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janis6670
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I have been struggling with my mortgage with ge money for years and now they are about to arrange an eviction date. Present monthly payment is around £950 with arrears of around £17000. I cannot lose my home. I have offered in writing to make payments of £1200 per month but fear this may be rejected. They always want to negotiate by phone but I prefer to keep things in writing. Please can someone help

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I have moved this to the repossession forums for some help

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have they already taken you to court for eviction?

did you send your proposal by special delviery?

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Hi janis6670

 

There is quite a lot you can do to make your case, some of the other guys and gals know more the I do and will help with there expert knowledge,

 

a link to some info in the meantime:-

http://england.shelter.org.uk/get_advice/repossession

Edited by IdaInFife
link removed :)
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Hi,

 

My understanding of this is that you will need to fill out form N244 and take to court to get the eviction suspended. You are in a position to maintian the normal monthly payments and make an additional payment towards the arrears - it's unlikely that a judge will grant repossession in those circumstances. When Ellen picks up this thread she'll help with the N244. When is the eviction date? You're right to keep things in writing and not to discuss on the phone.

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sorry about the lack of response. I have been trying on my own. i dont think that formN224 applies in scotland. I don`t have adate yet but expect one in the next few days..They have rejected my proposal and expect full payment of my arrears and added charges totalling now over £20000! My daughter has bad epilepsy and is being affected by the stress. I have informed them of this and they have requested medical evidence which I have sent.

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It sounds to me that they are being totally unreasonable. If you can offer to pay the normal monthly payment and something towards the arrears and can show that this is affordable with a budget statement for the court I cannot see a judge granting repossession. You can challenge the charges - £20,000 sounds crazy! I don't know if N244 applies in Scotland I'm afraid, but there must be an equivalent process. Stay positive.

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It sounds to me that they are being totally unreasonable.

 

It's a bit too early to make that statement pubman1. Until we know if this has already been to court and an agreement to accept arrears payments was made and has not been adhered to, then we can't judge the company.

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you said you were are court about 2 years ago.

 

was this for the mortgage - were they trying to get a repossession order?

 

was it stated at court how much you would pay to the arrears?

 

edit: you stated yopur latest offer was rejected - did you send this by letter or phone

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yes it went to court about 2 years ago for ?calling up . The court had nothing to say about amounts or repayment arrangements. I came home yesterday to find a final notice for eviction on friday 24th september. Is there anything I can do?? I did send my last offer by post to which they replied that whilst never refusing offers of payment they would require the full amount of arrears and charges to be repaid to stop the process.

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ok I have founf out what our equivalent of the n244 is up here - we apply for a section 2 order

 

I am assuming it was called to court but you agreed to a payment plan with the lender direct.

 

Unfortunatley i cannot locate this court form as i am presuming it can only be lodged via solicitor - your local cab can direct to you alocal one or you can use the law society.

 

I will keep trying to see if this can be done yourself but in the meantime if you look at the other threads you will see ellen has posted a budget sheet - i suggest you fill this in and keep a few copies

 

ida x

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Janis, as you are in Scotland try ringing the Govan Law Centre - http://govanlc.blogspot.com/

 

even if you're not in their area they can give info over the phone as to lodging the form at court. I did a Secton 2 form last year for someone - I'll trawl through old repo threads and see if I can find it (it's not on the Scottish Court Service forms section for some reason).

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Hi there, it wasn't a section 2 application I did, it was a different kind of debt. You might want to read this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?199046-Notice-of-ejection-Repossession-in-Scotland

and contact Shelter Scotland they will be able to help you.

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yes a reponing note is to let the case be heard again if you failed to attend the original hearing and allow the sols to dela with it

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yes a reponing note is to let the case be heard again if you failed to attend the original hearing and allow the sols to dela with it

 

My eviction has been cancelled tomorrow. Just had a voicemail from the law centre so dont know any more detail at the moment but at least i can sleep tonight. I will post again when I know what the next step is.

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Excellent - that must be such a relief to you.

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  • 2 months later...

Just thought I would update my thread for any other unfortunate Ge customers. they let my reponing note go ahead and I thought that would be the end of my decree, but then they decided to go for a full evidential hearing, all the time refusing to negotiate an offer of increased monthly payments. However, due to the Supreme Court Ruling and 2 days before the evidential hearing, my wonderful solicitor told me that the calling up notice served did not expire and the lener was now willing to accept my original offer of monthly payments. They also agreed to no costs to either side. Good eh?

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Excellent:-)

Help us to keep on helping

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This site is run solely on donations

 

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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great news

 

jsut for reference for anyone in scotland reading this as well

 

http://govanlc.blogspot.com/2010/11/glc-predicts-major-shockwaves-for.html

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