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give me my money back

Me V GE Money...urgent advice requested

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Hi there I am in need of urgent advice.

I have a mortgage with GE Money and have a suspended warrant for possession on my house which I have not been able to keep up with the re payments, and now the balance is circa £13,ooo, over £6,ooo of which is for mortgage admin fees and additional interest. I have gone through the debarcle of the Ge money debt counsellor who comes out to your home and goes through your budget and comes up with a sound fiscal plan to give back to the chaps at GE, with the assurance that what he has put together GE will accept etc...etc...Off he goes costing me another £80 for half an hours work, and GE DONT ACCEPT IT, in fact we get into a game of, well what will you accept as an offer of payment, bearing in mind that you wont accept what your debt counsellor has put together as a prudent repayment package... we cant tell you that Mr xxxxx it is up to you to propose to us what you can afford...and the game continues untill you have to offer way over what you can afford just to stop them enforcing the repo order.

On a recent phone call with GE (last wed) I have been informed by GE that they were about to apply to enforce the repossession order, but it was not to late to do something about it. They would need a lump sum payment plus an arrangement over and above my monthly installments. My circumstances have changed for the better significantly very recently and I was able to offer a lump sum of £4000 + an arrangement of £500 above my normal repayment. This was refused by Ge, for me to come up with a revised offer. This would be extremely difficult to do...so what are my options.

Do I try t get the eviction stopped, with n244 (not much notice given, I had eviction notice on Monday for 2 weeks time, and on what grounds could I use.

Any advice would be gratefully received.

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Oh poor you I do hope you get on ok we had the same and stil l paying the arear's off and it's killing us, But they did come round to our way of thinking in the end we just paid what we could and if they took us back to court at least we were paying something over the top and hopefully the judge would see that too......... trouble is now days people off to pay what they can't afford then lose the lot as they have agreed to pay the higher amount

 

Good Luck

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Hi,

 

Firstly, I would work out how much you owe on the repayments the courts set down in the suspended repo order, then pay that amount only, (I presume you could do this with the £4000). Then you are up to date with your repayments and they will stand no chance of getting the repo. When you make this payment, make sure you are specific in your letter about what the payment is for.

 

Secondly, you say that they have charged you £6000 in admin charges - disgusting!!! I would seriously consider reclaiming these unlawful charges back now - see how they like being taken to court!

 

 

Good luck.

 

BAE :)

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firstly please do not offer an arrangement that you can not keep to .Under protocol rules you are entitled to repay the arrears over a reasonable time.

 

You need to complete an income and expenditure form of your own to show what you can reasonably afford over and above your MP . But take into account unforseen bills and interest rate changes as if your miss a payment on the arrangement they will be down on you very quickly.

 

In court they should not include the arrears charges in the arrears figures so you need to be clear about what the actual Arrears are. If they try and include the charges in the figure make itclear that you do not agree the figure.

 

the main thing is to keep your house - then you can tackle the charges by firstly a complaint to the FOS.

 

I am sure Ell-enn will help you with the N244 form.You need to state your income and expenditure on a separate form - what your proposals are and whether you dispute any figures.

 

Also make it clear to GE in writing you want no further visits from their councellors and you will make all further proposals to them in writing or in court

 

Going to court will be a meeting in a room and more like a general discussion. So get your paper work together in a neat and organised way - all notes of conversations etc. then run rings round them


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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Hi there, You should most certainly ask the court for a hearing to suspend the eviction and I can help you with the N244 application to court - Q.10 is the most important part and you will need a statement for that, detailing all the information about the case.

 

You will need to send in an income and expenditure statement with the N244 (I have affixed one for you). Remember when you fill it in, that the amount you are offering on top of the normal monthly payment should be the amount left over after everything else has been accounted for.

 

Also affixed is an N244 form. Let me know if you need instructions for completing the rest of the form.

 

Just a few questions :

 

How much is your normal monthly payment?

Do you have a statement showing the arrears and charges separately?

Is the mortgage in joint names?

Do you have any children ?

What was the reason for missing payments under the suspended order?

 

If you are able to offer a lump sum and a reasonable amount towards the arrears each month (I can't believe they refused £500 extra pm!!) then you should have no trouble getting the eviction suspended. However, given the timeframe we will need to work fast.

 

As soon as you have answered the above questions I can start to draft a statement for you.

 

Ell-enn

Budget Sheet.xls

n245_0204.pdf


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Hi Guys thanks for the much needed advice you have been giving me.....

Ell-en how should I post the answers to your questions.....on general view or am I able to pm you...

Thanks

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Hi there, affixed is your statement for Q.10 of the N244. You will need to fill in data where I have put XXX's (the info for the top part will be on the eviction warrant). You will need to affix your budget sheet and also the statement showing charges. Write the claim number on the top left hand corner of the budget sheet and statement and the relevant Appendix number on the top right hand corner.

