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garyclarke1962

Will I be evicted?

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The lender obtained a suspended possession order in Jan 2011 for my mortgage being in arrears due to unemployment. This continued for a couple more months but they were understanding and let me make reduced payments for a while. Then i got a job and have been employed ever since. For the last 27 months ive made 27 payments of more than my contractual monthly amount.

Jan 2014 the lender wrote to me and said i hadnt been paying off the arrears quick enough (despite them agreeing to the payments id been making) and they were applying to get me evicted, court has sent eviction date of 13/2/14. I've submitted a N244 form and got a hearing before a judge on 4/2/14.

 

Does anyone have any idea what my chances are of keeping the house? or any other hints and tips?

Thanks

Gary

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Who is the mortgage company? How much are your arrears? What are you currently paying? how much do they want you to pay?

 

remember, you are paying exactly what they told you to pay. They would find it difficult to get a repossession order since you are paying what they told you to pay.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Its GE Money, Arrears are £11000, i'm paying aprox £1100/month which is £80 over my contractual amount. They havent said how much they want a month, just that they want all the arrears paid off by 13/2/14 or i'm out

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Sit tight. Theres still a procedure they have to go through, but since the arrears are pretty high, im not sure exactly What you need to do. The regulars should be around soon, so they can advise more specifically.

 

BTW, GE money is well known for doing things like this. Use the search box on this forum and enter GE money, and youll see what i mean.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi

 

This extra that you have been paying....is this something you have just done voluntarily or is there anything in writing about it?

 

When you had the hearing for the SPO, what order did the Judge make about paying off the arrears.

 

How long have got left on the mortgage?

 

Is it a joint mortgage?

 

Are there any children in the house?

 

If you can show the judge that you can pay the Contractual Monthly Instalment (CMI) plus a contribution to the arrears then it is highly unlikely that you will lose your home.

 

Have you done an income and expenditure account?

 

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The judge ordered that I pay 50 extra a month at the SPO hearing. I've been paying that, now I'm paying 80 extra. It gets worse. Tonight I rang GE money to make my monthly payment and they refused to take it. They said they would only accept full payment of all the arrears. Are they allowed to do that? Its beginning to feel like total victimisation now.

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They cannot refuse. It is a court ordeted payment which you are exceeding. Perhaps get onto the court and get a hearing.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can you tell us what you put in Q.10 of the N244 please.


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In Q10 I ticked the third box about providing evidence below. In the box I said that id had a SPO in jan 2011 and that in the first few months I had trouble making the payments but I kept the lender aware and attached copies of a couple of letters where the lender had agreed to reduced payments. I said id made 27 payments in the last 27 months and provided copies of the lenders annual statements showing that his was the case.

I also said I was aware of Cheltenham & Gloucester v Norgan where the arrears are allowed to be paid off over the remaining term of the mortgage. In my case I said I had offered the lender payments of an extra £80/month over 13 years which more than covers the arrears in the remaining period. I also mentioned I had offered a lump sum towards the arrears but that it had been turned down with the lenders comment that only payment of the full arrears would be enough.

 

 

I'm convinced the lender is being totally unreasonable

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GE money ARE being unreasonable. Thats how they operate. DO a forum search or even google and youll see what i mean.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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In Q10 I ticked the third box about providing evidence below. In the box I said that id had a SPO in jan 2011 and that in the first few months I had trouble making the payments but I kept the lender aware and attached copies of a couple of letters where the lender had agreed to reduced payments. I said id made 27 payments in the last 27 months and provided copies of the lenders annual statements showing that his was the case.

I also said I was aware of Cheltenham & Gloucester v Norgan where the arrears are allowed to be paid off over the remaining term of the mortgage. In my case I said I had offered the lender payments of an extra £80/month over 13 years which more than covers the arrears in the remaining period. I also mentioned I had offered a lump sum towards the arrears but that it had been turned down with the lenders comment that only payment of the full arrears would be enough.

 

 

I'm convinced the lender is being totally unreasonable

 

That sounds fine, well done- you've obviously researched what to put in the N244. Did you affix a budget sheet? Also do you know if your court has duty legal advisers there on the day of your hearing ?


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RESULT

Hearing was this morning, GE Money rep wanted to talk to me before the hearing but i declined. Judge ordered that i increase my monthly payments to an extra £100 over & above the contractual amount. As i'd started paying £80 over anyway its no major problem. I'm pleased GE turned down my lump sum now too!

 

I also found out about a 'dirty trick' GE are pulling. When you ring them up you get an automated message asking for your account number. When you put it in you are usually directed to another automated menu with several choices. They can block you from getting thro to this second menu, or even from speaking to them, i'm guessing they have some sort of software which recognises the phone nr you are ringing from and if you ring from a number that they dont want speak to then they cut you off.

