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BarryWat

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About BarryWat

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  1. Don't know if anyone is still following this saga, having rejected their last offer made at the very last minute, we are due in court on Friday 7th October for a directions hearing, unless they come up with a satisfactory offer before then. They even had the cheek to say that I should have been making an offer to them to settle. I continue to ask them for a detailed breakdown of how they have calculated the interest to no avail. Will be asking the court to order full disclosure. The house has now been sold, so I am now in the unfortunate position of trying to get the charges, fees, additional interest etc back. Plus they've just whacked another £4k+ solicitors charges on as well.
  2. Yes I know what the figures are, did a SAR, been trying for the last 12 months since I paid off the mortgage to get them to provide a breakdown of how they arrived at various interest figures so I know what they have been charged on. And more to the point, what they are still charging interest on now.
  3. Further update, After a week of chasing Eversheds I have this evening received an offer from Kensington. They are now really taking the you know what. It is virtually word for word identical to the one they made under the guise of GE Money back on April 13th, save for a miniscule increase in the offer. I can't beleive that they would send out something so insulting to my inteligence and think that it would be acceptable, when I rejected the previous offer and demanded that they explain how they have arrived at the figures they say I still owe them.
  4. Hi all, Latest update to this sorry saga. There was confusion over the length of stay granted by the court, as it was 2 months as they originally requested and not 1 as the amended note from the court suggested. All completely irrelevant as they did absolutely nothing in that 2 months, no offer, no communication, zero. The only thing that happened during the period was that they sold on the alleged debt to Kensington, this happened before they requested the extra stay of 2 months. Having chased Eversheds several times, they claimed to be waiting for instructions from GE, they finally responded on Friday asking for me to agree to yet another stay of 2 months as the alleged debt now belongs to Kensington and not GE and they need time to consider an offer to settle. Time to put a stop to all their delaying tactics, as I see it, they have deliberately wasted 2 months of mine and the courts time with a stay, when they had no intention of making a further offer. I will be rejecting their request for a further stay and writing to the court by the deadline of the 5th of August explaining why I am not prepared to put up with their tactics any longer. In the meantime I have the added complication of having accepted an offer on the property and am waiting for a date for exchange and completion. So unless they come up with a suitable offer before that happens I will probably have to pay what they claim to get the deeds released and then pursue them to recover it.
  5. Hi All, Update to this saga. Had initial possesion hearing which was suspended for a month, at second hearing I filed counterclaim. Received notice that case was assigned to fast track. Had the expected estimate of costs from GE's solicitors at around £25k, obviously an attempt to scare me. Filed my copy of questionaire to court etc. They asked for a stay of proceedings for a month which I was advised to agree to. Subsequently they made an offer to settle, offering to remove the fees only. I rejected this asking for the interest charged on the fees to be removed as well. Second months stay has now expired so am waiting to see if they improve their offer.
  6. Well done, given me more hope, may I ask a question? Did the figure you were claiming include interest charged on the fees or just the fees. I had an offer from them to wipe just the fees, which I rejected asking for the interest to be removed as well. We're just at the end of the second stay, with a date of 8th July to inform the court if settlement has been agreed. Not heard anything from them for a while now.
  7. Hi Martin2006, Their response looks remarkably similar to the one I received from them recently, obviously a few differences as your claim varies a bit from mine, but the gist is the same. I'm a bit further on than you as we've had 2 possession hearings (yes they're going for possession based on the charges, mortgage was paid off June 2015) I've filed defence and counterclaim with the help of a friendly solicitor. They first claimed my defence and counterclaim were faulty, they were Ok, it was just them using the wrong defence copy, sent them a draft copy unsigned, filed the correct one through the court. They asked for the case to be stayed for 2 months to give time to reach a solution, which I agreed to. They have now made an initial without prejudice offer to remove the fees and charges from their claim. I rejected this as they were still claiming the rest of the balance which is made up on the whole of interest added to the charges, so basically the ball is back in their court. As several people on here have said, they will wriggle and squirm, just hang in there. Good luck BW
  8. Hi all, have now received court papers for possession of the property together with a defence form. What is my best course of action now? Do I just sit tight and wait for my day in court or file the defence earlier or is it possible to file a counter claim? There is nothing that I can see on the defence form to say it needs to be done earlier. The property is currently up for sale anyway so even if I did not get the charges refunded I would be able to ask the court to wait until a sale goes through, rather than giving them possession. Anyone advice would be greatly appreciated.
