GE Money Mortgage and repossession

[The Analyst]

Interesting. I'd just assumed that it was necessary to use the forms provided by the Court and if you didn't it would be a problem. You learn so much from this forum!

What about the Statement of Truth signature? Will the Court accept the evidence without my wife signing it?

 

The Analyst

[Ell-enn]

Yes, you have explained your wife's mental health situation so as long as you sign it you should be OK.

[sillygirl1]

Have you thought about getting your local MP involved, I am sure they should be able to hammer GE and get the insurance company to pay out faster....

[The Analyst]

sillygirl1,

 

It's an idea but I don't think we have enough time prior to 26th Jan.

[The Analyst]

Ell-enn (and anyone else who would like to comment),

 

Please find attached to this post my defence statement and Income and Expenditure as they stand at the moment. Please look through them and give me your honest answers as to their content. I'd like to get them in the post on Friday so we don't have much more time to get them right.

 

The Analyst

Money4_update.xls

Court2011_updatecab.doc

Edited January 11, 2011 by The Analyst

[Ell-enn]

Given the length of your statement I suggest you put the Claim number on the top of each page, and also number the pages so if they became detached from each other the court would know which case it is.

 

Also, you say you want to put it in the post - it would be best if you could hand it in to the court in person. Otherwise it will need to be sent special delivery - I wouldn't trust the normal post and you want to be sure it is received.

[The Analyst]

OK, will do all that.

Other than the length of the statement (I'm fighting for my house and my wife's life here so I'm going to put down everything I can think of that might help our case) is there anything in it that, in your experience, should not be included or could be a problem.

Also your comments on the I&E. This is based on one provided by CAB some years ago and has been modified by me to be even more detailed than the original.

Edited January 12, 2011 by The Analyst
Additional text added.

[Ell-enn]

Hi there, the budget sheet is fine - it's the one we use on this forum.

 

While I appreciate your reason for the length of the statment - the only thing I would say is that, given there is only usually around 10 minutes allocated for these hearings, I'm concerned that the judge will not have the time (or the inclination) to read it all. However, as I said - I do understand why you feel the need to go into such detail.

[The Analyst]

UPDATE.

 

In Court yesterday morning, and with the wife as well in her wheelchair; there was no way she was going to let me go through it on my own.

It could not have gone much better; the DJ totally 'got' our situation and had obviously read our 5 page statement and all the medical evidence. There was no way GEM was going to get the house despite their Solicitor constantly requesting an outright possession order due to the length of time the arrears have been outstanding.

The DJ adjourned the case for three months with no right of appeal. That gives us time for either the interim payment to be processed or the compensation claim to get to Court in Scotland.

My only worry was the fact that we have horses might get picked up by GEM - and it was. Again, the DJ totally understood that the horses are my wife's daily mental therapy and he refused to discuss it and that was the end of that.

A big stress over for both myself and, especially, the wife.

Again, a BIG thank you to all, especially Ell-enn, for your help - 'Failure to prepare is preparing to fail'.

 

The Analyst

[Ell-enn]

Excellent! well done both of you for being so brave - I love it when you get a judge with his head screwed on

[sillygirl1]

I think that judges are becoming wise to the almost immediate use of 'outright possession orders' by mortgage companies who clearly had no intention of keeping the mortgage for its life of 25 years, very well done for showing up GEM for what they are.

 

I bet the GEM's solicitor was chomping at the bit on the way home!

[The Analyst]

To be fair GEM's Solicitor did apologise and said it was nothing personal and he was just doing as he'd been directed to by his client and he wished us well on the way out.

He wasn't helped by the fact that the Court service had failed to send GEM's lawyers copies of our defence papers!

What he did have though was transcripts of the few telephone conversations I had with GEM's Litigation Department whilst I was attempting to come to an agreement prior to the hearing. That just proves that any communication with these companies should always be by letter wherever possible; your telephone conversations might be used as evidence in any consequent Court hearing.

 

The Analyst

[jacqui_o]

Well done and ma very pleased to hear how well you did........... there is no doubt this site and those who offer advice are worth they're weight in gold. to say the very least...

 

well done:)