Eviction 2nd December ,..

[michellej]

also what are peoples thoughts on the 15 month no contact then in for the kill (eviction),.. and yes we were on an suspended repossession order ,.. how can they possibly say we never contacted them in regard to our concerns ,.. the length of time tells a tale in itself,..

[on*the*case]

Its been the holiday period so less activity on the forum....

 

The original agreed monthly payment was calculated to repay the total loan over the contract period, and this would have included any commissions, secret or otherwise.

 

What I fail to understand is how you are paying double (the monthly payment, plus an amount towards the 'arrears') and yet the arrears are not decreasing.

You need to see more detail, it is likely that substantial arrears charges have been applied to your account and that the payments you have made have been applied to reducing the charges first.

Payment should be applied to the interest and loan first, anything else is strictly unfair treatment and contrary to consumer law.

 

 

Regarding the sizing of photos; Photobucket gives the option to automatically resize photos so that 'big pictures' are reduced to a standard size for posting.

[on*the*case]

also what are peoples thoughts on the 15 month no contact then in for the kill (eviction),.. and yes we were on an suspended repossession order ,.. how can they possibly say we never contacted them in regard to our concerns ,.. the length of time tells a tale in itself,..

 

GE can attempt an explanation when you make your complaint to the FOS over their appalling conduct towards you....

[michellej]

Its been the holiday period so less activity on the forum....

 

The original agreed monthly payment was calculated to repay the total loan over the contract period, and this would have included any commissions, secret or otherwise.

 

What I fail to understand is how you are paying double (the monthly payment, plus an amount towards the 'arrears') and yet the arrears are not decreasing.

You need to see more detail, it is likely that substantial arrears charges have been applied to your account and that the payments you have made have been applied to reducing the charges first.

Payment should be applied to the interest and loan first, anything else is strictly unfair treatment and contrary to consumer law.

 

 

Regarding the sizing of photos; Photobucket gives the option to automatically resize photos so that 'big pictures' are reduced to a standard size for posting.

 

Hi will try and explain ,.. my monthly payment was £250,... I had £1500 arrears (which included charges & interest) , anyway £1500 arrears,.. I contacted them in Febuary to offer to clear the arrears at £250 per month extra ontop of monthly payment , their agreed to this but still went to court in March , Judge suspended possesson on the grounds we paid £250 per month to REDUCE arrears ,.. £250 per month x 6 = £1500 ,.. so first payment end of March / Should be last payment end of August ,.. I contact them at the beginning of August for statement which should show arrears paid ,.. statement arrived , and Arrears had not reduced , I did not only hav 1 more payment of £250 left to pay , in fact the arrears were now higher ,.. I paid arrears £250 per month , but 1 week later an interest charge of £335 was applied,.. so this eat up my arrears payment and added £75 to the arrears ,... straight away I disputed account and advised it would be dealt with in house + plus payments would stop whilst in dispute , which they did for 15 month ,.. then all of sudden out the blue , a give me your home letter ,.. so now arrears are £5700 ,.. £5700 what as built up over the 15 months G E advised that they were dealing with it and payments frozen ,.. I look forward to hearing what their have to say ,... how can their expect to get away with this ,... tell consumer their will deal with it in house ,.. payments frozen ,... then leave it 15 month ,.. then request £5700 or face eviction ,... this can not be right ,... and I hope the judge reads more in to the time what has elasped since last contact ,.. surely if I just ignored then without any contact , then house would of been taken a long time ago , as remember we were on a suspended repossession order ,.. even a week late with payment give them the rights to the house ,.. the same rights their wanted after instructing court proceedings after 3 missed payments ,... I have looked for same circumstances and found nothing to compare ,..

Edited January 3, 2010 by michellej

[michellej]

The original agreed monthly payment was calculated to repay the total loan over the contract period, and this would have included any commissions, secret or otherwise.

