Reclaiming Igroup/GeMoney charges on mortgage - repo papers received

[BarryWat]

Hi all,

 

have now received court papers for possession of the property together with a defence form.

 

What is my best course of action now?

 

Do I just sit tight and wait for my day in court or file the defence earlier or is it possible to file a counter claim?

 

There is nothing that I can see on the defence form to say it needs to be done earlier.

 

The property is currently up for sale anyway so even if I did not get the charges refunded

I would be able to ask the court to wait until a sale goes through, rather than giving them possession.

 

Anyone advice would be greatly appreciated.

[martin2006]

The best form of defence is attack barrywat, unless anyone with more knowledge knows better i would defend all and counterclaim with yr charges, keeps everything in one courtroom, should it get that far.

[BarryWat]

Hi All,

 

Update to this saga.

 

Had initial possesion hearing which was suspended for a month,

at second hearing I filed counterclaim.

 

Received notice that case was assigned to fast track.

Had the expected estimate of costs from GE's solicitors at around £25k, obviously an attempt to scare me.

Filed my copy of questionaire to court etc.

 

They asked for a stay of proceedings for a month which I was advised to agree to.

 

Subsequently they made an offer to settle, offering to remove the fees only.

I rejected this asking for the interest charged on the fees to be removed as well.

 

Second months stay has now expired so am waiting to see if they improve their offer.

[BarryWat]

Hi all,

 

Latest update to this sorry saga.

 

There was confusion over the length of stay granted by the court,

as it was 2 months as they originally requested and not 1 as the amended note from the court suggested.

 

All completely irrelevant as they did absolutely nothing in that 2 months, no offer, no communication, zero.

The only thing that happened during the period was that they sold on the alleged debt to Kensington,

this happened before they requested the extra stay of 2 months.

 

Having chased Eversheds several times,

they claimed to be waiting for instructions from GE,

 

 

they finally responded on Friday asking for me to agree to yet another stay of 2 months

as the alleged debt now belongs to Kensington

and not GE and they need time to consider an offer to settle.

 

Time to put a stop to all their delaying tactics,

as I see it, they have deliberately wasted 2 months of mine and the courts time with a stay,

when they had no intention of making a further offer.

 

 

I will be rejecting their request for a further stay and writing to the court by the deadline of the 5th of August explaining why I am not prepared to put up with their tactics any longer.

 

In the meantime

I have the added complication of having accepted an offer on the property

and am waiting for a date for exchange and completion.

 

 

So unless they come up with a suitable offer before that happens

I will probably have to pay what they claim to get the deeds released

and then pursue them to recover it.

[BarryWat]

Further update,

 

After a week of chasing Eversheds I have this evening received an offer from Kensington.

 

They are now really taking the you know what.

 

It is virtually word for word identical to the one they made under the guise of GE Money back on April 13th, save for a miniscule increase in the offer.

 

I can't beleive that they would send out something so insulting to my inteligence and think that it would be acceptable, when I rejected the previous offer and demanded that they explain how they have arrived at the figures they say I still owe them.

[ericsbrother]

do you know exactly how much the charges/fees ect that are reclaimable come to? their statements of account will reveal everything but not easily

[BarryWat]

Yes I know what the figures are, did a SAR,

been trying for the last 12 months since I paid off the mortgage to get them to provide a breakdown of how they arrived at various interest figures so I know what they have been charged on. And more to the point, what they are still charging interest on now.

[BarryWat]

Don't know if anyone is still following this saga,

 

 

having rejected their last offer made at the very last minute,

we are due in court on Friday 7th October for a directions hearing,

unless they come up with a satisfactory offer before then.

 

 

They even had the cheek to say that I should have been making an offer to them to settle.

I continue to ask them for a detailed breakdown of how they have calculated the interest to no avail.

 

 

Will be asking the court to order full disclosure.

 

The house has now been sold,

so I am now in the unfortunate position of trying to get the charges, fees, additional interest etc back.

Plus they've just whacked another £4k+ solicitors charges on as well.