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GMAC reposession got to get out on the 8th april oh my god!!!!!help!!!!


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Hi all

I rellay need help asap. got a reposession order last night at 5pm from our local court, we are being evicted on the 8th april (next b****y tuesday) through no payments of arrears, they now stand at just over £5000, what happened is that last year we were in court for the arrears, we agreed to an extra £50 per month, which i may add the judge did not want us to pay, making our monthly payments at £465.69 per month.

We struggled with this due to me being on lonmg term sick then me and hubby being in a car accident, he did not get any pay apart from SSP which was about £54.00 per month.

Told GMAC about this they did not care, they asked for a letter from hubbys GP which we did send, they still did not care?

 

Basically i have been so stressed about it all, last week nearly had my gas and electric cut off and the water, sorted that now this.

 

In January 2008 our 2 year deal ended with GMAC from DEC 07 we have been trying to remortgage as monthly payments are now at £572.00 :shock: we could not afford the £465 let alone anymore, we got a mortgage £60 cheeper per month but only got £84000 but - £2000 charges so we got £82000 to give to gmac, but guess what got the redemption and we owe them, £89560, there is over £7000 charges on the statement we only owe them £82000.

Home was valued at £105,000 and not the £115,000 it was may 2007.

Rang GMAC asked if they would accept the offer of £82,000 rolling about laughinmg was the answer, not a chance in hell, was the reply from the nice young man....what the hell can we do.

Then as explained knock knock on the door last night, telling us we have a week to get out of our home?

 

I rang shelter they can not see me but told me to fill in N244, which all details and evidence of what has been happening, took this to the court first thing this morning paid the £35 fee and we got a hearing tomorrow at 12pm, but they are packed out and could be waiting for a few hours.

 

I need some advice as to what to say? can someone tell me what else i can add to the judge, the judge last time was great and TLT solicitors who were there for GMAC had a battering, the judge hated him, he was so horrible, i have asked if the arrears can be added to the loan amount, as we have 23 years left in the mortgage term and also about £25-30000 equity in the house, theywould not accept this last time though, so what happens if they won;t again? we can make the £517 per month it should be, oh god i have had enough, we DO NOT want to sell this house, we have fought tooth and nail for it in the past, all due to a secured loan from HFC 4 years ago this started, we are getting them with miss-sold PPI, which i am enjoying they owe us about £8000-9000 if we could get this back we would be fine?

 

Any advice please thanks :Cry:

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Don panic you need to make an aplication for the possession order to be suspended how much have they put on in penalty fees , you need to go to the court and make your application and get a hearing date before next tuesday Some one will come on this thread with more knowledge than me to fill in the form but if you have a mortgage offere and if you have equity it should give you some breathing time stay calm were hear to help

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thanks Bona

 

already put the application in got a hearing tomorrow at 12pm, i just hope i filled in the form right, i did explain the mortgage offer and the fact that hubby had an accident and that the mortgage payments went up in Jan 08, i put in an expenditure form all my billes council tax etc, everthing og god i just don;t know what to say in court tomorrow?

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Try to point out that a large chunk of the deficit is an early repayment charge - the judge may force them to stop this... hopefully as he can see your circumstances changed with the sickness you still managed to pay them.

 

They really are a nasty lot - they repossessed me but they claim there is a £3000 shortfall - I've told them I'm going for charges and the ERC which becomes invalid as I clearly didn't remortgage and it's all gone quiet their end.

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Thats good news at least - GMAC are in difficulties and are going for everyone in an aggressive manner - in fact they have withdrawn more than half of their 'products' from the market in the last few weeks.

 

What you now need to do is check that everything on your income and expenditure form is crossed with N/A (for not applicable) otherwise some smart person might change the figures (their so called debt counsellor said I had £400 a month car expenses and I don't own a car nor do I drive). Also take copies of everything so you can have them ready in the court. I bet you get on of the 'solicitors for rent' on your case who only have the details the day before...

 

If you need any more help on what to put on the forms just shout - I know I got reposessed but it wasn't by GMAC, but the second charge company, who are now also not in the mortgage business....

