Thank you so much Ell-enn. I'll get this down to the court first thing in the morning. I'll post up the outcome. All the best

Thanks Ell-Enn Nearly there I guess

Hi Ell-Enn Have just sent budget sheet to you Thanks

Hi Ell-Enn Thank you for your time on this. Will PM you another e-mail address when I have finished this post. With regard to my new position, I have e-mail correspondence saying that they are looking forward to having me on board. This will be a self employed position that I can fot around my regular job and will certainly increase the income. With my regular job I am classed as self employed but I have an agence agreement which makes it more formal than just a standard self employed thing. I get regular work from the company and thankfully the work has increased and so has the income. Would I be wise to pay the instalment plus my suggested extra on 31st March or should I wait and let the Judge decide what happens? Do you think this is a case which will be looked on favourably by the Judge.....I just can't lose our home! Thanks again for your help.

Hi there Thank you for your support dehowletts. Hope everything turns out alright for you as well. This is driving me nuts. Hi Ell-Enn Thank you for your help, I didn't get the e-mail reply to the budget sheet I e-mailed to you but have read through the statement you have kindly drafted for me. Just a couple of things.....do I need to mention that my wife's self employment ceased at the end last year due to a £3k bad debt. Seeing what the implication may have been, she immediately took on a full time employed position which would ensure regular income? Also, do I need to mention that I have secured a second position starting at the end of April/beginning of May which will supplement my income as well? Do I mention that we can make our first proposed payment of instalment + £200 on 31st March i.e. Thursday this week. Finally, what are my chances of being successful with this application....I really want to get an idea of whether the judge will look favoutrably on it? I propose to get this down to the court Tuesday morning as soon as they open. Thank you for all your help.

Hi Ell-enn Have sent budget sheet to you. Is it OK? What do I do next? I only have one week left until it all ends. Thank you

Thanks Nevos I'll keep the forum updated with the progress

OK thank you Silverfox..will do

Hi I'd like to get going with this SAR but could you point me in the direction of the correct letter template to use in this case. There are a few on the site and I don't know which one is appropriate. Also, I am doing this to my current lender and I have read that this could cause problems in the future if I get into difficulty again. Does this really matter as the courts appear to be behind you if what you are requesting is reasonable and equitable? I feel that these companies should be coughing up unlawful charges. Thanks

Thanks Bankfodder I'm off to do the reading as you suggest and to get the SAR prepared

Hi All I am currently getting help with Repo action in the Repo forum and am now starting in this forum to get some assistance with claiming back my arrears charges. I think CAG is excellent as there are so many people who don't know what their rights are. Having read the board extensively and made a start in using it, I feel empowered to take on these "big Guns". So, I am going after GE for the charges etc on the arrears of my mortgage which is now being sorted out. Can I just check a couple of things please.... First, my starting point should be to send a SAR to GE with the appopriate postal order for £10 and see what comes back. Second, go through the information they provide together with my statements etc to establish the exact amount of charges etc. Third, use the templates available on this site (amended appropriately for my circumstances) to file the claim at court. Fourth, attend the hearing, put arguements and see what the Judge says. Just a couple of points to clarify if I may. 1 - Is it just the charges (e.g. £25 DD Failure, £40 Admin etc) which can be claimed back or does the extra interest added to the account form part of the claim as well? 2 - I gather that I can ask for interest at, I believe 8% on top of the amount claimed? If so, what is the easiest way of calculating the interest? the interest due on a £40 charge from, say 4 years ago is a lot more than the interest on a £40 charge from 1 year ago. 3 - I have seen mention of restitutional damages being claimed. Is this another term for the interest or is it a completely different item? If the latter, how is this calculated please? In some strange way I'm looking forward to taking them on (I don't know why or maybe I shouldn't be looking forward to it). Is this what empowerment feels like? Thanks in advance for any answers you can give me and I will post the progress of my claim for others to follow. Kind regards to all

Hi there I have e-mailed the budget sheet to you. Thank you

I also have a question about the charges on the account. I have read elsewhere in the forums about claiming these charges back. Is this an option in this case and is it something to be brought to the judge's attention that there may be unfair/unlawful charges included here. Thanks

Hi I have receive a letter this morning from the mortgage company saying that to avoid the eviction I must pay them £28,350 which is the arears plus the costs. The letter asks me to call them to discuss my intentions. If I had £28k I wouldn't be in this position anyway. I can make them an offer of usual instalments plus extras based on my budget statement but having spoken to them on the phone about this already, they are not interested and want to proceed with the eviction. Strange though that the last telephone conversation I had with them they said they would accept £18k and now have upped it to £28k. (Still don't have £18k stashed away). What to do now please? Thank you

Hi Ell-enn I have completed a draft of the budget sheet. Can I get it reviewed and an opinion. Do I post it here or send it to you by PM? Thanks

Hi Yes the mortgage is in joint names. Budget sheet will be done by the morning.