 

DOES NOT SEEM TO BE THE CASE WITH ME

 

just worked out if I paid my loan over the period set ,.. I would pay back £78,000 + ,.. I only borrowed £31,000 ,..

 

They is a lot of wrong's in this agreement ,.. its just finding the right way to attack ,... I believe secret commissions ,.. brokers fees added to amount of credit , brokers fees subject to interest ,.. brokers fee no terms in place ,.. should of been set out as multiple agreement as restricted and unrestricted credit ,.. should of been part regulated / part none regulated agreement,.. not true reflection of arrears , payments should of been frozen so arrears are totally wrong ,.. and if brokers fee was added to balance then all previous payments are wrong , and all future payments would be incorrect , and surely if part the agreement is unenforceable (regulated part) due to no terms in place and not set out as a multiple agreement and not propely executed, then surely the full agreement must not be enforceable ,.. and then a secret commission should seal the case ,.. after the brokers fee that was added to loan balance is put across ,.. then the no contact for 15 month , to pop up with over £5,500 arrears ,.. and the original suspended order to pay arrears was been followed and after 5 month arrears were in fact higher , and each time I paid the arrears would continue to rise ,.. how would that reduce the arrears as the judge suggested,.. it increased the arrears , thats why I put account into dispute ,.. I can not see how their can expect to make a sensible defence ,.. this is total breach of power at the very highest , its not right and needs to be addressed , as why shoud we sell our family home to pay these vultures ,.. no I will fight all the way and expose them for what they are ,.. thats why others should take notice and get everything in writing ,.. dont live to regret it ,..

Edited January 3, 2010 by michellej

[jansus]

Sorry I dont quite understand - are you sure you have not misread the court order - you must always pay your MP PLUS the amount to reduce the arrears - or your arrears will increase by your MP each month.

 

The Lender can not put a freeze on the account unless specifically agreed - and at the moment a court can not alter the terms of a mortgage - they do not have the power.

 

Charges for arrears are a separate issue- there have been cases on here where the FOS have ordered the lender to refund excessive arrears charges and I believe GE should not charge where there is a specific agreement to repay arrears which is being maintained.

[jansus]

To clarify - IF they agreed in writing to freeze the mortgage - then the interest would still be accriung - BUT they should then re-calculate the whole loan so you could start again with a new MP - but the debt would include the missing MP

[michellej]

Sorry I dont quite understand - are you sure you have not misread the court order - you must always pay your MP PLUS the amount to reduce the arrears - or your arrears will increase by your MP each month.

 

The Lender can not put a freeze on the account unless specifically agreed - and at the moment a court can not alter the terms of a mortgage - they do not have the power.

 

Charges for arrears are a separate issue- there have been cases on here where the FOS have ordered the lender to refund excessive arrears charges and I believe GE should not charge where there is a specific agreement to repay arrears which is being maintained.

 

Hi Jansus,... no I have not read it wrong ,.. the court order agreed to what I offered ,.. arrears payment £250extra per month ,.. and judge said do you agree to pay the extra TO REDUCE ARREARS,.. well I continued to pay the extra to clear arrears ,.. I paid for 5 months which should of been £1250 reduced from my arrears ,.. last payment was August ,.. so beginning of August requested a statement , and this showed that arrears had increased ,.. as every month a week after double monthly payment was made , G E kindly charged £335 per month interest,.. so minus my arrears payment and the difference added to account balance ,.. so arrears continued to grow ,..

 

As for lenders not been able to freeze account ,.. I do not understand , I believe that if in serious dispute then all payments & interest stop ? I requested my agreement to seek professional legal advice,.. I was advised that it would be dealt with in house ,.. I can not remember full converstation but will of told them my concerns regarding the arrear increasing , and the agreement set in court was to pay the extra £250 per month off arrears ,.. not pay it forever , as that would of been the case as the arrears were building up ,.. and as compound interest , it would get a little more per month as time passed ,..

the agreement was been maintained until I disputed the arrears ,..

