GE Money have started possession proceedings - Please help

[johnw66]

I requested SAR from GE Money on 23 March.

 

But today I received notice of possession proceedings and don't know what I can do.

(I have 1656.75 arrears with one of them GE Money).

 

I was the main earner but became unemployed 4-5 years ago due to illness. I have been registered disabled for nearly 3 years know.

 

They have also been charging £40 for being in arrears on a monthly basis.

 

The most we could scrape together would be the monthly payment but they are demanding that I pay significant arrears payments on top of that.

 

The lady on the phone also said if I do manage to agree a payment plan they want to know where the extra money would be coming from.

 

We have a mountain of debt.

 

I don't know what to do. I would be grateful for any advice.

 

If am I going to lose our home would I be better to go for Bankruptcy?

[ims21]

Hi and welcome to CAG

 

I've moved your thread to the home repo forum where you will get the right kind of help

[johnw66]

Sorry for the mistake and thank you

[citizenB]

You say they are starting possession proceedings.. have they actually taken you to court on the original debt ?

 

Will flag your thread for someone who can help.

[Ell-enn]

Hi, given your circumstances it would be a good idea to contact your local housing authority and make enquiries about the mortgage rescue scheme. Have a read of the info on this link http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Mortgagesandrepossessions/DG_174005

 

Have you actually received possession claim papers from your local court ?

[johnw66]

Thank you for your advice. Not received any papers yet, just this letter:

 

[citizenB]

Thank you for your advice. Not received any papers yet, just this letter:

 

[ATTACH]34657[/ATTACH]

 

 

Your image is too tiny to read.. can you please follow the instructions below to upload

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[johnw66]

Hope this one is better.

GEMoneyLetter.pdf

[citizenB]

Yes, it is, thank you. I am sure someone will look in on you soon.

 

[Wintry]

I requested SAR from GE Money on 23 March.

 

But today I received notice of possession proceedings and don't know what I can do.

(I have 1656.75 arrears with one of them GE Money).

 

I was the main earner but became unemployed 4-5 years ago due to illness. I have been registered disabled for nearly 3 years know.

 

They have also been charging £40 for being in arrears on a monthly basis.

 

The most we could scrape together would be the monthly payment but they are demanding that I pay significant arrears payments on top of that.

 

The lady on the phone also said if I do manage to agree a payment plan they want to know where the extra money would be coming from.

 

We have a mountain of debt.

 

I don't know what to do. I would be grateful for any advice.

 

If am I going to lose our home would I be better to go for Bankruptcy?

 

 

Hi John

 

I have had a read through the letter from GE Money - this is not court possession papers

 

A basic guide below as to what will happen from now based on the limited info you have provided to date.

 

You will next get sent notice of a possession hearing date and particulars of the case (possession claim) from the county court. The hearing date will probably be around 6 to 8 weeks from the date on the GEMoney letter.

 

Usually when it has reached this stage GE will follow through with the possession hearing unless you can clear the full arrears.

 

At the hearing (in front of a District Judge) there will be a rep / solicitor from GE Money who will more than likely push for a possession order if an offer of full contractual mortgage payments plus an amount to clear the arrears within a reasonable time / remaining term of the mortgage is not made (even then they might still push for possession) At the hearing you will have the chance to offer proposals and state your case / objections with the District Judge making the final decision.

 

(Taking the above into account) between now and the actual hearing date you will have chance to negotiate some sort of payment plan with GE and depending on this you may get them to accept. If an agreement can be reached pre hearing then GE may contact the court and inform them meaning you might not have to attend the hearing.

 

From the limited info you have provided so far it does not look like you will be able to offer anything towards the arrears and based on that then the judge would probably make a 28 day possession order. If a possession order is made it does not mean you have to leave your home as GE would then have to apply to the court for a notice of eviction (this can only be obtained after the 28 days have elapsed). If it gets to the stage of an eviction warrant being issued (notice of eviction) then you can still apply to court for hearing to try to stop or suspend it, but you would need to have realstic proposals / offer etc.

