GE Money underhanded repossession

[umvubu]

Hi ell enn

Sorry for sending this directly but not too sure how to start a thread

 

Let me start from the beginning back in Dec 2008 I was made redundant and missed payments to GE Money (unfortunately I have my mortgage through these people), they hounded me constantly with phone calls over the 4months I was out of work, however I always explained my position. I was offered a job within a few weeks but failed the medical due to high blood pressure so medication took 3 months to work. But I started in March.

They said that they would go to court for possession of my house this was standard procedure( this was in May after I started work) they also said if I paid an agreed amount then this would not happen.

I foolishly believed them and about 4 days before the court hearing I received the court papers, i Phoned again they said I did not have to attend as I had stuck to my agreement. (Foolish me).so I now have a suspended order on my house

 

I now have fallen behind again since this lovely government has stopped my children's tax credits all 500,00 pound a month, I now owe 2900.00

and they are threatening repossession again.

 

I had previously complained about their bank charges and they offered a refund which was short all the interest they charged and survey fees and such, and I have a ppi claim in process with the FOS which they denie is their doing. I refused the offer but they paid the amount into my account anyway so I requested and received a Dsar.

 

Reading through the dsar in the phone conversations it actually says that they told me it would not go to court!!. I also have a letter dated one month after the court case stating that they were going to apply for suspended order?(June 09)

 

After reading many of your posts I have sent them a statement of intended payments and the budget sheet, they are not accepting my offer and are going to proceed with the repossession.

 

Could you please help me with the n244 form do you think I should mention about the underhanded way they got the suspended order the first time round

As I have proof this happened, also the charges and ppi

 

Sorry for the war and piece

regards Umvubu

 

ps. i have not had a warrant yet just the threatening letter from GE

[Ell-enn]

Hi there, it's best to wait for the eviction notice as the fee for the N244 with them be £45 instead of £90. Do you have a copy of the letter you sent offering payment and have they refused your offer in writing?

[umvubu]

Hi again

 

Yes I have a copy of the offer and budget sheet I sent them.

[umvubu]

Forgot to mention no refusal letter from them yet only verbal said they had sent a reply on the 13 th but have not got this yet.

[Ell-enn]

OK, in the meantime make copies of your letter offering payment + budget sheet and also a copy of the SAR information stating they told you it would not go to court - you will need to affix these to the N244. Once you have the eviction notice we can start on completion of the N244.

[umvubu]

Ok Ell enn

 

also noticed a letter from June stating that my monthly mortgage payments have increased as they have

added £2294.92 in fees to my account. for saying they reimbursed me my fees end of last year (without my permission as i deemed the figure inaccurate) i would like to know how much they charge!!

 

i have all copies you have mentioned, but i still worry.

these are very nasty people to deal with and i dont think they know what they

are doing which makes this all very confusing.

 

but thank you for your help and advice

[umvubu]

Hi all

I have received 2 letters today one from simply law stating they are applying for a warrant for possession, this law firm resides at the same address as GE Money.

 

A second letter from GE Money refusing my offer as we have not stuck to the agreed payments and they have tried 59 times to set up a payment scheme also that we did not clear the original amount agreed by the judge in 2009 (that will be the court case I was told would not go ahead)

 

I have missed slot of payments over the years but then again I have made a lot of extra payments over the years the amount of arrears hardly goes down with all the charges and interest added on.

They want me to phone them to discuss my options, yet they have refused my offer and have told me they will only accept full payment of 2900ish so what's to discuss

 

I am sure I paid enough payments to clear the balance in 2009 can they take my payments for charges and interest first?

 

Your help would be much appreciated

Do I reply to the solicitors?

[umvubu]

Hi all again

 

Just wondering should I send any information to their solicitors?

have not heard from the court yet but I'm sure it won't be long

[umvubu]

Hi all

Just received an eviction notice for the 11 Oct

Can I please have some advice in filling out the N244 form

And any other advice you have,

Thanks

[Ell-enn]

Hi, I'm busy today with family etc but can catch up with you tomorrow. In the meantime have a read of my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession where you can download the N244 form and budget sheet (second post of the thread) and also see examples of how to fill in the form and write a statement to go with Q10.

[umvubu]

hi all

 

do i mention on the N244, that the last time i was taken to court i was told there was no need to attend by

Ge money? as i had an arrangement with them.

my payments have not been regular and i am behind by about 2650.00 also i have evidence

they have been putting charges directly onto my mortgage increasing the total every month i believe this

is not allowed.

i lost my childrens tax credit last year and phoned and asked for a mortgage holiday or interest only payments

and they refused on both evidence on that too.

 

do i use all this as i do not want to bombard the judge?

 

thanks

[Ell-enn]

What are you saying to convince the judge that you can now afford the normal monthy payment plus an amount towards the arrears?

 

You say they have added the charges to your mortgage? do you mean the monthly payment or the total outstanding mortgage ?

[umvubu]

monthly payments

[umvubu]

hi again

i was thinking of explaining that the sudden loss of our children's tax credits (6K per year) has hit us hard and that

i did phone GE to ask for a break or interest only, they said no.

fortunately my daughter has started full time work and can pay £100 per week to contribute.

i did send a budget sheet to GE offering extra £150 ontop of normal payments and i have paid an extra £250 this month

but they have refused.

 

could you please advise how i should word this on the N244 form.

many thanks

[Ell-enn]

Hi, did you read the information in the link I gave you in a previous post - it shows how to set out a statement to go with Q.10 of the N244 http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession#

 

I am at work at the moment but will try and look back in later.

[umvubu]

Yes I did read it very helpful

I have submitted the form today explaining that I can make contractual mortgage payments

Plus additional payments, I have included the letter of offer and budget sheet along with Ge

Refusal letter.

Have also explained that loss of tax credits is the reason for falling behind

And finally that my daughter is now in full time employment and is contributing towards her keep.

 

Helpfully the judge will side with me but must admit a bit concerned at the moment

If things seem to be going wrong during the hearing can I ask for time to sell my house

Instead of being evicted?

[Ell-enn]

How much did you pay for the application ?

[umvubu]

40 pounds does this sound right

[umvubu]

Received a letter from GE today saying to make sure I leave a forwarding address for when

They sell my house and to make sure all my furniture is removed.

And if pay a large lump sum and arrange additional payments they may still consider

Calling off the bailiffs.

But I'm guessing they are lying again so that I do not proceed with the n244 hearing

What do you all think

Not got the hearing date yet any idea how long it should take?

[Ell-enn]

Did they not give you a hearing date when you took the N244 to the court ?

[umvubu]

No they said they would contact me with a date before the eviction

[Ell-enn]

Did you quote the Norgan case law in your N244 statement ?

[umvubu]

No is that something I can mention when I go to the hearing

Got a date now for next week

[Ell-enn]

Yes, on page 11 of the guide I gave you the link to there is an explanation of the Norgan case law http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession and on page 16 is an example of how to set out the statement to go with the N244 - did you read the guide before completing the N244?

[umvubu]

Hi Ell-Enn

after reading through your guide i have covered all the areas except referring to the Norgen case

 

i mentioned that i had made an offer of repayment for arrears (letter and budget sheet attached along with GE refusal to my offer)

an explanation of how we fell behind (childrens tax stopped) should i take evidence of this?

told how we have 4 children in our house 2 on the partially sighted register

and finally said how we we told told there was no need to attend the original hearing in 2009 as i was back in work

and that they were not going to proceed with it (phone conversation evidence attached)

 

i will take a copy of the Norgen reference with me next week