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GE Money REposession hearing


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Can anyone help. i have been to court this morning, the hearing has been adjourned for 3 weeks. The story so far.

 

I have a loan from November 2007 and matures in November 2012. I have arrears to the sum of £3000. The initial loan was for £5500, i have currently repayed £7685 and the original amount including interest if i hadnt got in arrears is £7937.

 

Now, i have got the FOS involved in July 2012 as i have over £2500 in charges, administration fee, direct debit recall fee, solictors fees, default fee's. I called them today and they havent received paperwork, i am sending this again today. Ok what the DC has decided today is to adjourn for 3 weeks, and i have to put a full witness statement to them with 7 days.

 

Firstly. do i have a claim with the dis proportinate charges and interest.

Secondly how do i do a full witness statement.

 

Can someone please help?

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Is this the first stage repossession hearing ? are you able to make any payments at all towards the account?

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Did you send the paperwork to the FOS by recorded or special delivery so they have to sign for it?

What is the outstanding balance on the account ?

Were you in court today defending an eviction warrant ?

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was in court they have adjourned, so no order as yet, i have to submit full witnesss statement, how do i do that?

 

Yes, I understand that - but what were you in court for? did GE issue an eviction warrant? was it a restored repossession hearing?

 

You'll have to give quite a bit more information before we can help you with the witness statement.

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Ok, i was asked to goto court in May this year, GE money stopped the hearing with a view to restoring it, which they did, It was a reposession hearing, i have disputed all the arrears as these are all the admin fee's etc. So he has adjourned they hearing for a further 3 weeks, and i have to get a full witness statement to them in 7 days time.

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Ok, i was asked to goto court in May this year, GE money stopped the hearing with a view to restoring it, which they did, It was a reposession hearing, i have disputed all the arrears as these are all the admin fee's etc. So he has adjourned they hearing for a further 3 weeks, and i have to get a full witness statement to them in 7 days time.

 

 

OK I understand now. Why did they cancel the hearing in May?

 

When you say the arrears are made up of fees etc do you mean there are no missed payments on the account?

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OK I understand now. Why did they cancel the hearing in May?

 

When you say the arrears are made up of fees etc do you mean there are no missed payments on the account?

 

Ok i have various levels of arrears since 2008, however cleared them, and of december 2011 there was no arrears, i got into a financial mess at the beginning of the year, i have made no payments this year, so the arrears stand at £2144.46. total to repay £ 3237.50

 

Loan £5500

Total to repay loan £7937.40 ( If all payments had been made on time )

Paid £7684.56

 

Charges total £2553.98

Interest charged on account £2487.75

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OK, I can help you with a witness statement, but in order to do so I need the following information:

 

1. Is the mortgage in your name only?

2. Are there any children living in the property?

3.How much are the monthly payments on the loan?

4. Do you have a statement showing how much you've paid and the charges applied to the account?

5. Are you in employment?

6. What caused you to miss payments from the start of this year ?

7. Did you send the documents to the FOS by recorded delivery? if so have you printed off the signature receipt ?

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OK, I can help you with a witness statement, but in order to do so I need the following information:

 

1. Is the mortgage in your name only? Yes its a second mortgage

2. Are there any children living in the property? i have my daughter who is 19 ( mental illness) Father who is poorly

3.How much are the monthly payments on the loan? They want £341.09 starting September still wont clear they actual loan

4. Do you have a statement showing how much you've paid and the charges applied to the account? yes i do

5. Are you in employment? Yes Full time

6. What caused you to miss payments from the start of this year ? Financial problems

7. Did you send the documents to the FOS by recorded delivery? if so have you printed off the signature receipt ?

I didnt, but they are being resent today by recorded delivery
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6. What caused you to miss payments from the start of this year ? - Financial problems - you'll have to be a bit more specific than that for the judge

 

Have you done a budget sheet? you'll need to send one in with the Witness statement so the judge can see what you are able to afford. I have affixed the one we normally use in these cases - it calculates automatically as you fill it in. Let me know when you've completed it and I can start work on the witness statement.

 

Make sure you keep a copy of the letter and documents you are sending to the fos - also keep the recorded delivery postal receipt in a safe place so you can check on the royalmail website in a few days to print of the signed for receipt - it is very important you do this so you can prove that you have sent it and they have received it - you will also need the copies to go with the witness statement.

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OK, do you have any proof of being off work? anything to show you were in hospital?

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Anything that proves you were ill for a period of time and didn't get paid would be very useful.

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OK, catch up with you later

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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 Elll-enn, I have further read my notes from my court hearing, and what the judge is requesting that i expalin why i think the arrears should be lower on what GE are stating, any advice please?

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