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bricky

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  1. :? Hi all, I am faced with a challenge, any and all advise is much appreciated. GE took some friends of mine to court on 29/07/2005, at which time a possession order was granted against my friends in favor of GE Money. This order was not to be enforced so long as my friends paid GE the arrears on the account at that time in addition to the monthly installments. Sadly my friends were unable to comply and within 3 months they fell behind again on both payments. GE holds the only charge on the property. GE was on the phone daily and eventually my friends moved out of the house in 05/2006 as they were led to believe by GE that they were going to be repossessed at any moment. My friends put the property up for sale, found a buyer but the sale price was insufficient to clear the charge on the property and thus the sale fell through. Since then my friends have not heard much more about this till it came up in conversation with myself a few weeks ago. As neither of them are to sure how all this works, I spent the evening with them looking at the paperwork which they kept about the house and the next day I phoned GE to find out what is going on and I was promptly told that there were no new developments on file as it's the computer that has not decided to repossess the house yet... I expressed my concern at the fact that the property is vacant and that interest and charges are still being added to the account but GE was having none of it. They can not tell me when or if at all a warrant of execution will be applied for and could not give me any information about the state of the account. I asked what we can do, as there is clearly a situation of negative equity which is getting worst by the month and I was told that a letter will be sent out shortly explaining what the options are. This arrived in this morning's post from GE. " So that we can consider your request to release the Charge on your property, at less than the full repayment figure, we require: 1) Your proposal to repay the shortfall following repayment. 2) Your forwarding address and confirmation if this is rented or purchased. 3) Completion of the enclosed income and expenditure Form, copies of pay slips... 4) Your agreement to us obtaining an independent valuation with your cheque payable for £140.00 5) A proposed completion statement drawn up by your solicitors. In addition to receiving this information, our consent is conditional to no other costs, except those previously agreed by us, being deducted from the proceeds." Signed, GE Money, Litigation department. No name. Is it just me or are these people from another planet? The current arrears now stand at over £10 000, there is an additional £7000 ERC which is increasing monthly. In fact, every month they get an arrears statement and the settlement figure is increasing by over £1000 per month!!! Is it just me or is there grounds for taking GE to court for being in breach of contract for/or failing to comply with the conditions of a court order? I can not for one minute believe that this is in the customers best interest... Looking at the letter sent, what is the point in sending them £140 and all that info? Why should my friends have to proof how they are going to pay back a shortfall largely generated as a result of "the computer"? Surely there is a duty of care on the lenders behalf not to let matters get this far out of hand? The way I see it, and correct me if I'm wrong, my friends should take GE to court for being in breach of contract, claim back all charges and interest added to the account, claim that due to GE being in breach of contract, the ERC should be classed as null and void due to the breach or that it is unjust/unfair term in contract, plus claim all compound interest added to the account from the time when they fell behind following the court judgment in 07/2005. In the T&C of the mortgage, there is a clause about Delay in Enforcement that states: " Our rights under this agreement will not be affected by any delay in enforcing them." I understand that but, how long is a delay? Surely this is another unfair term in contract? There is also no mention of a Warrant of execution either! If we can get the ERC and the arrears taken from the account, there will be just enough to sell the property at the price offered last year, there is no chance of selling at the current settlement figure. I have read on here that people are being advised not to pursue claims against ERC at this time, but as I mentioned in the title, my friends have nothing further to loose if there claim is unsuccessful but a heck of a lot to gain if they win. All they want is to get rid of this now. What should I suggest to my friends? Yet again, thank you for any and all advise. B
  2. Hi Herbie Thank you for taking the time to respond to my enquiry. You raised a few questions and I'll get answers to those and get back to you. Regards B
