Ge Money mortgage charges reclaiming help

[gaz2006]

Hope you can help me

At present mtge with GE Money horrible people to deal with .

Received letter from court saying they are after Possession order due to £2950 in arrears

Since their statement have paid £850 so alleged arrears is £2550 ie payments £650 plus £200 off arrears pm

I was on repayment payments £1150 per month got £2750 in arrears ie less than 3 payments they said to switch to interest only for a period and agreed to accept reductions of £200 in arrears and payment ie £650 making £850 pm . When they wrote to me debt was £2750 in March so payments plus 3 reductions would be £2150 ie March April May payment

I made March paymnet and sent off cheque for £850 in Appril recorded delivery as always . Started to get nasty letters phoned up and was told cheque for april not received . Checked with post office was delivered then phoned again and was told chaeq sent back to me as they couldnt read date . i have copy I can read date . Asked to speak to manager no one called back . Phoned again was told tha if £850 paid that day possession order woudl be stopped . i couldnt pay at that time offered as I had spent the money offered to pay over 2 months refused . I now have £850 April payment May already paid that will take debt to £2350 arrears why its above agreed amount I think is more charges added . This will eman dont have June payment due £850 June 9 2007 but they are saying they want all arrears cleared which is not reasonable or possible .

Before they issued possession order have been having a go at charges on my account ie £40 admin each month etc this amounts to £770 also have ERC when I moved from i group to i group ie borrowing more money they then changed to GE Money as you probably know . As they only offeered £200 put in claim for £770 but ERC for £2100 as was not moving away from lender . I also note £500 broker fee and lenders application fee £500 seems steep but didnt claim that and note Purple loans was broker guess whoo they are owned by yes I group can I try to claim that back too ?

Have written several letters have faxed receipts they dont answer and dont call back awful to deal with any help on this matter on these areas would be helpful .

1 ERC claim

2 Charge Claim

3 Possession order can I ask for strike as I was disputing my charges before they did it and got my claim in before theirs ?

4 Can I use them not answering my questions or answeing my offers ?

4 What about Broker Purple loan fee whan it is same company and application fee

 

Guidance please Im doing my best but GE want to screw me into the ground

Regards Gaz

[shal12]

hi gaz, Sorry I cannot advise you on this but I can relate to the situation you are in with these rip offs!! we have a re-morg with these and we are just starting to get the ball rolling to claim these charges back. Only been with them for about 2 years and the charges they have added to our mortgage are just pathetic. They took us to court in january for repossession, we are now paying extra on our monthly payments for the arrears. so stressful every month trying to make payments! We really have to get out of this mortgage soon as we can, you probably will agree with me on that!!! One thing I can say is just be aware that you may be charged for debt counselling because arrears have occured, we were charged for this even though we did not have any counselling at all, this fee is £47.00 just another charge you could do without. good luck !

[gaz2006]

Thanks for reply yes GE are terrible to deal with hope someone can help me !!

[gaz2006]

I have started claim against GE regarding £700 in £40 charges since then now £1200 but will go for the rest afterwards they are swines tried to get possession and have added legal fees every month until I got arrears up to date thats another story . I am also trying to get ERC charge back of 3 months interest on £90000 when I borrowed mroe money I was advised to change from GE to GE ie just borrowed more so didnt leave them but still had ERC Early Repayment Charge if i had done additional advance which I originally applied for I wouldnt have had ERC . Anyway so my claim is for £2700 in total £700 in charges and the rest in ERC . GE applied to get struck out as say have no "not party to Mortgage agreement (as it was in different name ie GE keep changing the name I can sort that but what i dont understand is

Claim to have struck out under CPR 3.4 (2) alternatively summary judgement entered in favour of defendent under CPR 24.2

Alternatively striuck out under CPR 3.4(2) OR CPR 24.2

Also claimant to pay defendents costs

Saying my claim including ERC has no basis to bring claim no reasonable prospect of success .

They are also quoting CPR 24.5(1)

Im completely lost help ....

I realise ERC will be struggle buut they have ignored offers letters been b******* and woudl dearly like to win both parts need advice

[zootscoot]

Unfortunately ERC claims are no goers. A precedent was set in Smith v Mortgage Express against such claims in Feb of this year. As your claim is small claims court you shouldn't get costs awarded against you unless they invoke a legal indemnity clause or they persuade the judge that you have acted unreasonably in pursuing the claim.

 

It may be safer to withdraw the ERC claim on condition that they pay out the late payment fees and do not pursue costs.

 

Sorry to be the bearer of bad news

 

Zoot

[gaz2006]

Unfortunately ERC claims are no goers. A precedent was set in Smith v Mortgage Express against such claims in Feb of this year. As your claim is small claims court you shouldn't get costs awarded against you unless they invoke a legal indemnity clause or they persuade the judge that you have acted unreasonably in pursuing the claim.

 

It may be safer to withdraw the ERC claim on condition that they pay out the late payment fees and do not pursue costs.

 

Sorry to be the bearer of bad news

 

Zoot

 

Thanks Zoot it hasnt been allocated yet its just a hearing to decide on strike out proposals from Ge so what would you do as they also ask for in strike out costs of £2000 approx . Can I abaandon whole case if i do then am I liable fo rthe £2000 costs as I have withdrawn my case . Do I write and say Ill withdraw ERC claim if they pay other charges and they withdraw their fees or do I go to hearing see if its struck out and see whether judge will put to Small Claims or other route if he does small claim they cant claim can they ? They didnt mention indemnity clause in strike out claim just said asking for costs . Does me not switching companies ie GE from Ge have no bearing on strength of my case for Erc then ? Thanks Zoot in anticipation Regards Gaz

[zootscoot]

If its not yet been allocated you do not have the protection of the costs rule on small claims track. Its not wise to abandon the whole claim as the charges part is valid and will put you in a stronger negotiating position for withdrawing on a no costs basis. GE are unlikely to want to go to court to fight the charges whereas they would be willing to go to court to strike out the ERC. The switching of companies will not strengthen your case on ERC.

 

Best wishes

 

Zoot

[Worrywart]

I have recently settled two secured loans with GE Money, the smaller of the two i was charged one months interest as ERC the second larger loan I was charged six months interest (£2000) as an ERC, surely this charge is unfair. I phoned them and asked about it but was told that the loans had different clauses. Something is not right here, maybe I should have read the small print. Can you help, suely six months interest is excessive and unfair?????

[gaz2006]

If its not yet been allocated you do not have the protection of the costs rule on small claims track. Its not wise to abandon the whole claim as the charges part is valid and will put you in a stronger negotiating position for withdrawing on a no costs basis. GE are unlikely to want to go to court to fight the charges whereas they would be willing to go to court to strike out the ERC. The switching of companies will not strengthen your case on ERC.

 

Best wishes

 

Zoot

 

Hi Just to say case next week now settled cant go into details but am reasonably happy and now can concentratedon the other banks and credit cards thanks for all the good advice Regards Gaz

[zootscoot]

Congratulations

[gaz2006]

Congratulations

 

cheers Zoot regards Gaz