  9. Unfortunately a charge for the original mortgage taken out in 2000 is still showing on the register.
  10. Latest update. Received a letter today informing me that they have started possession proceedings, having instructed their solicitors to arrange a date for a court hearing. Am actually in the process of selling the house anyway so will just issue a counter claim once the court papers arrive, at least it will save me the cost of taking them to court.
  11. As far as I'm aware they still hold a charge against it. There was a suspended possession order for past arrears which were paid off before the mortgage ended. Have thought about asking the court to remove this. BW
  12. Have considered that option, might depend how long it takes them. I want to put the house on the market and would rather not have to try to get the charges refunded after they have helped themselves from the sale proceeds. BW
  13. Latest update: Default notice issued dated 26/09/2015 for outstanding balance to be paid in full by 18/10.2015. Goes on to say "Unless you bring your account up to date immediately we may consider taking further action, which could result in issuing you with legal notices for the full balance outstanding on your account . After we have issued you with legal notices your home may be at risk of repossession and any associated costs will be charged to your account." Following my conversation with my account manager a few weeks ago ago, I assume this is what he described as stage 2 of their 3 stage procedure to recover their unfair charges and associated interest. Next few days will be spent preparing court papers to make sure I get my claim in first. BW
  14. Got the expected response to my claim for refund of charges. Dear Mr XXXXXX My understanding of your complaint is: 1. You believe the outstanding balance of your account is made up of fees and charges that are unlawful. 2. You believe that the charges exceed the true cost to GE Money "1. I have reviewed the fees and additional interest applied to your account since August 2009. I should explain that all fees and charges on your account that were applied more than six years ago are subject to a time bar under the Limitations Act 1980. The act states that : An action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action occured. Having reviewed your account since August 2009, I have found that the fees and additional interest have been applied correctly to your account and according to your signed Credit Agreement and Mortgage Deed. Copies enclosed. Our fees and charges have prviously been submitted to the Financial Conduct Authority. So, I am unable to uphold this part of your complaint. 2. Our fees and charges are a fair and true reflection of the works carried out. When it becomes necessary to instruct a third party, for example when legal action is taken, to carry out work in connection with your account, their fees are invoiced to GE Money. These fees are paid by GE Money and then applied to your account. Should you wish to reeview any third party invoices for works carried out for your account, you can request a Subject Access Request. A Subject Access Request should be requested in writing and sent to GE Money together with the fee of £10.00. Based on the above I am unable to uphold this part of your complaint. Therefore I am unable to uphold your complaint." Letter goes on to say that it is important to contact them as soon as possible and also that I should seek independant financial advice. Advises me that this is their final response and complaint now closed. Final paragraph says "The fees and charges were applied to your account before 1st April 2014." What is the significance of this date? Goes on to say I can refer my complaint to CAB within 6 months (expires 28th Feb 2016. "Please note that your complaint falls outside the jurisdiction of the Financial Ombudsman Service because your mortgage was not regulated under the consumer credit act I enclose a copy of your credit agreement to evidence this." Guess my only option now is to lay out the court fee and hope they settle that way. If any one can give me any advice on how to word the claim it will be greatly appreciated. Regards BW
  15. Finally got some time to sort out the court claim, can any one help with the wording of the POC? I was looking at the one used by jmd1307 posted on 10th June as a basis but not sure as mine is a mortgage. Also trying to work out which spreadsheet to use the calculate claim amount. Regards BW
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