[michellej]

To clarify - IF they agreed in writing to freeze the mortgage - then the interest would still be accriung - BUT they should then re-calculate the whole loan so you could start again with a new MP - but the debt would include the missing MP

 

We never recieved anything in writing to say account frozen ,.. but think the amount of time (15 months - tells a tale ) , Yes interest was still accuring reaching £400 per month ,... which in itself is wrong ,... as my monthly capital & interest payment was only £250 per month ,... so interst alone £335 - £400 per month ,... it does not sound right to me ,.. how can a interest payment ,... be more then the capital & interest payment combined?

[jansus]

So you were paying £500 per month but interest of £335 .00 was being added - so the arrears should have been reducing then?

 

To work out your interest portion on the loan it should be your debt at the point the niterest is calculated ( is this monthly or daily ? you need to check your loan agreement) X interest rate /12/100

 

so for example £45000 @ 12% would be £450 per month in interest alone.

 

Anything above that should reduce the loan.

 

Now if they are charging you for being in arrears that increases the debt

Any payments you miss increase the debt

Any charges they add increase the debt.

 

Therefore the interest charge increases.

 

So if you miss one payment on the above example - the £45000 becomes £45450 and the next time interest is calculated it is calculated on the higher amount.

 

How the company show the arrears figure is another matter. As you say a lot of them then lump the charges in morally ( if not legally) I think thisabhorrent because as you say you may pay £100 extra but £60 could be eaten up in charges .

 

Have you ever sent an SAR letter to get all the info on them?

 

May I suggest if you have not done so that you do that ASAP.

 

Personnally I would start two different threads- one on secret commisiions

 

one on the possession /charges

 

If you put GE charges in as a search on the forum - I am sure there are other cases to read up on about complaints to the FOS.

 

But first of all you need to get this possession problem out of the way.

 

Form now on - only deal with the lender in writing - either by recorded mail - or get an email address contact if possible.

 

Keep very strict records of all your dealings with them - ready to launch a complaint when you are ready.

[michellej]

So you were paying £500 per month but interest of £335 .00 was being added - so the arrears should have been reducing then?

 

To work out your interest portion on the loan it should be your debt at the point the niterest is calculated ( is this monthly or daily ? you need to check your loan agreement) X interest rate /12/100

 

so for example £45000 @ 12% would be £450 per month in interest alone.

 

Anything above that should reduce the loan.

 

Now if they are charging you for being in arrears that increases the debt

Any payments you miss increase the debt

Any charges they add increase the debt.

 

Therefore the interest charge increases.

 

So if you miss one payment on the above example - the £45000 becomes £45450 and the next time interest is calculated it is calculated on the higher amount.

 

How the company show the arrears figure is another matter. As you say a lot of them then lump the charges in morally ( if not legally) I think thisabhorrent because as you say you may pay £100 extra but £60 could be eaten up in charges .

 

Have you ever sent an SAR letter to get all the info on them?

 

May I suggest if you have not done so that you do that ASAP.

 

Personnally I would start two different threads- one on secret commisiions

 

one on the possession /charges

 

If you put GE charges in as a search on the forum - I am sure there are other cases to read up on about complaints to the FOS.

 

But first of all you need to get this possession problem out of the way.

 

Form now on - only deal with the lender in writing - either by recorded mail - or get an email address contact if possible.

 

Keep very strict records of all your dealings with them - ready to launch a complaint when you are ready.

 

Hi there again Jansus,... Yes we were paying £500 per month ,... our monthly repayment was £250,... so doubled our monthly payment to £500 to pay monthly payment and £250 to reduce arrears ,.. which should of been cleared in 6 months ,.. my last payment at the beginning of August (which was a week late) we recieve a letter to say we had not paid the arrears amount which we agreed at court to pay to reduce our arrears ,.. knowing fine well that arrears were not reducing and were in fact growing as the interest charged each month £335 , was paid each month from the £250 we paid off arrears each month plus £85 added to loan amount as total balance ,.. so each month balance would reduce then a week later increase,.. higher then the previous week ,.. and if this continued whilst in arrears then this loan could go on forever with no finish in sight ,.. and you do not get to know until you request a statement , as fees charges interest will be added to balance ,.. and I have proof that this is the way my account was operated ,..

