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GE have a possesion hearing listed for 2 weeks time, the arrears are £1,600 and approx 700-800 of that is interest and other charges, can they include this in the figure fo rhte hearing?
thought I read that they can only claim the actual arrears, ie what the monthly payment is not what they are charging on top of that..
Hi there, my advice would be to fill in the defence papers anyway as the lender may not cancel the hearing even after you pay the arrears - they may even tell you that you don't need to turn up at the hearing (don't believe them unless you have checked with the court that it has been cancelled).
Send the form to the court explaining that the arrears of (£) will be paid on (date) but the remainder of the amount the claimant pleads is made up of charges, insurances etc.
You put this information in part 27 of the form and affix a copy of the statement with the charges circled or marked with a highlighting pen.
If you need help constructing the statment let me know.
What date will you be making payment of the arrears?
Ell-enn
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If you can pay the arrears by debit card over the phone next Wednesday then GE should cancel the hearing - if there are no arrears on the account they cannot proceed with a possession claim.
However, as they are not to be trusted - my advice would be to get proof of payment that day (if you are on internet banking it should be easy, if not go into the bank and ask for a statement) - fill in the N11M with a statement at Q.27 to the effect that you have cleared the arrears (affix the bank statment proof), and that the balance is charges etc. and then take it by hand to the court same day which will be a week before the scheduled hearing and they should accept the form. I can draft a statement for you ready for Wednesday.
That way you have advised the court of the situation in the event that GE don't cancel the hearing - if they did turn up I think they would get a severe talking to from the judge!!
By the way - how many months payments are missing?
Ell-enn
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OK, let me know when you have made the payment by derbit card on Wednesday and have got proof from your bank and I will complete the statement to take to the court.
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I have made £715 towards the actual mortgage arrears..... 3 months at £388.94 = 1166.82 that leaves 451.82 which will be paid in the morning prior to the hearing by debit cards.
They claim the toal balance is £1,609.17 in that figure Solicitors intermi legal fees of £63.00 admin fee of £40 interest of £168.23 additional interest £29.24 Default notice charge £30.00admin fee of £40.oo interest of £167.72additional interest 30.44....total £468.68 plus 60.54 loan reop grand total of 529.22
Deducted from 1609.17...leaves a blance of 1079.95.
Now I have just spent a very long protracted telephone call with GE and they are going ahead with the hearing tomorow even although the only outstanding amount will be chagres and fees and interest...
A can they do this? and B do I have any arguement to take into court?
sorry for the delay but have had both teenagers down with heavy colds, daughter no has swine flu and I am loaded withthe cold as well..
Any advice would be gratefulyy received and sorry for leavingit so late.
I did try and expalin that my understanding was it was only actual mortgage arrears they could seek possesion on, not charges, all he kept saying was we are doing nothing illegal..
Is the mortgage in joint names?
Do you have any children?
Do you have an up to date statement showing the charges?
Do you have proof of the payments made today?
What was the reason for the arrears ? (the judge will want to know)
Ell
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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
sorry about the delay but daughter came down with swine fluye yesterday, had to go get the tamiflu tablets, son and I were not feelign all that great by tea-time, phoned and got given ref no to get it for him and I..
Phoned the court this morning told them, not allowed out because of this... so it is the lap of the gods...
Although was told by GE they were applying for a susspended order///
So we will see, am sorry for messing you about a bit, but feel cr*p...
What does puzzle me is this £60.54 increase , they are converting all previous charges and adding them on to the monthly payments.
have phoned twice and asked under which section of my mortgage agreement does this come under.
They claim we have chnaged our business practice and are now doing this...
I cant see anywhere on my paperwork where it says , we can chnaged our business practice at anythime and youjust have to accept it..
My thought was as two phone calls have faile dot get the answer, perhaps a written one? recorder ofcourse?
Post man has just been and here is what the letter from the court says.
the court heard the Solicitor for the claimant and the defendant not attending....... and the court ordered that
1 The Defendant given the claimant possesion of ****** on or before 29 October 2009
2 This order is not enforced so long as the defendant pays the claimant the unpiad instalments under the mortgage of £1609.17 by the payments set out below in addition to the current instalmanets under the mortgage.
payments required
£100.00 per month the first payment being made on or before 02 November 2009
The Defendant has liberty to apply to set asdie this order within 14 days of service.
Now I am very confused, I have to pay the 1609.17 by the 29th october or give possession plus another 100 per month from the 2nd november... can someone explain how this works please.
2nd £715 had been paid off that 1609.17 leaving 894.17, but their solicitor has not told the court this. is that not wrong?
surely the court should have been told the correct amount?
GE again!!
and other charges, can they include this in the figure fo rhte hearing?
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