 

Assemble the pack as follows:

 

N244 form

Statment

Appendix 1 - budget sheet

Appendix 2 - statement

 

Take a further two copies of the pack and staple securely. One copy you should take to the court the other two you should take with you to the hearing.

 

To complete the rest of the N244 form:

 

 

 

1. Your name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

Any questions, just shout.

 

 

Ell

Give Me My Money Back N244 Statement.doc


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Hi Just to say, Im subscribingb to yr thread

 

You are in safe hands, and I say that from experiance of the site, they are brilliant.

 

Best of luck

Lynn

 

 

Lynn

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May I ask when the original suspended possession order was given and what the arrears were at that time please?

The reason I ask is that I may be able to throw some light on the £6000 mortgage admin fee.

 

Gladstanes

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Hi Guys

not posted for a few days....been busy getting my case together.....

a big thanks to Ell-en for the help she has given. My court hearing has come through for Tomorrow friday.....any more tactics or information would be gratefully recieved.

Should I push the unlawfull charges argument at the judge?

Should I make any payment before i go to court... I am worried that if I paid the £4000 I have, and I lose the property any way, I will have no money to find another abode..... i can take a bank statement, and show that I have that money to pay if required if successfull with my application.

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Thanks again guys....especially Ell-enn. Hearing was today, I successfully managed to get eviction suspended. The judge hardly gave Ge moneys solicitor a look in. He could not beleive that given my circumstances over the last 2 years (and GE were aware of these) that they did not accept my offer of £4000 lump sum + 500 on top of my mp. Now to reclaim the charges they have levied on the account.

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Brilliant ! well done for standing up to them :)


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Well done - Let us know how you get on with the charges as I think there are plenty of others who need some help in this area.

 

plan of action? Official letter of complaint - then FOS?


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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Hi Guys....I am back again needing more of your valuable advice.

As you have seen from my previous posts I managed to get my re possession stopped with a promise of a lump sum payment of 3000 and payments of mortgage plus 500 per month. Unfortunatley due to a change in circumstances, I was unable to pay the lump sum, and have struggled to maintain payments in the subsequent 11 months, and thus Ge money have obtained another warrant for eviction on the 9th August, another superfast warrant leaving us with no time to prepare ourselves for defence or eviction. We have only learned of this yesterday 2/08/2010 as I have been away on business.

In the 11 months we have managed to pay 8 payments which net out to 7210.16 which is 3100 over and above our normal installments. It is not what we promised to pay but circumstances have gone against us, but we still managed to pay back 3100 over and above.

Also GE raised our payments by 50 per month to pay extra interest accrued from admin fees etc,(still not dared to fight to get these back yet) with no agreement from ourselves.

I would be very gratefull if you could advise us once again.

 

regards

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Hi there, I'm sure you know you will have to put in an N244 to get a hearing to suspend eviction and I can help you with that.

 

How much are they saying the arrears are? and how much of that amount do you think is charges?

 

What is a realistic amount you can afford to pay towards the arrears each month on top of the normal monthly payment? £500 per month towards the arrears is an awful lot of money and this might be a good opportunity to get the judge to lower that amount, although you are going to have to explain what your change in circumstances was which made you miss payments.


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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

last year they were £14,346.45 now they are circa £11,542 with approx £7000 in charges and additional interest to these charges, which they have added another £50.00 a month to our payment without notice or agreement.

The reasons we were not able to keep up with our intended payments are twofold:

In Feb which was our first missed payment I had to defend a motoring conviction against myself..due to the totting up procedure and not been guilty I engaged a Solicitor to the tune of just under £1000. I was successful and was awarded costs....but I am still waiting full payment from the court system.

Then in March I found that 2 business partners of mine in a Ltd co, had been falsely charging vat on our invoices, to cut a long story short, I resigned from the company.......and since found that they have left me with a pile of debts, which I am having to pay off as well. fortunately my new company has taken up where the old company left and serviced the same customers and we are doing reasonable well, but there is a lot of debt to pay off.

We have averaged in the last 11 months £281.81 above what we should have paid in that time per month. I would say that this is achievable for now untill I get more in line with my company.

 

regards

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OK, it's probably best to offer £250 per month extra. Do you have a statement showing these charges? it would be good to send that in with the N244 to show the judge that the arrears they are claiming are incorrect.

 

In the meantime - I've affixed a budget sheet for you to complete to affix to the N244. Remember when filling it in that the amount you are offering to pay towards the arrears is the amount left over after everything else has been paid.

 

Do you have a copy of the costs order from the court case showing how much you are waiting for?

