Repossession Hearing Help

[mazj28]

Hi

 

Please can anyone help, I have been having a read of some of the threads and need some advice. We have a court hearing on Thursday for repossession, it was orginally in September but we managed to pay off a lot of the arrears on the mortgage and so GE Money asked for it to be adjourned. We have been struggling with money the last couple of years as I was on maternity leave and then could only return to work part time, im now about to up my hours at work as my daughter starts nursery in two weeks and Ive applied for the supervisors position at work and got it meaning my wages are going up quite a bit so we can now afford to start paying extra to clear the arrears.

We missed another mortgage payment so GE decided to take us back to court and this is why we have the hearing on Thursday, if anyone could advise us on what we need to take etc as obviously we don't want to loose our home, I was going to ring GE in the morning and explain that im starting work full time again in a couple of weeks and make an arrangment with them but we have tried this before and they wouldn't accept ours and wanted more than we could afford, which meant if we paid this one month we fell behind the next month as we were getting behind with other bills to try and pay the extra to GE.

Our arrears are £2400 and I am going to offer £100 extra on top of our monthly payment as we will be able to afford this as of next month, meaning the arrears will be cleared in 24mths but when we tried to make an arrangement the last time they would only accept an arrangement to clear the arrears in 18mths nothing more, if anyone has any advice

 

Thanks:confused:

[sillygirl1]

DONT ring GE, all you will get is "Its down to the judge on the day of the hearing". Write everything out and take it to the court and hand it to the Judge, with a small child you should be classed as 'vulnerable'.

 

As soon as you have your arrears paid off ask for a Notice of Discontinuance, this means that GE need to start from the beginning again and can't just go back to the court as they have done now. Don't let them fob you off with 'it will stay for six years', that refers to your credit reference records....

 

Somebody else will be along soon with more advice.

[patrickq1]

dont worry too much about the court hearing you only need explain in detail the full story as to what you have written and beleive me a judge will be more than sympathetic,and since you have tried to be more than reasonable i would nt offer anymore than 25.00 more to make up for the missed payment this you will find will be accepted by a judge who will see that GE are acting unreasonably ,but in the meantime i will try to get one of the mods to help you through what you need to do before the court date but please dont worry too much

patrickq1

[patrickq1]

hi silly lol

patrickq1

[mazj28]

Ok Thanks

[Goldlady]

And once you get back on your feet you need to get those £40 charges reclaimed. I have a claim for approx 2k against GE - they offered me £1k within four days of the claim being issued - and I refused. After the hell GE put me through I want the whole lot.

 

Best of luck. As I am sure you know the courts will not even consider repossession if you can clear the arrears - they can even extend them over the whole remaining term of the loan.

[mazj28]

Ok the charges on our account are just under £2000, but I will claim those back once we get all of this sorted, last time I rang them they said we needed to start to pay the charges off once we had cleared the arrears as we are getting charged around an extra £20 a month interest on top of our payment because of these. We have a couple of other claims in against Welcome Finance and HFC Bank and were hoping that they would have paid up by now so that we could clear the arrears and not have to go to court!!

[Bona]

Youll be fine have you put in a defence to the repossesion order

[mazj28]

Yes we put in a defence but this was back in September when we were origianlly supposed to have a hearing, this time around we did not get sent any papers to fill in just the date and time and that it had been restored. Obviously our circumstances have changed a lot since then aswell.

[sillygirl1]

Contact the court and let them know you need to enter an amended defence, that might get you more time, don't let GE Money walk over you. You might be able to get help from the CAB as well.....

[Ell-enn]

Hi Mazj28, we can write a Statement for you to take to the court before Thursday explaining your circumstances. I can give you the right words just let me know when you are ready.

 

Kind Regards

 

Ell-enn

[patrickq1]

thanks ell good to see you on board now they will get the best advice

patrickq1

[mazj28]

Hi Ell-en

ok that would be great thanks, i am ready anytime im off work the next few days so will be on and off computer all day so just when is best for you. Again thanks everyone for the help

[mazj28]

A big big thanks to everyone for their advice especially Ell-en for helping me with statement, judge was really nice was so nervous GE tried to go for repossession with 28days eviction, but the judge said as we had shown we could clear arrears he would suspend possession provided we make our extra payments of £100 each mth until arrears are cleared, so glad its over we are going to pay every spare penny we have to try and clear the arrears sooner if we can. Again a big thankyou 2 everyone

[Ell-enn]

That's fantastic news - I've been thinking about you today, although I was sure it would work out. Hopefully you will be able to relax now.

 

I wish you the very best for the future.