Hi Ell-En Thank you so much for helping me out with this. It is difficult to say how many months are in arrears as this has been going on for some time.....a suspended possession order was granted about 5 years ago. Since then we have reached various agreements with the company but always felt bullied into agreeing something we perhaps could not maintain. Consequently the payments have been erratic. It may be of interest that the arrears balance peaked at about £23,000 and was actually coming down before they took this eviction step. The Company is GE Money. The latest statement is dated 7 March and shows what they call a totl arrears balance of £21,263. Their detailed sheet has a column called "arrears" and the figure appearing there at the end os the £21,263. Below that column they have said that Interest Bearing charges are £3,479 and Additional interest is £4,151 and then "Payments made against these charges and additional interest" £584. Do you want to know the original advance amount? There is equity on the property of approximately £85,000 Please let me know what other information you need Many Thanks again

Hi I have received an eviction notice for 4 April and I really need some help in completion of the Budeget Sheet and form N244. My wife is employed and I am a sales agent although my income has now steadied after a very tough period and a chequered history with paying the mortgage. We are now in a position where we can easily afford the monthly payment and some towards the arrears and although I have tried to talk to the mortgage company and get them to accept an offer based on our improved circumstances they say that they would want a substantial lump sum before they would consider a payment plan and that from their point of view they will be continuing with the eviction. If I had a substantial lump sum, I wouldn't be in this position at all. I have in the past asked them the structure the arrears such that they are paid off over the remaining period of the mortgage (220 months) but they are not interested. I am also confused as to the arrears amount as opposed to charges as I don't fully understand what is classed as arrears and what are charges on their statement balance. I am really worried because a have a 16 year old child here as well. I am also due to start a new job at the end of April which will also boost the family income further. I am finding it very difficult to sleep due to the worry of all this and want to get some sanity back in my life and, of course, retain my family home. I really need some help and advice and I am able to either post here or PM documents if anyone can help me out with the process as I don't want to go blundering in and make things worse. Please, please help if you can. Thank you

Thank you very much for taking the time to reply Killerschick. This is encouraging. I guess it is the case that Judges don't want to make people homeless unless they absolutely have to...is this correct? I find it difficult when talking to the mortgage company, presumably because they will try to intimidate (if that's the right word) the borrower into believing that all doors are closed but I guess they are as bound by a Judge's decision as anyone else. I will start work in the income and expenditure statement so that I am prepared for when the notification drops on the doormat. Hopefully someone can help me with the statement of explanation and proposal to put to the court as there could be anumber of options made with regard to an offer. Thank you

Further to my post yesterday, I have now had a good read of the forum and am feeling more optimistic about saving our home. No date for the bailiff visit has come through yet but I guess it will arrive shortly and I would like then to get some help with the procedure and information I will need to present with the N244 and at the hearing. A question that I do have though is with regard to charges and extra interest on the account. I have read a lot on the forum about fees, charges and extra interest that may be reclaimable. The thought crosses my mind that any refund of these could be used to reduce the arrears balance. Am I right? What should I be looking out for to establish whether fees and extra interest are correctly applied by GE Money. Simply put, What can they charge for an what can they not charge for? Thank you for your help and I hope someone will be able to help me in detail when the dreaded date comes through. ims21.....worried but optimistic!

I wonder of someone can help me. We fell into arrears with our mortgage and some 5 years ago a suspended repossession order was issued. Since then the arrears increased and then strarted to come down. They now stand at £20,500 having peaked at about the £23,00 mark. The arrears bult up due to reduced income from my self employment. on 16 February GE advised that they had applied for repossession and I have spoken to them twice to make an offer to come to an arrangement to stay in our home. The finances are improving with my wife now employed from 4 January and being paid monthly on a regular basis having suffered a bad debt of nearly £3,000 at the end of last year. My self employed income is also now on the increase. I am in a position to make regular payments over and above the normal monthly amount and to get a lump sum payment of £5,000 together by mid to end March. I have spoken to GE and made this offer to them but they say that they would want no less then £18,000 reduction to stop the proceeding. I know that I am able to file a form N244 when I get the eviction date from the court and I will do this and present evidence that we can now move forward to paying extras over and above the normal monthly amount. Are the chances good that the Judge will look favourably on our proposals? Would we actually need to pay a lump sum or would the judge look favourably on a monthly payment + an agreed amount. As a family man with a daughter currently doing her A levels and with no other home to go to we would be absolutely stuck. What are the success rates of people staying in their homes when things reach these late stages? Any help or advice would be appreciated. Thank you