 

Do you and your hubby have children because that can be taken into acccount and changes things with the court.

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hi sillygiel1

 

No we don;t have kiddies yet, i say yet until we get back on our feet i think it's cruel to have them, poor sods, i'm just so stressed and emotional i can't stop crying, what will the judge think of me tomorrow?

oh god i hope we will be ok, we were only give a week to get out is this right?

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Usually its six weeks, but they sound as if they are going for the jugular. Mention to the judge that you have been trying to renegotiate due to changed circumstances but they won't listen. It is NOT down to the judge on the day of hearing, they can stop the eviction process at any time but don't.

 

There should be a court helper there who can go in with you, the judge won't think anything less of you if you are clearly upset, just listen to what they say, contradict anything the other sides solicitor comes up with - especially as there appears to be very little equity in the property now and you may buy yourself some more time. There are no guarantees here and hopefully some common sense will show itself.

 

Don't talk to the other sides solicitor outside the court, just state that you have been trying to negotiate out of court and now you want it taken into the court. They just like to intimidate you further... you will probably find they have a very young first or second year out of law school person on their side, very easy to make them look silly - I've had a few solicitors told off in court now and it is quite satisfying...

 

I will be back at work tomorrow and will keep an eye on the site to see how you get on... what court are you going to?

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Hi sillygirl1

 

It's aberdare court in south wales, the last time we went to court with GMAC it was tlt solicitors, and the judge wiped the floor with him, he was a jerk, everthing the judge said he would refuse to accept, or dis agree, the judge really got his back up, shelter could not believe it, nor me. I hope we get the same judge, as he hated sub-prime mortgage companies, he told me he did...lol..

It's the unknown that's killing me, my mum and hubby mum are in bits trying to think of things to say to us?

Its the shame of it all, i can't believe what is happening, and for genuine reasons as well, oh life is cruel? thanks for the help and i'll post tomorrow if we do get evicted 6 weeks is better than a few days?

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Hi there, don't panic - I will write you a statement to take to court tomorrow.

 

I'll be back in half an hour or so. You have a good case to have the repossession stopped, judges generally hate these subprime lenders and I'm sure he will come down on your side. I have been involved in helping people keep their homes, even on the day eviction is supposed to take place - so it can be done.

 

Kind Regards

 

Ell-enn

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I know it can seem shameful and cruel but there are more and more 'ordinary' people ending up in this situation now than before and I think the courts are going to crack down on lenders who have taken cases to court when clearly mediation could have helped.

 

If you do get evicted the judge can 'stay' the eviction until you find alternative property, I don't know what your local council are like, mine was useless, they did come up with a garage to store my stuff in but didn't want to rehouse me... great!

 

I am now in my sister's boyfriends flat and enjoying NOT having to spend every penny I earn on mortgages and bills. I am now earning better money than before as well so could have kept up repayments easier... but life has ways of throwing wobblies every now and again...

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Hi ell and sillygirl1

 

no we don't have children?

I've already completed the N244, as we went the first thing this morning, i just put down what had happened in the past few months and what we could afford now, i asked for the arrears to be added to the mortgage amount, and we would pay the £517 per month, and if needed pay someone of the arrears, but we are praying we can just pay the monthly amount, then we will get another mortgage somewhere? god know where

I just need help in what else i can add when we have our hearing tomorow

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Hi there, I've sent you a PM. I've also amended my post as I didn't read that you had already submitted an N244. I can write you a statement to take to court tomorrow, will need to ask a few more questions though. I've been involved in helping people with their court documents even up to the day of eviction and they have kept their homes. You have a good case - try to stay positive and stay online if you can.

 

Kind Regards

 

Ell-enn

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I was in court yesterday with GMAC and £12k of mortgage arrears. It's not pleasant. Their solicitor was on the aggressive side and would not budge an inch. However, I was saved by the judge and his knowledge of a new protocol for mortgage lenders due to be adopted in October, but he said was already in use. Basically it says that mortgage lenders have to be more amicable to those with arrears, and do everything possible to avoid litigation. As I had offered several solutions to GMAC that had been flatly refused, the judge saw this as a sign of my good faith and GMAC's lack of interest in solving the situation. I got another two months which is plenty of time for me to refinance. You can read the protocol at: Civil Justice Council - Publications

GMAC's solicitor said after the hearing to me "it's not personal". Flippin' nerve of her. My best of luck to you.