 

no have not sent off SAR letter , but have requested agreement using CPR 31.16 , (which their are not complying with the request) just no reply ,..

 

Yes I agree the possession problem needs clearing up and sorting out ,.. but I have a while before I am at court regarding this ,.. I will be taking legal proceedings to get them to release my agreement ,.. I do have a (sort of )agreement , no signature no nothing and shows the brokers fees added to loan ,.. lets see if these match when their forward original agreement ,...

 

but again I think the whole agreement can be fought another day ,.. I need to get this possession sorted , as in December I was ready to sell the family home as could not see away out of it all ,.. and I was not at my strongest ,.. but sale is now on hold whilst in dispute , as we were only going to sell to cover debts to G E ,... but now realise that we do not need to sell our home as in reality we should not be saddled with this figure over 15 months ,.. sure this is not right , and very inresponsible to let things build up then strike to take family homes ,..

 

Well thanks everyone for your thoughts and concerns , best wishes All

Edited January 3, 2010 by michellej

[jansus]

has your interest rate changed at all?

 

Do you have a record of letters confirming MP - plus all statements?

 

could you post up a statement omitting all your personal details?

[jansus]

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/155866-g-e-money-secret.html?highlight=GE

[jansus]

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/220427-ge-again.html?highlight=GE

 

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/194077-ge-monthly-arrears-charges.html?highlight=GE+charges

 

 

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/170607-spml-london-mortgage-company.html?highlight=sunday+mail

 

post 3566

Edited January 3, 2010 by jansus

[michellej]

has your interest rate changed at all?

 

Do you have a record of letters confirming MP - plus all statements?

 

could you post up a statement omitting all your personal details?

 

Hi,.... yes interest rates changed quite often ,.. this is all displayed on this agreement I have ,.. I have letters with MP amounts ,.. this never changed at all ,.. I will post up my agreement for you to view then remove it ,.. its a joke , post to follow

[michellej]

Hi here is the loan agreement ,... top left hand corner ,..

 

sorry , here it is larger ,..

 

hopefully can see

 

 

well hopefully you can enlarger the picture , please tell me once you have viewed it , thanks

Edited January 3, 2010 by michellej

[michellej]

Well things are starting to make sense ,... I have been reading about unfair conditions ,.. as this is surely what I believe our agreement to be , unfair on many points ,... I think I know why 15 month passed ,.. this is to stop any investigation from OFT ,.. (please read below quote ::

 

You can contact the ombudsman direct once you have been through the normal complaints procedure.

There is a time limit for making the complaint. This is no later than a year from the date when you first became aware of the events which you are complaining about.

 

Am I been paranoid or would the lenders really go to these lengths to stop the OFT looking into them , as the 12 month guideline would of passed,... surely that is taking things another level in the games they play , games to stop anyone looking into how their do things ,.. if this is correct then the courts should see the game they are playing ,...its shocking , and quite disappointed after reading the above ,.. why always timescales on things regarding complaints and consumers ,.. the whole industry stinks and I hope many hundreds of thousand stand up to these companies and press ahead with a claim ,.. wake them up as total out of order , very annoyed ,.. as these companies know the rules and regulations and do anything to make things suit them ,.. and no one does nothing about it ,.. its criminal and when will a judge be a judge and stop giving these companies the benefit of doubt ,.. that just giving them a license to rob us , the general public ,.. angry is too mild a word ,.. can not blieve the timescales , its like these organisations are lenders friendly also ,.. they should be lined up and shot , proper play the system to rob us all ,.. cyber-gangsters ,.. thats what their are ,.. thuggery and loansharking backed up by the laws of the land ,.. and like all mobster , they always have a judge or 2 in they pockets ,..

well hopefully this brings the thread back to life , as very quite since yesterday ,.. well come on folks all help will be greatly appreciate as I wish to go all the way with my lenders as totally unfair / unlawful conditions ,..