 

GE Money & the District Judge would almost certainly want to see a realistic and sustainable Financial Statement to back up any offers / proposals made.

 

As another poster has put best to contact your local authority housing section to discuss possible re-housing options (under the protocol GE Money should inform them if possession proceeding are implemented) and the Mortgage Rescue Scheme is always worth a look.

 

On the plus side (if that is the right thing to say) you should have 2 to 3 months before it reaches the eviction warrant stage.

 

All is not yet lost as you may have a number of options, but time does tend to go quickly in these type of situations, so best to act fast and prepare.

 

The CAB link below on mortgage arrears might help you understand the process and possible options further and on the information you will likely need to provide when getting advice / representation (bottom of page)

 

http://mymoney.nedcab.org.uk/moneyadvice/mortgagearrears.asp

 

In my opinion much more information is needed before anyone could safely and sensibly guide you any further on the mortgage situation or bankruptcy - the links below may give you some insight into dealing with your overall debts long term.

 

https://www.mymoneysteps.org/

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

http://www.cccs.co.uk/

 

Have a good look through the above and if you can come back to us with further information as I am quite sure there are people on here who can help you further.

 

If you are in any doubt about anything always best to get full independent specialist advice.

 

Best Wishes

Edited April 8, 2012 by Wintry

[gemspan]

They're trying to repossess your house for arrears of just over £1500!!!!! That's appalling.

 

I would get in touch with them immediately...send the letter by recorded delivery. Ask if the arrears can be added to the end of the mortgage. With that amount of arrears the difference in mortgage payment will be negligible. These sub-prime lenders are really disgusting!

 

You need to see if this figure includes the £40 charges they are adding each month....because you should claim those back. GE has been fined by the FOS for adding these costs.....

 

Good luck. I think you have a good chance of keeping your home.....are the DWP paying your mortgage for you?

 

Gemspan

[johnw66]

Thank you for all the advice.

 

Received a phone call today saying that because there is only 7 months left on the secured loan they demand £411 per month otherwise they will go for possession.

Then when I said there was no chance of that they said that they only went for possession because I had not sent in a medical report and if I send in a medical report then they would halt proceedings.

[johnw66]

How can i update the message tag?

[ims21]

How can i update the message tag?

 

Do you mean the thread title?

 

If so I'll do this for you......looks like this issue is resolved?

 

ims

[johnw66]

Thank you.

It is when you state Tags (ge money repossession)

for your initial posting.

 

I should've done it right at the start.

Wanted to add: court, possession, default, secured loan

 

Many thanks

[ims21]

Ah ok

 

Sadly I am one of the non-techies....I'll see what I can find out for you.

 

ims

[citizenB]

How long will it likely take for you to clear the arrears at an amount you CAN afford ?

[johnw66]

As the loan is due to end in 7 months they want the amount paid by that time £1709ish arrear would take at least 24 months to pay due to other debt.

[tigerf999]

I would ask G E Money for a breakdown of charges, claim these unlawful charges and use these to pay of the debt. I had a similiar situation, and have told them using a template letter on here asking for over £2000 in charges and interest on these charges of over £500 or I would be taking them to court. The first letter I received offered me £1200 as a goodwill gesture, I'm gunning for em now and have responded by asking for the lot plus interest, I chased them up today after requesting where my response was after 44 days of no response, as i also asked GE money for a SAR. They kept saying sorry and said a final response was being sent out and they are working on the SAR. Watch this space.

Edited April 11, 2012 by tigerf999

[citizenB]

Are these companies not bound by the same kind of regulations as 1st mortgage suppliers ?

 

It was my understanding that they should be able to offer an extension or some kind of "forbearance" the amount of arears seems pitifully small to proceed straight into a repossession scenario ?

[johnw66]

Good luck Tigerf999 I look forward to hearing how you get on.

 

CitizenB I will read up on the regulations.

 

I am awaiting a letter from my Specialist at the hospital with regards my illness and will then send GE Money a copy as they request.

 

Thanks everybody for your help.

 

Any further help/advice will be much appreciated.