On 31/12/13 i rang 3 times to make my payment and each time i put my account nr in i just got a message saying they couldnt deal with my call at the time and to try again later. As it was new years eve i thought they have gone out partying and didnt think anymore of it. I made my payment on 2/1/14.

Then on 31/1/14 i rang to make the monthly payment again (its due at the end of each month) and had the same problem. I tried getting thro by just waiting when the automated message asked for my account nr but i was still cut off. I then went round to the in-laws house and asked if i could make a quick call, lo and behold i got thro without any problem by just waiting rather than putting my account number in. It was then that they refused to take a payment off me (unless i wanted to pay the full arrears off) as they said i needed to speak to someone in the litigation dept and no one was available at that time.

I have come to the conclusion they were blocking my calls and delaying allowing me making the payments to make my payment record look worse in front of the judge. I did mention all this to the judge this morning which may have helped sway him my way slightly.

 

Anyway, many thanks to the support from you all on here, it certainly gave me that bit more confidence during the hearing.

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Brilliant news - well done :)


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Great news. make sure you keep those payments up to date. GE money wont hesitate to take it back to court if you miss just one payment. Theyll also try and force you to pay more than you can afford. but thats what happens with a sub prime lender.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Heres another chapter in the story of Clarke V GE Money.

 

On 9/9/14 I wrote to GE and told them that due to a change in employer, pay date and circumstances, my payents due at the end of Sept and Oct would be a few days late but by the end of Nov payments would be back on track. I asked them to let me know if there would be any extra interest, or other charges to pay. I didnt get a reply. I made the Sept payment on 8/10/14 as i had told them, with no problem, but when i rang to make the Oct payment (on 3/11/14) i was told there was no point making it as they wanted the full arrears off me and had applied to the court to have us evicted again. The guy i spoke to eventually let me make the payment and I argued that the action they were taking seemed a bit harsh. He said they never had the letter i sent (how convenient) and said even if they had, they would still be having us evicted. He confirmed that this would be taken all the way and they would not back down even though my payments were up to date.

Once i had the eviction date from the court i submitted an N244 (cost is now £50) and i attended court again this morning. When i got there the rep from EVersheds, GEs solicitors, spoke to me and said he had been advised by GE that they were happy to continue with the payments that i was making and nothing needed to change. We still went in to see the judge and i got the feeling he wasnt best pleased that his time (and mine) had been wasted. He just said i had to carry on making payments as i had been.

 

One thing i thought of after i left the court, can i send GE Money an invoice for my time taken off work and the £50 fee i had to pay to see the judge, because usually the losers in court pay the winners costs, and i'm sure if the judge had found in GE's favour then i would be forking out for their costs.

 

Any thoughts on that point?

 

Thanks,

Gary

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Did you send the letter about the payments being late in Sept/Oct by recorded delivery and did you keep a copy?

 

You should have asked the judge to order that GE don't add legal costs to your account for the hearing today given that the eviction action had been un-necessary. You could write to them and state you require them to deduct the costs you incurred from your account - but don't hold your breath. Anything you send to GE should be by signed for main i.e. recorded or special delivery and always keep a copy.


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The solicitor likely agreed to the payments because they thought you wouldnt turn up, so they could get an eviction going without any effort at all.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I didnt send the letter about the payments being late by recorded delivery unfortunately as i thought things were getting a bit smoother with GE. I did keep a copy of it though and sent that to them recorded once they told me they hadnt recieved it.

 

Ive prepared an invoice and a letter saying that as they were the unsuccessful party in the eviction action i consider them liable for my costs. I fully expect them to ignore it. I've given them 30 days to pay. If i dont recieve payment I believe i can take them to small claims court. Is that right?

 

Thanks

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You should ask them to confirm that they won't be adding costs as well.


 

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I didnt send the letter about the payments being late by recorded delivery unfortunately as i thought things were getting a bit smoother with GE. I did keep a copy of it though and sent that to them recorded once they told me they hadnt recieved it.

 

Ive prepared an invoice and a letter saying that as they were the unsuccessful party in the eviction action i consider them liable for my costs. I fully expect them to ignore it. I've given them 30 days to pay. If i dont recieve payment I believe i can take them to small claims court. Is that right?

 

Thanks

 

Hi, you can try it, but don't hold your breath. You could ask for an up to date statement then get all your statements together - add up all charges they have added to your account for arrears and send them our letter to reclaim those charges.


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Costs follow the event - the event being the execution of the warrant. The stay application is merely the attempt to stop it, not the event itself. Ergo, you aren't owed any costs and won't get any.

 

If you felt the execution of the warrant was incorrect you could have asked the judge to not allow any costs of the action to be added to your mortgage account, but as you did not, that is not a retrospective action the court will take since the costs you will be charged are in your contract with GEM.

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