Maz vs GE Money Home Lending

[mazj28]

Hi Everyone

 

As of today we have cleared our arrears on our mortgage with GE Money, they have a suspended posession order so I am going to ask for a Notice of Discontinuance at the court, but I now want to claim for all of the charges that have been added to our mortgage.

 

GE have said that they can't chase us for these and they are just placed at the end of mortgage but we are getting charged additional interest on top of these, I SAR'd them a while ago and know the charges upto April so I am going to SAR them again but reading up in other peoples post it seems I should also SAR the brokers and the solicitors is this right?

 

The charges are now over £3500, but I don't know what is the best way to go about complaining about them as we still have the mortgage with them and will for another year until our early redemption period runs out and we want to now get a good few months of payments showing on our credit history of not being in arrears, is it advisable to go after them while we still have the mortgage?

 

Thanks in advance

Maz:D

[micko19]

hi maz

If it is just charges you want to claim you will be allright with just your statements. I found out about concealed commissions by doing Subject Access Request on solicitors and brokers and then reading carefully wilson v hurstanger which was a very well recorded judgement..It demonstrates that giving vague hints that a commission may be paid at a percentage relating to product in small print may negate the charge of secrecy but does not prove that they sought your informed consent in the matter which hides a conflict of interest between the broker and the lender. The monies to be returned to you at the rate of interest of the loan...have you checked your loan agreements what i suggest is do not use any online solicitors but take your agreements to the cab and have them checked,,,,

Please read all my posting here and on penalty charges forum micko19 and you will get a good handle on what to look out for with GE

I won my charges 1/9/2008 Judge Barraclough they often go all the way to court even though eversheds have never won a case do not be intimidated and it is good to do it for experience unfortunately most finance companies don't obey the law until a judge tells them....

 

feel free to pm me

 

micko

Edited December 2, 2008 by micko19
spelling

[mazj28]

Hi Micko

Thanks for your reply

 

I think I might actually SAR them all because I had a bit of an issue at the time because when we remortgaged with them we actually already had a mortgage with GE and when we asked to move our mortgage when we moved house I rang Ge and they said we couldn't go direct through them as they didn't deal with customers direct and they actually gave us the number for the brokers who we had to go through to be able to take out a remortgage with them, at the time I really didn't think anything of this but know I don't know if this is right as why should we have paid a brokers fee when they didn't actually do a brokers job of searching for the best mortgage with different lenders they just remortgaged us with GE.

I have CCA them as we kept copies of everything when we took out the mortgage but we don't actually have a copy of the agreement just the mortgage offer and a signed mortgage deed, so I am still waiting for a copy of our agreement

 

Thanks

Maz:oops:

[micko19]

Francis Bennion - Law - 1999.004 ‘Multiple agreements under the Consumer Credit Act s.18’

 

Wilson and another v Hurstanger Ltd

 

GE are renowned for bouncing agreements out of the cca you need to read bennions stuff and he has an example on the third page about top up mortgages. The courts and banks are all very nervous about this.. because bennion was the author of the consumer credit act for parliament and he explains the errors made in previous cases and clarifies the issues in very plain terms ...It is ironic that if the banks adhered to his original guidance and been punished for these abuses of documentation the banks would not be in the mess they are today read www.ruinededbynatwest.com (not a commercial website)..

 

If any copies of your agreements indicate that an advanced copy was sent insist that they send that to you. Check out your ppi's .. if any.. ask for detailed breakdown of any commissions paid. If tou paid out ERC on redemption of any loans it is likely that this is illegal there are sections in the cca that ensure such detrimental charges cannot be made.

Absolutely demand specific detailed breakdowns they charged me 750 disbursements with no detail whatsoever they invent numbers to charge you...

 

Ask them for a list of all the third parties they have disclosed information about you to and ask them at what stage they sought your informed consent. Each issue of this is an instance of law breaking. Each illegal charge for admin and interest accrued is an instance of breaking the law.

They have a crap disclaimer that they will try to use in defense..ie if you don't want us to contact you tick this tiny box....this is laughable and comes no where near to seeking your informed consent...

 

Build tour case patiently. I find talking to them a complete waste of time its like talking to the stepford wives. I completely refuse to talk to them or any of their solicitors. Communicate by letter only..

 

I am going to sit down soon and do a huge "GE Silver Bullets section" and refer everyone to it..

 

I am not a solicitor and i have found it impossible to access legal advice without huge expense...But i am still digging away and will be bringing several legal actions against them with or without legal help...

 

Be patient and keep digging.

 

micko

[LilyLou]

What a fabulous post, I will follow with great interest as my daughter and son-in-law are tied up with GE and because of arrears (suspended possession) they will be for a long time to come. Keep up the good work with these immoral sharks, they make a career of preying on people in tight positions.

 

Regards

LilyLou

[mazj28]

Hi

 

Well today we have received a copy of a final copy of our agreement but it is just what we already had a copy of its the mortgage offer and the signed mortgage deed, we took out the mortgage in dec 2005 would we have had an actual agreement, im confused a bit now so I think I will take your advice and go to the CAB and see what they say. I have the copy of the first mortgage offer and now the final copy as this is what they have sent today. We didnt take out any ppi with them as we had with the first mortgage with them and then cancelled it and got it refunded as it was over 5grand and only covered my partner for the 1st 5 years.

Yes we did pay an ERC of nearly £3 grand on our first mortgage as when we originally asked if we could move and add extra to our first mortgage, and were told we couldnt and had to remortgage I actually complained at the time about paying the ERC as it didnt seem fair that we were staying with them and increasing our mortgage and yet we still had to pay it.

i am going to send of my SAR's today to the brokers and GE's soliciotors I will start there and also will see about getting the mortgage offer and signed mortgage deed checked out

 

thanks for your help

Maz