Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hi pease help , our secured loan ge money are now taking our account to the litagation department , please could somebody please tell me what this involves and does this mean we will lose our house? we have missed several months of payments but have always paid something . its all due to maternity leave and a pay reduction . the collection team said they couldnt keep it in that department even though i said next month we could pay the full monthly payment now being back at work full time . we have a 5yr old and a 10 month old and obviously dont want to lose our house but also we would like the payments reduced a little due to the pay cut .
Hi there, try not to worry too much - there is always something we can do to help, and you are a very long way away from losing your home.
Are you able to make payment (however small) towards the arrears each month in addition to the normal monthly payment?
You need to write to GE making your offer of payment and enclosing a budget sheet - I have affixed one to this post for you to complete. Remember when filling it in that the amount you are offering towards the arrears is the amount left over after everything else has been accounted for.
The government guidelines for lenders stipulates that court action should be the last resort and that they should consider all options to help, including capitalising the arrears to the end of the mortgage term, and you need to remind them of that in your letter. If you need help with the letter let me know and I'll happily draft one for you.
its a repayment , the interest rate is high to ! i asked about capitalizing but they said no they dont do it , its a shame because it would be easyier and better for us. i phone them every month so im not ignoring the problem. ive missed some on my mortage to , that rate doesnt go down until november 2009. can either of the companies reduce the payments whilst having arrears. can ge view my cheltenham and gloucester account ?
what does the ligation team do?
Are you able to recommence payments on both the mortgage and secured loan now you are back at work? If so can you afford a small amount towards the arrears each month on top of the normal payment on the seucred loan?
You can ask the Cheltenham & Gloucester to capitalise your arrears and see what they say, I'll draft a letter for that also.
do you know if cheltenham and gloucester capitalize the arrears? yes from july i can pay normal monthly payments and afford about 25 towards arrears but thats not for each that would be 14.50 each . can you please explain the litagation process to me as im worried about it many thanks
Hi there, if a lender sends your account to their litigation dept you will get a letter from that dept telling you that you need to pay the arrears or they will start court proceedings (usually give you 7 - 14 days to respond). However, don't panic! - things don't happen overnight! it can take 4 - 8 weeks before you even get a court date.
You should send the letters to both of them to try and come to an arrangement before any proceedings are started.
i didnt expect that i thought when the litagation team had the account they tried to come to some agreement with you then if not it would go to court . do you know what the ge money litagation team do
I don't know how every different litigation team work, but in the main they are the same i.e. they are the last step before court proceedings. They probably will try to come to an arrangement but it might be more than you are able to pay - best to get in first with a letter of offer.
If it does go to court you can then prove to the judge that you have tried to come to an arrangement.
Usually when accounts become over 2 or 3 months in arrears the lender will send to their litigation (legal) department, they will prepare the case for possession proceedings. It's unlikely mortgage or secured loan lenders will have a pre-litigation department. As soon as you are in arrears you are effectively in a pre-litigation situation. If the arrears continue the next step is possession proceedings, unless of course you come to an arrangement to pay the arrears either in full or by agreed installments.
If your lender is sending your account to their legal department then the only way to avoid a court hearing is to make an offer to pay the arrears by installments on top of the normal monthly payment.
Do Not do this over the phone as you will never be able to prove you have made an offer. It should always be done in writing. I can help you with the correct wording for the letter.
You should ask C&G to capitalise the arrears and offer GE increased installments.
If they do take you to court you will have to attend a hearing with a judge and the lender's solicitor. You will need to prove to the judge that you are able to make payments towards the arrears in order to stop the lender gaining possession of your property. If the judge accepts your offer of payment then he will suspend the possession.
Suspended possession means that if you miss even one payment under the court order the lender can apply for an eviction warrant giving only around 14 days to leave the property. Although this can also be defended by asking for a hearing before a judge, you really don't want to get into that situation.
Hopefully now you can see why it is so important to write to the lender with an offer of payment before it gets too far down the litigation route.
3rf charge is fine , do you mean am i able to make the monthly payments ? if so yes from july . when they repossess do they take into account any interest ? or do you they just take back what you owe.
what would happen with a shortfall for about 50,000 ? also as i said about the council would they give us a house?
I know its an awful situation to be in - but try not to worry too much
((Hi Ell-enn, I hope you're well xxxx))
Ell-enn will keep you on the right track with her fantastic advice (She helped me out when a friend of mine had trouble with GE Money too.).
I've been to court with that friend twice now!! She was successful the first time - the judge ordered a "suspensed possession order" which means provided you keep up the repayments as agreed at the hearing then they cannot take your home from you.
Unfortunately, she was unable to keep up the payments and was sent an eviction notice, which again she went to defend - and won!! She's still in her home making her payments and a little towards the arrears (which she can afford). There's another plus side, GE money can't keep hassling her now the court order is in place.
What I'm saying is you're a long way from losing your home.
If it gets to the stage where you're going to court and you need any advice about what goes on in the court room just shout (its nothing like on tv - honestly - and the Judges (from my limited experience) are lovely and they will be on your side!!
My friend said something in the court room about GE money not keeping her advised on something and the Judge replied "I can very well believe that" and glared at the GE Rep. The Judges know what they can be like.
Stay positive, keep posting on the site and you'll get there!!
Hi Gemmie, you need to fill in the budget sheet to work out how much you can pay GE towards the arrears each month in addition to the normal monthly payment.
Hi Gemmie, affixed are the letters for C & G and GE Money. You need to send the letters and enclose the budget sheet.
On the GE budget sheet you need to show the amount you are offering to pay towards the arrears in addition to the normal monthly payment as being the amount left over after everything else has been accounted for.
On the C & G budget sheet you need to ensure that there is no extra left over i.e. add the amount you are paying towards the GE arrears into the GE normal monthly payment.
Send both letters by recorded delivery, keep copies of the letters and budget sheets and also the receipt for posting. Check on the Royalmail website in a few days to print of the signature receipts. Keep everything together safe in a file.
please help i have a secured loan with ge money im in arrears of 4333.00 , its now gone to the lit department i have sent in my income and expenditure and offered an extra 50.00 per month ontop of normal payment but they said it isnt enough and want 180.00 per month as thry want th arrears paid of in 24months
ge money litigation
leave and a pay reduction . the collection team said they couldnt keep it in that department even though i said next month we could pay the full monthly payment now being back at work full time . we have a 5yr old and a 10 month old and obviously dont want to lose our house but also we would like the payments reduced a little due to the pay cut .
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