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GE Money Secure Loan - Possession Order


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I am in arrears on a 2nd charge secure loan with GE. I am approx £635 in arrears and the Claim Form I have received also states that there are charges of £390.

 

Will the Court grant them a possession order even though they are a 2nd charge? And does the fact that the agreement with them is regulated under the Consumer Credit Act make any difference?

 

Also, can I get any free advice or help for the Court hearing?

 

I have written to them offering to pay £50 off the arrears each month and am yet to receive a reply! I will have nowhere to go if my house is repossessed and I am petrified and can't sleep for worrying!

 

Can anyone help? I am trying to read through these threads but there are so many!

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Hi there, what date is the hearing scheduled for? Have you completed the N11M Defence form which you should have received with the court claim form?

 

Please try not to worry too much - we can help you with this, and there is no way a judge is going to give possession to GE money when you can afford to pay £50.00 per month towards the arrears.

 

When you have answered the above questions we can get to work on your defence.

 

Kind Regards

 

Ell-enn

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Hi Ell-enn #

 

Thanks so much for your response.

 

I have filled in the Defence yes - I did it online in a bit of a panic straight away last Monday.

 

The Repo hearing is set for 5th Feb.

 

Still no reply from GE to my letter though that have tried calling me. I don't want to get into discussions on the phone though - I would rather everything was in writing! Is that wrong? I have sent another letter chasing them. I know they received my first letter because they have banked the cheque for this months payment (which I have pointed out should they try to tell me they had no letter!).

 

What should I do now? Any prep before the hearing etc?

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Hi loug

 

First thing ALWAYS send letter via recorded delivery that way you have a valid record that they did get it so if you did not send it recorded delivery send another one to make sure but keep a copy for you files for court make sure you note it is the second letter about it and say when you sent the first one

 

but dont worry stay calm dont talk to GE on the phone unless you record the call always deal in letters only its good evidence

 

As for the charges you should be able to claim back somebody else will point you in the right direction of the letters needed that will be hosted on the forum somewhere I just dont no where yet as im a new member

 

I dont no at this point if you could file for a CCA to see if they still hold a valid credit agreement for you account I think it costs £10 to get the info from them Somebody else will no more about that though

 

 

but be stong and be honist in court dont put your self in a position that you could regret later

 

Hope I have given you something to think about and hope I have been helpful

 

Good Luck

Will

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Hi Loug, we can do a statement for you to take to court with you on the day to hand to the judge and we can quote some case law etc.

 

Did you send your letters to them by recorded delivery and also have you kept copies?

 

I can draft a statement for you once you answer the above.

 

There is no way a judge will order possession if you have an income and can prove you are able to make payments towards the arrears each month, which you have already offered to do.

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn

 

I have kept copies of the two letters yes, I know they received the first one because the cheque was attached for this month's payment whcih has now been cashed.

 

I didn't send the chaser letter by Recorded either though because I used their DX address instead?

 

Do you need to see the letters?

 

Many thanks once again - you are a tremendous help.

 

Lou

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Hi there, you say you have filled in the N11M online? have you received any confirmation that it has been received? You should perhaps ring them and check.

 

I will start to draft a statement for you, but will probably be back with some more questions :)

 

Ell

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I've had a Statement from the solicitors who have issued against me at the weekend - they have just enclosed copies of correspondence they have sent to me showing they have complied with the Protocol etc by the look of it! Nothing of note I don't think!

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Did you check your N11M was received?

 

We can do a statment for you to take to court with you on the day - have you made any payments since the court papers were issued?

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi again

 

I have checked and yes my Defence has been received by the Court.

 

I have today received a letter from GE also agreeing to my repayments of £50 per month for the next 12 months to cover the arrears. They also confirm that they have applied for a Suspended Possession Order too. It does state I should still attend the hearing though, is that right.

 

Also, is it something I should agree to, the Suspended, as I believe failure to keep up with ageed arrears means they can go straight for an eviction without a further hearing? Believe me, I will make sure EVERY payment is made but I just want to do the best thing in my interests, not GE's!

 

I stated in my Defence about the payments I had made to date - My next payment is due on 5th Feb - which is also the date of the Hearing.

 

Can I ask the Judge to order GE to add the legal costs onto the loan? GE have not mentioned paying those?

 

Sorry to fire so many questions at you, I am just a bit frantic, pleased, butb frantic!!

 

Regards

 

Louise

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Hi there, you should most definitely attend the hearing - that way you will know what is being said. Unfortunately you don't have the choice in agreeing to a suspended possession order - that is for the judge to decide. If you are unable to pay all the arrears before the hearing then the judge will have no option but to give a suspended possession order.

 

It is true that if you were to miss payments under the suspended order the lender can apply for an eviction order, but that too can be defended and is not a foregone conclusion.

 

The lenders solicitor's costs will be added to the outstanding mortgage.

 

Nearer the date I can write an up to date statement for you to take to court with you on the day.

 

The hearing will not be nearly as bad as you might think. It will be held in a private room, with just you, the judge and a representative for the other side. You will site around a table (or opposite the judge), and the whole process will take no more than 5 - 10 minutes. Judges are usually understanding of your nervousness and will guide you through the hearing. You should address him/her as Sir or Madam and don't interrupt when they are speaking! When you are asked a question take your time and speak slowly and clearly.

 

Ring the court and ask if they have any free legal reps or CAB advisors on the day - lots of courts have them nowadays.

 

I am certain you will be ok :)

 

Hope this is helpful.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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This is good news you can not expect anything better keep the letter and take it with you to the court with regards to the cost they will added to the mortgage they shouldnt be to much ask the judge in court what they are and ask him if he thinks they are fair he might reduce them he might not I have had both happen

At least you can relax pay the amount on the fith before you go to court if you can

 

let us know what happens

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  • 2 weeks later...

Good news from my Repo Hearing yesterday.

 

A wonderful lady from the CAB was at the Court and offered assistance. She did all the speaking for me and she actually managed to get the Judge to agree to £30 arrears repayments instead of £50, despite GE already accepting my proposal of £50.

 

As a guideline, she says lenders usually want arrears to be cleared within around 2 years so advice to anyone is really to speak to someone from the CAB first before you make any repayment proposals for your arrears because you may, like myself, be offering too much. The Judge, I felt, was very much on my side and keen to make the repayments affordable & sustainable for me.

 

Glad it's all over with now and my lovely big Sis has offered to pay the arrears off for me in full, making the Suspended Repo Order go away, and I will pay her back.

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Great result.

 

Well done.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Well done very pleased to hear your news ,and thanks for the report encouraging to others.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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