing - an offer with conditions we were not happy with (in our case, confidentiality). We jsut stuck to our guns and they gave in.