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Hi there, what documents can you take to court with you tomorrow?

do you have a copy of the mortgage offer you had?

do you have anything which shows the £7k of charges GMAC have applied to your account?

Do you have a copy of the doctor's letter you sent to GMAC

When was the last payment and how much was it?

Have you offered anything towards the arrears on top of the monthly payment on the N244 form you submitted?

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Basically it says that mortgage lenders have to be more amicable to those with arrears, and do everything possible to avoid litigation. As I had offered several solutions to GMAC that had been flatly refused, the judge saw this as a sign of my good faith and GMAC's lack of interest in solving the situation. I got another two months which is plenty of time for me to refinance. You can read the protocol at: Civil Justice Council - Publications

 

Great Stuff Johnsosu - we'll use that!!

 

Kind Regards

 

Ell-enn

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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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Hi there, what documents can you take to court with you tomorrow?

do you have a copy of the mortgage offer you had?

do you have anything which shows the £7k of charges GMAC have applied to your account?

Do you have a copy of the doctor's letter you sent to GMAC

When was the last payment and how much was it?

Have you offered anything towards the arrears on top of the monthly payment on the N244 form you submitted?

 

Kind Regards

 

Ell-enn

 

Hi ell-enn

the mortgage offer - no it's still with my FA and i cannot get hold of her

yes the 7K of charges the court have been given the original and a copy for GMAC it's the mortgage redemption statement

yes i have a copy of the dr's letter, but i forgot to put this in with the form, but i will take it tomorrow

the last payment was November ? i know it's looks really bad-but we have been in touch since then

yes we have offered the £50 as agreed last year, but that was for the lower monthly payments then, but if we have to pay that amount then we will have to, i'll do anything i'll live on beans on toast for a year.

I asked the judge to either add the arrears to the mortgage as we have 23 years left, or to pay the £517 + £50 a month what do you think?

My worry is that the judge will say well you could not afford the money before, so how will you pay this time around, but my hubby has a better job now, and we will go from them as soon as all this is over and i'll be claiming the charges back cos this is amounting to thousands now?

 

What do you think

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Right, I'll put all that into the statement - it would be a good idea to offer the £50 per month towards the arrears - we can ask the judge to consider the Norgen case whereby the arrears can be spread over the remaining time of the mortgage.

 

I will send you the statement and you will need to fill in the parts I have highlighted in blue. You will also need to affix the documents you are taking and mark then as Appendix 1,2, 3 etc . you should write the case number in the top left hand corner of each appendix and the appendix number in the top right hand corner (you'll see what I mean and which document is which appendix when I send you the statement). You will need to take 3 copies of everything with you tomorrow - are you able to get to a copier or does your printer make copies?

Just got to have dinner, but should get it to you by 8 o'clock.

Hold on and stay positive.

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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GMAC are repying penalty charges people on this site have had them back they have paid me back my ERC and a lot in costs If you look under gmac in the search engin you may find people you can quote where GMAC have settled out of court the costs so if they owe you that much tell the Judge yoou wouldnt be in arreas how amy times have you been to court with them

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Hi Bona

 

we have been about 4 times all in all, but once they did not turn up, there's thousands in charges every month we get £50 for arrears and then £25 for non payment of DD, and that's been for over a year, without everthing else on top, i'll use that in court tomorrow.

Oh the future seems a bit brighter after coming on her today thanks everyone

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Just beware after about the 6th time they get there big guns out, who are the solicitors, hopefully they will use a local one but who do you correspond with also beware they will tell the Judge you are in arreas for more than you are they add solicotrs costs and any payments due this month if it is more than you are expecting say so and disagree with them and ask for a breakdown its important that you querie these things because what they says isnt always what is correct

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Just one more thing (nearly finished) - do you have any correspondence from GMAC where they have refused your offers or suggestions for payment of the arrears?

 

Ell

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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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