Budget Sheet.xls


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Budget sheet already completed, I used the one you sent me last year and just amended the figures.

At the moment I do not have an up to date statement, the last one we had was june...problem is with GE they only show the collective arrears with the fees additional interest etc all in one.

I have a copy of my solicitors bill, and a recent letter stating he is still awaiting the return of this amount in order to return to me.

I also have statements from my company solicitor outlining some of the details that have gone on there.

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OK, affixed is an N244 - use the instructions for completing it from my post on this thread on 23rd July 2009. I'll get on with a statement for Q.10 of the form and post it on here this afternoon/evening. Youwill need to take it to the court tomorrow first thing to get an emergency hearing before Monday.

n244_e.pdf


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Hi affixed is the statement for Q.10 of the N244. You need to enter the info where there are XXX's both at the top of the statement and also within the text. Make sure when you print it out that the printer is set for A4 paper and not Letter size so it all stays on one page.

 

On your solicitors letter - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

Assemble as follows:

 

N244 form, signed

Statement - signed

Solicitor's letter - Appendix 1

Budget Sheet - Appendix 2

 

You now need to write to them asking for a breakdown of the arrears figure. I can draft a letter for you if you need me to, it will need to be send by recorded delivery tomorrow.

 

Ell

Give Me My Money Back N244 Statement.doc


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Thanks again Ell-en

what do you think my chances are? I am pretty worried about it.

It would be great if you could do me the draft letter, I strugle with things like that.

Thanks

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Hi Ell-enn, thank you again for your help last August, with my situation, due to other issues i was not able to post what happened in court.Se here is, as I am need of further assistance.

The Judge ordered that the warrant be suspended as long as we ourselves paid the £XXX per month on top of our mortgage

He also ordered that no further applications to suspend warrant without permission from a circuit judge would be allowed. This was on bequest of GE money.

U nfortunatley we have missed a payment since and Ge have gone straight for the re possession.

The missed payments were due to a set of temporary circumstances which have had a big effect. Firstly over Christmas and New Year i contracted swine Flu which kept me from work for six weeks, as I am self employed you can imagine the problems that caused especially when we allready paying the extra to bring the mortgage down.

Secondly one of our Feb payment was late we normally pay by card direct to Ge....but our card was lost and we were waiting for another one to arrive.....to make sure our payment still got there we sent a cheque. Ten days or so later we noticed it had not been taken from our bank so we contacted Ge to see if they had recieved. They hadnt so they said to pay by card then (which we could not do as we had not recieved another card by that time) or send another cheque. This is when we were hit with another double wammy of having to find £1000 for an unexpectedly high electric bill and roughly the same in Gas. Within a week of this we had recieved a letter saying that they were going for repossession, and this was followed by reciept last week of the bailiffs letter. Giving us less than 2 weeks again to save our home.

My question Ell-enn is how do i defend this?

I have read articles on this site and on the internet about grounds for compensation from mortgage companies and brokers for the following reasons....can i use any of them in defending my home?

Arrears Charges......we have over £7000 of theme including debt counsellor visits. We have been forced in the past to add extra payments per month above what the judge has ordered to help clear these unlawful charges. T o qualify this Gmac another sub prime lender have just been fined 2.8 million for just such unlawful charges and been ordered to pay back 310,100 customers including compensation.

Mis selling of the mortgage in the first instance.. We took our mortgage through a Broker who was supposed to offer independant and best financial advice for our circumstances. We were advised to move from a high street lender (normal interest rates) to Ge money 3% above base!!!! for the purpose of a debt consolodation loan

was this was best advice? we had 1 small ccj no arrears, i have since found that we could have got a much better deal than 3% above base rate. On top of that i have found this week that the broker concerned placed 99% of their business through Ge, and within a couple of months of us taking out the mortgage financially purchased the broker,....where is the independant advice here. Also we payed in excess of £4000 in broker fees and legal charges which constituted over 5% of the advance, which is extortionate.

Do you think any of this will help?

Thanks

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YOU HAVE IN THE PAST BEEN FORCED TO ADD EXTRA PAYMENTS ABOVE WHAT THE JUDGE HAS ORDERED TO CLEAR UNLAWFUL CHARGES.

 

 

 

GE cannot FORCE YOU TO DO THIS. YOU ONLY HAVE TO PAY WHAT THE COURT HAS ORDERED FOR THE DURATION OF CLEARING THE ARREARS. If GE has pressurised you to do this as you say then that will not look good for them in front of the judge. Do not hesitate to get into court and apply for the warrant to be suspended.If you have an income now no judge will allow these pond **** to take your home.

 

Yours Aye

 

Gladstanes

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Hi there, have you received an eviction notice? if so what is the date?


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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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