zebs&co vs GE

[zebs&co]

HELP!

almost a year back now i lost my job in the down turn and went from a well paid job to one earning £200 less per week? my mrs also had to take a hour reduction to her working week losing £100 per week? thats a total of £1200 less per month. our mortgage to GE lending is fixed rate and is £1300 per month, our joint income now stands at £2100? we contacted GE explaining all difficulties and they agreed to except £900 p,mnth with a possibillity at buying ourselves out of the fixed rate after a 3 mnth period.

if we could get out of the fixed rate to a variable rate we could afford to carry on paying the mortgage on our lower income. after 3 mnths we asked about coming out of the fixed rate? they said because we had defaulted they were not prepared to do this, however carry on paying £900 as this was a substantial amount towards our mortgage all be it the £400 short would be passed down as arrears and at the end of the fixed rate be tagged on to a new mortgage at variable terms. we agreed and have carried on paying £900 up till last month when we got a visit from a GE adviser saying the company now want their money back and we had to pay £1300 + £200 to cover the arrears or re possession orders would follow. there is no way we can meet these payments and this week we got a summons to court on 3rd sept, can any one advise us what to do as me and the mrs are shell shovked by we feel the unfair and hard line actions by GE money lending.

thanks and regards zebs&co.

[PGH7447]

Did you get any paperwork from these cretins about the new payment levels?

 

If not send them a SAR requesting all calls made regarding this account.

 

also can you post up the POC removing identifying details first

[zebs&co]

no paper work, we done all verbally with trust over the phone? we have got names and times of the conversations, but every month we contact them each one blamed the other for not giving us the right options although each one of them said to carry on paying the £900 ?? our fault for trusting them i fear, what is a POC?

[PGH7447]

Particulars of Claim

 

so send GE a SAR for all conversations held, they claim they record calls so you want transcripts

 

Subject Access Request - Consumer Wiki

 

costs £10 send recorded they have 40 days to comply, however if they have send a court summons you can request the same for free under CPR31, I or someone else will post a link to the relevant forms.

 

Is the court summons through MCOL, and have you acknowledged it?

[PGH7447]

read this for starters

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[PGH7447]

Can a mod move this to the legal forum please

[zebs&co]

Only Just Received The Court Summons, First Time Been Any Where Like This So Not Rep;ied And Slso Don't Know If Or Who Is Mcol

[PGH7447]

Her Majesty's Courts Service

[zebs&co]

Mrs As Filed Summons Letter? She Be Back Home 5mins So Will Re Read Sumons, Is There A Pre Written Cpr Form Or Help On How To Compose A Cpr ?

[zebs&co]

Thanks Pgh,

We Have Followed Your Helpful Links And Are Now Writing To Ge Lending A Cpr + A Sar.

Will Let You Know Their Responses,

Thanks Again From Zebs@co

[zebs&co]

The Summons Came Via Normal Letter From The County Court, It Does'nt Ask For Acknowledgement But Does Say To Call The Court Day Before The Hearing

[PGH7447]

you need to scan this up so we can see what it says

[zebs&co]

can't do scanner.

the letter reads..... NOTICE of RESTORED HEARING on top left.

to the right is claim number + claimant details, then the court hearing date and time in the rest of the letter.

i have also just recieved this morn a letter from solicitors acting on behalf of GE with also date and times of hearing?

[PGH7447]

read this

 

http://www.consumeractiongroup.co.uk/forum/repossessions/159005-restored-hearing.html

[zebs&co]

ok, if we attend court with options of promising to keep paying as we have been doing over the past year at £900 in a scale of 10 do you think the judge would favour our case? we are at present looking at rental options and moving out and sending them the keys. is this a stupid thing to do ? can't see us clearing the arrears as property is 25k negative now, so could be 5yr+ before we can poss break even.

what a mess?

[supasnooper]

Thread moved to Legal Issues as requested.

[zebs&co]

hi supersnooper.

as can see from above, in a mess? we really do not know which way to turn, go to court and hope judge rules in our favour, but in the end the arrears will amount to so much that at the end of fixed rate term the arrears and interest against a new term mortgage will prob be so high the repayments will still be far to high to meet?? or.... hand the keys back, go into rented accomadation and when they come after us for the short fall sort out some sort of deal or maybe bankruptcy is the answer??

[bazaar]

Zebs, bankrupcy is the last option you should consider. Handing the keys back aint going to help either, because you'd still owe the outstanding mortgage balance. Yore not being unreasonable paying the 900 quid or so a month. Also, the bank should be assisting you and not hounding you. Are they trying to hound you for arrears or the full amount?

[zebs&co]

they want us to return to paying £1300 + £200 to pay off the arrears??

this is impossible as our joint income is now only £2100 pmnth. our worry is that if we do manage to get ok on paying £900 p mnth at the end of fixed rate term the arrears be so much the re calculated mortgage will still be to jigh to meet?