Urgent help needed with GE - SUSPENDED

[Giddy Kipper]

To cut a very long story short, my partner has a mortgage in his name only but I look after finances. We got into arrears with this last year and in Oct 08, agreed to pay an additional £150pcm. We did this for 2 months and then missed Dec 08. They started proceedings immediately, I panicked and instead of telling my partner, I wrote to them saying I would pay the arrears by the end of Jan 08. I had the bright idea of winning it all via online gambling. That never happened, they told me if the arrears were cleared, it would be a suspended repo on the 6th March (this Friday).

 

Since then, we have missed Dec, Jan & Feb and the hearing is in 4 days and they are going for full repo. Now for the horrid part (please don't judge me!) I haven't yet told my partner about any of this. He still thinks we're paying increased payments every month. We have a 6 month old baby and I am not only scared to tell him but I need to know that we can do something to keep our home.

 

My partner works full time and we should be able to pay the increased payments every month. It was due to my panicking and sheer stupidity that we didn't. The only reason we missed Dec was timing, I would have made the payment a week late. When I got their letter, however, telling us they were going for repossession I panicked.

 

I haven't had any legal advice on this and desperately need to know how to handle the situation. We obviously have other bills we are in arrears with now as well but the mortgage is the priority. I have no idea what to expect on Friday, will we have to see the judge? Will we have to speak? Will I be in trouble for spending what is effectively his money?

 

Any advice or help would be greatly received. The mortgage arrears are approx 6 months and total around £4k.

 

Thanks

[Ell-enn]

Hi there, thanks for your PM pointing me in the direction of this thread and please be assured no-one will judge you - things happen in life, but the main thing is recognising that something needs to be done and then making sure it is followed through - which is what you are about to do.

 

OK, apart from you having to tell your partner (which I don't envy you), you need to understand that he will have to attend court as the mortgage is in his name.

 

However, we can do a statement for you to take to court.

Firstly, you will need to complete a budget sheet to go with the statement and I have affixed one here for you. It's a good idea to print one off first and "practise" on it until you get your figures right. Remember the amount you are offering to pay towards the arrears in addition to the normal monthly payment should be the amount left over after everything else has been accounted for.

 

Phone the court in the morning and ask if they have any free legal reps on duty on Friday - a lot of courts have them these days.

 

Your partner won't have to stand up and speak - it's not the kind of court you see on the TV. The hearing will be held in a private room with just the judge, your partner and a representative for the other side - the public are not allowed in, it's a private court.

 

The judge will understand that your partner is nervous and they are usually very good at guiding you through the process.

 

As it's your mortgage company who are bringing this case they will be asked to speak first. Then the judge will speak to your partner. The hearing will only last 5 - 10 minutes.

 

If at all possible you should try to get the statement to the court on Wednesday (or Thursday at the latest) so the judge has time to read it before the hearing. You can give him it at the actual hearing but it's best to get it in before.

 

When you have completed the budget sheet let me know and I'll make a start on the statement.

 

Ell-enn

Budget Sheet.xls

[Giddy Kipper]

Ell-enn, you are fantastic and I can't tell you how much better you've made me feel already. I shall have the budget sheet fully completed by tomorrow and will PM you to let you know if that's ok?

[Ell-enn]

Just post on the thread and I'll pick it up

[desperate&depressed]

Oh dear, you poor thing! I feel so sorry for you, I'm sure your stomach is in knots right now. You need to just come clean to him and tell him what's happening I'm afraid. He has to appear in court on Friday so he needs to get prepared himself.

 

I can't give any practical advice but just wanted to offer a shoulder to cry on.

 

[Giddy Kipper]

Ell-enn, I'm just doing the budget sheet now and obviously, some costs are estimated ie: car repairs because they don't happen every month. In terms of wages as well, my partners wage does vary but the figure I'm using is average of what he should receive every month (it could be more than this) and with my contribution, I've been pessimistic; only using a figure I know I can definitely contribute. Will we have to back up these figures for Friday or will the budget sheet be sufficient for the judge? HELP!

[Ell-enn]

Usually the budget sheet is sufficient for the judge. Let me know when you have decided on a figure you can afford to pay each month towards the arrears (in addition to the normal monthly payment).

 

 

Ell

[Ell-enn]

Hi there. Affixed is your statement for court. You will need to enter the information where I have put XXX's in the top part (remove the XXX's). You will get the info from the court papers you were sent.

 

On the top of the budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Affix the budget sheet to the statement.

 

You will need to take a photocopy of both pages before you hand it into the court as your partner will want one with him on the day to refer to.

 

Any questions, just shout.

