Yes, thanks Bigmark thats were I have read it.

Memory is getting quite bad lately with having to take everything in.

Many thanks for pointing me in the right direction.

There's always some one who knows thank God.

Regard Lynn

Lost a court case (we being the claimants) for PPI with GE on 25th February 2010.

Have received a General form of Judgement/Order on 1st March saying

1. The Claim is struck out as it is time barred.

2. The Claimant pays the Defendant summarily assessed in the sum of £1,610.91.

Can any one tell me which form I should use to inform the Courts that we do not have this kind of money.

Also,the General form of Judgement / Order sent on 1st March, does this mean I have 14days from this, or is it 14 days from the date of the hearing? 25th Februrary 2010

Would really appreciate advice quickly as really worried.

Thank you in advance.

Lynn

Hi Lynn,

The fourteen days referred to is from the date of the hearing.

To vary the terms of the order to, for example, pay by affordable instalments you can apply using an N244 available here as a PDF:-

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

This will cost £35 unless you are on qualifying benefits and able to apply for exemption.

However, I would wait and see what GE do next as the sum is not that large and they might well write to ask for proposals for payment so you could save yourself the court fee. The only word of caution would be that if you own a property they may go straight for a charging order. There is no reason to panic even if they do try that as you can simply counter their application with one to vary to pay by instalments.

If you don't own a property their enforcement options are pretty limited, bailiffs are powerless as long as you never open the door to them, bankruptcy is rarely used by anyone other than HMRC & would be very expensive for them, attachment of earnings is only worth their while if you have a good income and few outgoings (and the courts rarely question the outgoings so it's easy to keep your net income below the protected earnings rate;)) and if you haven't got the cash they can't pursue a third party debt order.

Hope this helps

KC

Hi, Thanks for your very helpful advice

Regards Lynn

1. The Claim is struck out as it is time barred.

Did you use s32 of The Limitation Act 1980 against them?

If not, I wonder if you can seek to have this Judgment set-aside?

Cheers,

BRW

What were the grounds for losing the case for PPI? if you can give us some idea of how the court dealt with this, it may be possible to add some meat to your appeal

Hi Guys and thanks for response,

I have to dash to hospital appointment this morning, will be back this afternoon and will post up all the details.

Thanks so much for interest

Lynn

The whole point of the PPI revolt is that a claim for refund of PPI cannot, by definition, be statute barred, as you have only recently become aware of it.

Did you use s.32 Limitation Act?

Setaside is possible.

Oh ****!!!!!!!!!!!!!

Damn- I got here too late. The Greeks say that the gods love a joke at our expense, I hope they're pleased with themselves on Mount Olympus today, bunch of wasters.

You should have used s.32 of Limitation Act- d'oh

No, it wasnt SB due to this section of the Act.

Definately go for a setaside.

Hi,

Does anyone know if Group litigation has been taken on GE (GMAC) Secured Home Lending

If not IS anyone interested in joining Group Litigation / Class action on GE Secured Mortgage Loans

I am currently talking with top lawyer about possible litigation for miss sold second charge loans

on a no win no fee basis and wondered of anyone else would be interested.

Or has one already been taken.

Thanks Bach

Doesn't happen in the UK USA term

Better to raise individual claims

Will continue on our own, thanks for your reply.

Regards

Have just received a call from Lawyer, if anyone is still interested in taking group action against GE please let me know before Monday

Regards

I / we are interested in not just miss sold mortgages, but negligence by broker, repossessions,

unfair customer treatment or any other you are angered and aggrieved about with the

injustice of GE and / or their brokers.

Just add your story, it could be the beginning of a long journey, offering final justice

for us all who have suffered at the hands of these unscrupulous company's.

Yesterday I talked with Peter Tutton (Citizens Advice / now at Step Change Debt

after reading his publication "Set up to Fail.

He kindly offered help and advice, and is well worth the read.

Thank you for y[your interest

Is anyone interested in taking part in group action against GE (GMAC) please let me know before Monday 24th April

I / we are not just interested in miss sold subprime mortgages, but negligence by broker, repossessions, unfair customer treatment, secret commissions or any other you are angered and aggrieved about with injustice you suffered at the hands of GE and / or their brokers.

Just add your story, it could be the beginning of a long journey, offering final justice

for us all who have suffered at the hands of these unscrupulous company's.

Yesterday I talked with Peter Tutton (Citizens Advice / now at Step Change Debt

after reading his publication "Set up to Fail.

He kindly offered help and advice, and is well worth the read.

Thanks for your interest

sorry we are not your free advert sit to line yoursolicitors mates pocket

threads merged.

dx

How dare you.

I am a 71 yr old female,

I have no such friends,

you are presumptuous pompous, and arrogant in your assumptions and accusation.

I have been a cagger since 2005,

no wonder I haven't given much attention to the site for the last 3yrs.

I lost my home to GE who look my home based on the charges that they applied to the account of £2035.00

This was because the ------------ would not allow me to change the repayment date from the 24th the 1st of the month.

Never missed a repayment, and was proactive throughout for two yrs by making repayment on the 1st of each and every month,

but because they flatly refused to allow me to pay on the 1st it gave GE cart blanch to apply every charge under the sun.

GE took my home based solely on the charges they applied for late payments

I haven't had an easy time and don't expect squirts like you to make accusations,

you are site team,

then God help us.

Then your mistakes are forgiven

Your actions were typical to the fleecers we get here daily trying to line their pockets at the expence of cag members

Now you'll see by a quick browse around that I'm rather a maverick with regard to these people myself and detest they way they've fleeced £1M's out of people.

The best way to hit back is to get all the statements and get reclaiming

And the sar might also give reason to start a case against them

Its a shame unless I can't see your thread, that you didn't come here for help at the time of the repo??

Dx

numerous threads merged for history.

dx

Thank you for responding

I did actually have a lot of extremely good advice at the time April (2008)from many CAGs

especially from Slick, and Priority, and also returned help to other caggers.

I was at the forefront of reclaiming charges in late 2005, well before in became well known in the media, so thank you for your suggestions, but I am way pass the stages of SAR's.

(2005) Was my first attempt at reclaiming charges from Woolwich Building Society with success strait away within 8 weeks, no quibble and straight forward, with a return of £5000 plus.

CAG has given me loads of advice and help, it does not mean that because I haven't posted on the site for 3 yrs that I am not up to date with what is going on.

Quite the opposite as I have felt confident enough to even go to Court three time to fight my own battles, with three wins under my belt without any advice from CAG.

This was only made possible through CAG's good advice on screen for us all to read, making it possible for ordinary folks to take on the establishment.

In 2008 GE would not budge on the reclaiming of charges etc, it is only recently that reclaiming of these charges, as you know, have become easier for us all to claim.

However, it is not just the charges and fees etc, it is the way in which GE treated us.

Plus the Broker (now in default) who miss sold the mortgage loan in the first place.

I won't be posting any more on CAG, but I will be keeping myself informed.

Good Luck to you all Bach.

well if you can continue to help with GE it would be nice

they are a very harm nut to crack.

but back to what you were trying to do..

a class action is pretty much useless

individual actions that succeed will hold far more water

and inspire those here.

there are literally 1000's here in the exact position you are in

they were terrible!!

keep us informed.

dx