  3. Hi all I had a call today about Equita and the way they are going about business. I normally deal with secured finance and mortgages so I am in need of some advise, please if anyone could be of assistance, I'd be very greatful. A lady that I'm doing some work for could not afford to make the payment end of last month with this company on her agreement to pay back counsil tax arrears so she called there office and left them a message to this effect and a promise to make this up as soon as she could. She went to there office end of last week to make a payment in person, plus this months installment to bring the account up to date again but with no luck at all. The person on the front desk refused to accept payment, both the late and this months payment and said that her case has now been passed to a baillif and he'll be in contact in due course. She received a call today, and the baillif told her that he will be coming around to collect the entire outstanding amount otherwise he will be taking goods out of the property! He also told her about how he has just taken over a £1000 worth of goods from a lady who lives on her own with her 4 kids so my client better have the money when he comes around, or else... He claims to have a Liability Order and as far as he's concerned, that's all he needs. I have spent some time this evening reading up about debt collectors on this forum and I think the conduct of Equita is questionable.. 1) This lady is a single mother and therefor am I right in thinking that she is classed as a vulneralbe person and as such the cousil/collection company has an additional duty of care when dealing with her case? 2) Can the baillif tell this lady about another case and put pressure on her this way? Psychological harassment? 3) Do they not have to issue a letter giving 7 days of there intention to collect and an explanation of procedure or exlanation of why? 4) If this lady offered to make payment to bring the account up to date, surely Equita has to accept this? Or is this refusal a ploy by them to have more charges and fees put onto the account? 5) The bailif claims to have a "liability order" so he can just come at any time, is this correct? 6)Can they pressurise her into making a full payment seeing as she is already having difficulty in keeping up with the agreement? Many thanks in advance! B
  4. Hi all I had a call today about Equita and the way they are going about business. I normally deal with secured finance and mortgages so I am in need of some advise, please if anyone could be of assistance, I'd be very greatful. A lady that I'm doing some work for could not afford to make the payment end of last month with this company on her agreement to pay back counsil tax arrears so she called there office and left them a message to this effect and a promise to make this up as soon as she could. She went to there office end of last week to make a payment in person, plus this months installment to bring the account up to date again but with no luck at all. The person on the front desk refused to accept payment, both the late and this months payment and said that her case has now been passed to a baillif and he'll be in contact in due course. She received a call today, and the baillif told her that he will be coming around to collect the entire outstanding amount otherwise he will be taking goods out of the property! He also told her about how he has just taken over a £1000 worth of goods from a lady who lives on her own with her 4 kids so my client better have the money when he comes around, or else... He claims to have a Liability Order and as far as he's concerned, that's all he needs. I have spent some time this evening reading up about debt collectors on this forum and I think the conduct of Equita is questionable.. 1) This lady is a single mother and therefor am I right in thinking that she is classed as a vulneralbe person and as such the cousil/collection company has an additional duty of care when dealing with her case? 2) Can the baillif tell this lady about another case and put pressure on her this way? Psychological harassment? 3) Do they not have to issue a letter giving 7 days of there intention to collect and an explanation of procedure or exlanation of why? 4) If this lady offered to make payment to bring the account up to date, surely Equita has to accept this? Or is this refusal a ploy by them to have more charges and fees put onto the account? 5) The bailif claims to have a "liability order" so he can just come at any time, is this correct? 6)Can they pressurise her into making a full payment seeing as she is already having difficulty in keeping up with the agreement? Many thanks in advance! B
  5. Hi Lyn and Nicho, Apologies for the "timely" reply, I'm snowed under. Friday did not go according to plan, well sort of... Here's why. We got to the hearing and as I walked in the judge asked me what I was doing there and as I started explaining, he just stopped me dead in my tracks. He accepted my presence as a McKenzie Friend but would not allow me to address the court as I was hoping he would allow me to do. As this debate proceeded, one of my clients stood up and stormed out of the room swearing about how he can't cope and to be honest with you, I was prepared for this and in a way, this did me a favour. I asked my client to get proof from the NHS that he is depressed and receiving treatment, so I presented the letters to the judge via my other client and the judge thankfully took pitty on them. The rep from the lender did not have certain facts or figures at