look at goldlady's thread. it can be done with care

i am in a similar positon re charges going back 12 years ! i have just started researching how to reclaim .it can be done .look at goldlady and others on the site.

Hi All - Just a post to tidy up this thread. A telephone call to GE confirmed the arrears payment had arrived 3 days before the repo date. Ge stated they would not request enforcement provided future monthly payments are received. No cancellation or suspension was offered. It was obvious they want to stay in control and go for eviction at short notice if needed. As Ell-en thought there was a 30% chance of not cancelling the repo order in court we decided to delay the N244 for 1 or 2 months to allow more evidence to acrue showing the mortgage was now affordable. Also in late January there will be an unexpected further reduction in expenditure so creating an even stronger case against GE who will no doubt contest it . My friends are so relieved at not loosing their home and now sleep at night. It would be all too easy to relax, live life and forget the lenders can threaten to jump to eviction if any problem occurs. I urge others who clear their arrears to go to court for cancellation of the order. So in a few weeks chapter 2 starts. Many thanks to the CAG particularly the amazing Ell-enn for the help so far .

hi ell-enn i have resent the attachments you could not open. hopefull at least the word doc opens. would welcome your opinion . thanks

thanks.have to stop now .will reconnect in the morning .

hi goldlady .just read it . cheers me up no end .will return to the site in a couple of weeks to do more research . thanks

Hi Ell-enn Can you email your opinion re our N244 Q10 answer etc that i sent on Wednesday or has it become lost in the ether . My friends are still on edge despite the payment being actioned yesterday. We want to file with the court on Monday. Your work is much appreciated. I see you all over this secured loans /repo site. It seems you rarely sleep or eat!

Hi Goldlady How did you get back the £40 charges on GE ? I have approx £4000 from my old mortgage company and have the records back over last 12 years. Also Ell-enn with them added to the mortgage, interest is charged ? Johnny11-know how you feel.These admin charges are a [problem] like bank charges.

Hi Ell-en. Have now seen their order for possession.The court made a mistake and never posted it! I think they are overun. It had to be picked up by hand this week and states the court orders that: 1] the defendant give the claimant possession of ------ 2] the money claim is adjourned generally with liberty to restore Is this a money judgement ? I read it as because possession has been granted the money claim for all the mortgage is ajourned .If the house sale does not cover the mortgage then the money claim can be restored to recover the shortfall .Is my interpretation correct? No rush-signing off for tonight-bye.

Thanks Ell-en.Just what we wanted to hear. I will use latest version. CAB must be using old stock. Possession date is 15/1/09. Funds will be in GE's account by 8/1/09 . Will brush up paperwork over weekend .Would like to get Q10 answer to you for scrutiny. How do i do that? Want to deliver to court on Monday 5/10/9. Any advice re money order ?

Hi -slight delay due to festivities . Repoman thanks for the reply . I understand your suggestion but want to avoid two court hearings . Could we not in N244 Q3 state 'cancellation of repossesion order',file the form plus attachments , obtain a hearing date,then immediatly pay arrears by bank transfer so at the hearing all arrears are cleared - the judge checks the mortgage is affordable and cancels the order there and then? Ell-en, thanks to your [and other CAGers ] brilliant work i had already found the form, and done a budget sheet etc ready for the suspension route. Its only late on Tuesday night i thought of cancelling the order hence my somewhat unclear post - too much cider . In pre CAG days I spent many stressfull 'sword of Damaclees' years under a suspended order not realising it should have been cancelled when the arrears were paid off. Lenders hide this fact. Hence i am anxious my friends don't do the same. Incidentaly the download form is N244 Application Notice [05.08] but the local CAB are handing out version N244 Aplication Notice [6.00].This is very different with the whole of the reverse side available for evidence .Is it an earlier or later version ? Also i have just heard mention of a money order with the order for possession. What is it ? I dont think they have one - what do we look for? Happy New Year All

Hi I am helping friends whom i find have been put through the wringer and court by GE Money for mortgage arrears.By 200 + phone calls [injunctional harrasment] and other flouting of the protocol GE pushed them into shock. Without taking advice no defense was offered ,they just showed on form N11M that apparently the mortgage was unaffordable. The judge had little option but to grant a 42 day outright possession order for mid January . Now a detailed rework of expenses shows they can afford the mortgage and pay the arrears off over 4 years. Rather than live under the stress of an instant action suspended order, with other help they can repay all the arrears now and go for a cancellation at court. Do we do this via form N244 ? Would a direct approach to GE be of any use to save on court costs? I guess not . I assume the order will not be placed on the Register of Judgements etc so speeding their credit repair . Also GE seem to be adding charges to the arrears not the principle . Thanks in anticipation of any help.

Thanks Saintly and PJDavies for the dummies guide and advice .I have printed it off and will become more active now. We have accepted the Baclays offer and will go with a later claim as per PJ's opinion, even though Santlie's view is suported by the FSA.They state in the Direction to the Banks;Senario 4 -offer on table but not accepted '------ it is unlikely you would be awarded a further sum even if the test case indicated that you could be entitled to a potentially larger amount'. I would sooner test this in court than simply believe an FSA unlikely .

Similar situation . Three weeks after sending an LBA,Barclays have offered a goodwill 60% of a claim for charges plus 8% interest. Letter was dated 26 July!As proceeding to court will now lead to a stay we wish to accept . However the form has the usual 'full and final settlement' clause. Would this stop a latter claim for the rest when the OFT hopefully wins? If we do a 'without predudice' acceptance letter will the offer be withdrawn ? Any thoughts out there on the ether . P.S. How do you start a thread on this system .

It is at http:\\http://www.zen122856.zen.co.uk/CompoundSheet v1.9.xls Only use the apr calculator part as the spread sheet is for bank charges not credit cards . If going for compond contractual interest , as i am with cap one, use the vampiress number 13 .It's google not excel and works well . This whole CAG site is hard to navigate . Try the 'Can't find what you are looking for ? Here's a complete a-z index' thread . www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html Good Luck

the mindszai interest spread sheet has an apr calculator at the beginning