 

Kind Regards

 

Ell-enn

[patrickq1]

yes good news so pleased for you now you can sleep for the first time worry and stress free,no doubt within a day or so you will wonder why you have felt so much stress,when had you known some people on here could have helped sooner rather than later ,so now you are free have a good night on the beer lol drinks all round cheers from me and thanks to ell who has been wonderful and a blessing in disguise

patrickq1

[mazj28]

Yes had the best nights sleep ive had in ages, still can't believe how nice the judge was I don't know quite what I was expecting, thanks to Ell-ens statement I didn't have 2 say a word or explain anything, he just asked GE for their figures and what he thought of the statement but their solicitor said due to our payment history and the fact we hadn't stuck to the previous arrangement (when we were forced into agreeing more as GE had said the most amount of time to clear arrears we could have was 18mths) they wanted possession, so I was all ready to put my point across when the judge said he would give a suspended possession and explained what it meant, thanks to this site I understood everything as I would have panicked if I didn't know what suspended possession meant. When we came out the solicitor asked for a few minutes as I hadn't seen him b4 (coz he was late) he asked about the statement I had given to judge so I gave him a copy and was on my way. The day b4 when I went to hand statement in I was in tears when I left, so I was dreading yesterday but I left feeling over the moon. I can now concentrate on going back to work in a week and also getting some bank charges back to help clear of the arrears, as soon as we are sorted we will be making donation to the site, coz it and every1 has helped us so much!

[patrickq1]

good for you maz its a good feeling that you can now restore your pride somewhat and be able to relax no more family arguements through stress no more snappin at anyone and everyone,this will change your life so now you need to be on top of it all and get your life back as you are now in control and if you get pressure from the banks etc you know excactly where to turn for that help this also includes finance/health and benefit questions so dont be afraid to ask on site

patrickq1

[mazj28]

Hi Everyone

 

Please can someone give us some advice, we have received a letter from GE this morning dated the 21st April 2008, it states thankyou for contacting us (which we haven't)

 

It then goes on to say that unfortunately your offer of payment is insufficient to service your account satisfactorily, we require you to make an increased offer of payment. If suitable increased monthly payments can be agreed, we will still be prepared to request a suspended possession order at the forthcoming hearing. if payments cannot be agreed, we will request an absolute possession order enforceable in 28 days. When this order becomes enforceable, we will be able to request a Baliff's apppointment. Please give this matter your immediate attention and we look forward to receiving your increased proposals.

 

I have rang them and asked why this was sent when we alreay have had court hearing on the 10th and the judge ordered a suspended possession in that we pay £100 extra on top of our monthly payments, and that our first payment is due 1st May, and they have said that this letter must have been sent out in error and to disregard it, we are just a bit worried now they can't ask for another hearing for us to up our payments can they? We haven't received anything from the court with regards to another hearing just letters confirming that I attended hearing on 10th and that possession was suspended on the the above grounds. Does anyone think this is an error or are GE upto something?

Thanks Maz

[Bona]

They have got their knickers in a twist I would send back a recorded delivery letter refering to your convesation telling them you want confirmation that this was an error and £100 credited to your account for agrivation ect otherwise you will report them to the FSA for harresment

 

As long as you pay the court order they cant touch you

[Ell-enn]

Agree with Bona:)

[patrickq1]

i would tend to agree but really it is now is the time to SAR GE and get the full figures of charges and get this straight back to the court to reclaim these charges but wait till the judgement tommorrow before you do this but you do need to SAR ge , it seems some of the facts are missing such as the penalty charges and excess intrest charges is it possible you can send us the figures cause i beleive you have a further claim against them, since they were not prepared to let sleeping dogs lie now is the time for you to be insisting the removal of the excess charges and then it should reduce your bill also it seems they are going against the judges decision which hopefully will not look to favourable for them if this came before the judge who i am sure would be quite keen to show them that their attitude stinks

patrickq1

[mazj28]

Ok well I will get a letter sent off firstly asking them to confirm that this letter was sent in error, what do you think the chances are off them crediting our account with £100 will give it a try though! I will also get a SAR sent off to them, I know the charges are nearly 2 grand and they have told us over the phone that we are paying about £20-30 extra interest on top because of these charges, but I will send the SAR first and get the definite figures.

I couldn't believe it this morning when we got this letter, I knew it was off them before I opened it and thought it would be just confirming the suspended possession order as they should have had a letter from the court regarding the order of £100 to be paid extra as we received the letters from court on Saturday. Do you think they have received the court order and thought they would write to us and try and get us to pay more than the court ordered?

[Ell-enn]

Hi, when you send them your letter enclose a copy of the letter they sent you and a copy of the order you received from the court, and of course send by recorded delivery!

[mazj28]

Ok will do I will have to send them tomorrow when Im at work as our printer has ran out of ink

Thanks