 

Ell

Giddy Kipper statement.doc

[Giddy Kipper]

Thank you so much Ell-enn for all your help and advise. If I don't post for a couple of days, it's because I'm dealing with the fallout but I will let you know what happens on Friday.

[Ell-enn]

OK, good luck - I hope you and your partner come through this together, after all it's not just your responsibility it's his too. Let me know how your difficult discussion with him turns out - maybe he'll take it better than you think when he realises the distress you've been in by keeping it all to yourself while dealing with the demands of a new baby.

 

Ellx

[Ell-enn]

Hi there, afffixed are the details of the Norgan case law which we used in your statement.

 

Print off and get your OH to read it, also take a copy with him on the day. It's just for your reference DON't hand it to the judge or anything.

 

Ell

Cheltenham & Cloucester v Norgan.doc

[Giddy Kipper]

My OH has just rung me to say the judge voted in our favour and said an additional payment of £100 would suffice! I can't thank you enough Ell-enn. He didn't have to answer any questions whatsoever, the judge just criticised GE for being willing to take the maximum we could afford under the current climate conditions.

 

Obviously we have to make these payments but thanks to you, we can sleep easy in our beds.

 

THANK YOU from the bottom of my heart

[Ell-enn]

That's WONDERFUL news - I'm so pleased for you. Hope your OH didn't find it as bad as he thought it would be and glad to hear the judge gave GE some stick:)

 

Hope you can now relax and enjoy your home and your baby.

 

Ellx

[Giddy Kipper]

UPDATE: We have heard nothing from GE (In writing) but today I took a call from them. The man was quite rude with me and asked me to get my partner to call him. When I asked who he was, he wouldn't even say it was GE, simply said he would know!

 

Now, two things: One is that when my partner rang them, they claimed to be checking what had happened on Friday because they hadn't heard anything. Do they not work in the same building as their solicitors? When my OH told them, they made notes and said that interest was accruing daily and could we make more than £100 extra every month? The second thing is that he also asked about switching to an interest only mortgage. This would free up money to pay other outstanding debts. They said they would look at it but would recommend we pay the extra towards clearing our arrears and would only allow interest only for 6 months.

 

I am really annoyed because I know it was a ploy to get more money than the courts ruled. Should we take it further and are they correct in the 6 month rule? Surely the courts wouldn't look favourably on their tactics?

 

No urgent advice needed but just wondered where we stood.

 

Thanks

[Ell-enn]

Unbelievable the only way your payment can be changed now is by the court and they know that! Any additional payments would be made at your convenience not theirs!

 

Carry on paying as per the court order, they can't do anything about - if they want more money they'll have to go back to court, and if you've been paying as per the order they won't get any more.

 

Honestly! they are sooooo maddening.

 

Ell

[Giddy Kipper]

Can they stop us changing to an interest only mortgage with them? And if not, can they stipulate how long for?

 

I'm not worried about them, it's just so annoying!!

[Ell-enn]

Unfortunately it's their decision whether they change the terms of your mortgage

[theotherside]

UPDATE: We have heard nothing from GE (In writing) but today I took a call from them. The man was quite rude with me and asked me to get my partner to call him. When I asked who he was, he wouldn't even say it was GE, simply said he would know!

 

Now, two things: One is that when my partner rang them, they claimed to be checking what had happened on Friday because they hadn't heard anything. Do they not work in the same building as their solicitors? When my OH told them, they made notes and said that interest was accruing daily and could we make more than £100 extra every month? The second thing is that he also asked about switching to an interest only mortgage. This would free up money to pay other outstanding debts. They said they would look at it but would recommend we pay the extra towards clearing our arrears and would only allow interest only for 6 months.

 

I am really annoyed because I know it was a ploy to get more money than the courts ruled. Should we take it further and are they correct in the 6 month rule? Surely the courts wouldn't look favourably on their tactics?

 

No urgent advice needed but just wondered where we stood.

 

Thanks

 

Ok, 6 months interest only is the maximum time you can have as a temporary interest only mortgage with GE. You were offered this so you could reduce your monthly payment but still make the court order of £100 on top so you had money spare for a few months to pay other things.

 

It wouldnt have been done to get more money out of you, it was a suggestion to help:)

[Giddy Kipper]

Thanks for the reply but their comment was whether we could afford to pay anymore each month BEFORE we asked about interest only. Then after saying they would look at it, they asked if we were willing to pay anymore if this was the case. They didn't offer interest only.

[theotherside]

Thanks for the reply but their comment was whether we could afford to pay anymore each month BEFORE we asked about interest only. Then after saying they would look at it, they asked if we were willing to pay anymore if this was the case. They didn't offer interest only.

 

Did you go for the interest only option?