Problems with GE Home Lending

[sandra05]

My friend got a conservatory built by weatherseal and it was financed through GE Home Loans. She stopped working over a year ago and phone and advised them but nothing from them. She got a letter in October from a solicitor saying she had to pay nearly £17000 but 11th november as there was now a charge over her property.

 

She has checked the loan forms and there is only PPI for her husband on the form and none for her. We have called the solicitor up and asked to come to an arrangement as she and her husband no longer works but they are demanding payment in full.

 

Her mum has offered her £10,000 to pay as a full and final settlement but they have said they will accept this but still want the other £7000. We have told them she cannot afford to pay them and her mum back as they are both out of work. She does not want to loose the house. That was another thing they asked the value of the house and what it would sell for in todays marked but there is no equity in the house.

 

Is there anything she can do.

 

thanks

[Ell-enn]

Was this a secured loan? if not, has she had anything from Land Registry stating that a charge has been applied for?

[sandra05]

Hi Ell-enn,

 

It does not state it is a secured loan on her forms and no she has not received anything from the land registry. Apparantly it did go to court but she never received anything I though she would have had the option to put her side to the judge and offer a repayment or settlement and it was up to him to decide if this was an acceptable offer or not.

 

I have asked the lawyer to send all copies of the paperwork out but still have not received anything. She is saying we now have 5 days to come to an agreement or they will take charge of the property

[Ell-enn]

Who are the solicitors dealing with this? If she has not received any court papers or land registry papers then IF there has been a charge on her home she should be able to apply for a set aside - is this case in Scotland?

[sandra05]

Hi Ell-enn,

 

Yes she lives in Falkirk, Scotland. The solicitors is a Glasgow office and they are called McClure Naismith Solicitors

 

A copy of the letter she sent says:-

 

On "date" a decree against you was granted in the sherriff court for the sum of £16803.90.

 

If you do not pay this sum within fourteen days you are liable to have further action taken against you including arrestment of your earnings and the attachment and aution of articles belonging to you. You are also liable to be sequestrated (declared bankrupt).

 

In the same envelope she has a schedule of inhibition to stop her from selling.

 

Her top letter also states that they will continue to add interest and fees until they have both come to an agreement. We put it in writing to see if they will freeze interest but they will not. We refer to the charge for payment recently served on you.

 

This is the first time she has seem any of these documents.

 

Can they force her to sell or take the house of her as there is no profit in the house.

 

Thanks

 

sandra

[Ell-enn]

Hi there, I'm afraid I'm not too familiar with Scottish law. I think you need to submit a Form 2 -Time to Pay form to the court (I have affixed one to this post) - can I suggest you give the Govan Law Centre a ring on Monday they will be able to confirm - 0141 440 2503..

Form 2 Time to pay - Scotland.pdf

[sandra05]

thanks Ell-enn I will get her to do that. She is a nightmare 28 years of age and will not call or ask anyone for help. She is scared of speaking to people face to face or on phone thats why I am doing my best to try and help her.