hand that the judge requested so the hearing has been posponed for 28 days, while they get there house in order. Jugde wanted to see the policy document for PPI, value of property and a list of all costs and charges applied to the account to date, not just arrears. In the meantime I am sending off more letters to the lender telling them how dissapointed both me and my clients are at the poor preparation of the representative and demand from them an explanation for this. It all adds weight to my case so I suppose we will see at the next hearing how things progress. I was going to ask for 56 days to make arrangements to buy the house from my clients but in a way, this posponement has done this because even if the judge gives a possession order there and then at next hearing, I would have had my 56 days in anyway. I will also make them another offer for full and final settlement and hopefully things may progress forward from there. Key things: 1)we have more time. 2)preparation and attention to detail on our side paid off!! Remeber to persevere!!! How are you folks getting on? Regards B
  6. Don't be fooled by there counsellor's, they are just seeing you to get money out of you. That's all. I would write of to GE in the form of a complaint asking how they justify A) Sending someone around who tells you to stop making payments on your other commitments? Could GE explain if this may have a negative impact on your credit rating and if so, how can this be suggested as it is clearly not in your best interest? B) What qualification, if any, this counsellor has? You are merely asking as you need to justify the cost to yourself? That and the fact that the advise/counselling offered really didn't go far at all has it? I Have found in the past and even on present cases, if you are prepared to make any payment to the lender, even a token payment, if stands in your favour if they threaten you with court action again... Keep fighting!!
  7. Hi Sam, I read this thread with interest andwas wondering if your still in court tmrw(2/3/07)? If so, good luck and keep us posted!! B
  8. Hi folks, I am in court on Friday... LMC is seeking possession of a friend of mine's house!! I am inclined to agree with all of you that have experienced difficulties when dealing with these people. Pond life spring to mind by hey - that's just my opinion. Best thing I have found when dealing with these people is to keep your cool. How? What I always do is to write out what questions I have for them on a few bits of paper before making the call and that way, I do not allow these people - and I'm using the term very loosely here - these people to sidetrack me or to get to me. Go through the few bits of paper on your desk and make notes on the bottom of each as to what the outcome of your question was. If they try to change the subject or say they don't know, ask to speak to there superior or offer to fax over a request for information but don't get into an argument with them. It's better to take a deep breath and to say, " I'm sorry, I think you missunderstood me" and to read out your question on the bit of paper again! I also find it is better to ask them a combination of both open and closed questions. That way you can easily determine if you are talking to someone with more than a peapod between the ears or if it's another one of the mushrooms. Mushroom - someone that's kept in the dark and fed bull**** all day...lol Too show them that you are better than them, do not raise your tone of voice. They feed on annoying you because it's the only bit of excitement in an otherwise dull day... Percevere people, it's worth it!!
  9. Hi Rooster, Looking forward to contributing, if I can... I am currently having a fight with GE Money on behalf of a friend of mine, it's for mortgage arrears that has led to a repossesion order but no warrant of execution yet. Bearing in mind this was in May 2006!!!! What is the matter with these people!! My friends have tried selling the house but due to a shortfall to redeem, GE would not release so sale fell through. 6 months later and my friends haven't heard anything further. Do you think I can get GE to do something about this? All they keep saying is that the "computer hasn't decided to go for warrant of execution yet" I am now reading up on this site about taking action on their behalf to see if we can get things going! I'll keep in touch B
  10. Hallo everybody, What a nice site... I stumbled upon you earlier today whilst looking up some infirmation on the tinternet and I have to say---GOOD ON YOU!!! I hate banks I believe that most of the secured lender's practises in this country are disgusting!!! Still can't make up my mind whether it's arrogance or incompetence, the symptoms can be so similar... Anyway, thought I'd say hi, at this moment I'm not gunning my bank for charges but don't mind putting in my 2 pence worth, and I can see that there are a number of very knowledgable people on here so no doubt I'll be firing a few questions in the near future. Amongst other things, I am involved in trying to help people find solutions when threatened by repossesion. Luckely my experience in mortgages do help when communicating with "customer services" aka pond life, at some lenders.
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