And never a finer quote : "The Hunter Becomes The Hunted"

Edited January 5, 2010 by michellej

[jansus]

Sorry my internet is off at home - so just checking in from work.

 

hopefully will be back on later

[michellej]

Sorry my internet is off at home - so just checking in from work.

 

hopefully will be back on later

 

WHERE ARE YOU JANSUS,... ,.. Hope you get the computer sorted and back online soon , Longing to hear you words of wisdom , Best Wishes & Thoughts

[michellej]

OOOOOOOOOOOOHH Anyone any thoughts on above credit agreement ,.. is it a reconstruction ,.. I thought it was a statement , till a few days back , and I spotted loan agreement (top right hand corner) was real surprised ,.. but would rather have it then not ,.. at least I hope their remember what their reconstructed, as requested original agreement displaying my signature , and if be it will take legal proceedings for disclosure ,..

[jansus]

Hi

 

I can not see what you have posted in detail but that looks just like a statement rather than an agreement.

 

to be honest the fact of whether you have an enforcable agreement or not is a bit out or my remit.

 

If you do not get any other replies I can only suggest the following.

 

You need a copy of the original agreement and core terms and conditions.

 

you can get this by sending the SAR letter and then tailor it to what you need to know. When you have the full original signed agreement then you can post it to see what the opinion is. I cant tell you whether it will invalidate the loan or not because as far as I am aware there several contradictory cases going through the courts at the moment and I really have no experience in that area.

I think you need to ask for

 

the original signed credit agreement

A list of interest charges applied to your account

A full list of itemised charges connected with the arrears on the account

copies of all lettters they have sent in respect of interest rate changes and monthly payments required

Details of any commission paid to third parties

Anything else you need to know.

 

 

 

Normally I think they have 40 days to provide the information you need. But you will have to emphasise you need the info ASAP because of the impending court case.

 

Secondly you need to make an official complaint in writing to the FOS with a copy to the lender explaining that as there is a suspended possession order you need some urgent help. Keep the letter brief and to the point - explain that you have paid what the court agreed but the arrears increased and the fact it appreared the interest rate has increased but you have not been asked to increase your MP - and the charges mean you are not reducing the arrears at all.

 

then you will have to keep pushing. You have nothing more to lose.

 

Hopefully you will hear from the FOS before the court case - and if the loan is then under investigation they may give you more breathing space.

 

Was the time they just gave you to sell the house or just to clear the arrears?

[michellej]

Yes I said I would sell the house ,.. but the charges I dispute would be cleared as these would be added to the amount owed to G E ,.. so put the sale on hold , whilst I dispute this arrears amount ,.. I intend to contact the FOS , and hopefully point out all the charges and interest charges whilst I was paying arrears ,.. I put in my defence for eviction order to be suspended as I also dispute arrears , and the judge said it was something I needed to chase up ,.. thanks for yur reply best wishes

[jansus]

as you posted above the normal proceedure is to complain officially to the lender first - then give them a chance to reply - then go to the FOS - but as time is short I suggest you do a letter of complaint by recorded delivery to both at the same time.

 

You have to send a cheque or Postal order for £10.00 with the SAR.

 

I think I have seen on one of the many mortgage regulatory body websites that it is also very importatnt they let you know what your correct MP should be so you do not fall into arrears on interest.

[michellej]

Hi there again , can not really contact the lenders as yet or the FOS , as I have no agreement to go off ,.. I have requested this CPR 31.16 , formal letter sent today , so only another 7 days and I will be starting legal proceeding for DISCLOSURE ONLY,.. not contesting anything as yet ,.. once we have underwriters sheet then we can see were we go from there ,..

[michellej]

I think I will request other info from G E ,.. but can not see them complying as proving the case with CPR request ,..