GE Money taking me to court for reposession

[darkshines]

Hi All

 

Only just come across this site, Im seeking advice.

 

GE Money are taking me to court for repossession of my house.

I am married with 4 children.

 

My monthly payment of my secured loan is £250.

 

At the moment I am £850 in arrears.

 

I have made arrangements to pay the arrears,

but have struggled to make the payment.

 

I have made a payment of £350 last month,

with the plan of making that each month.

 

By the time my court case comes up, I will be £600 in arrears.

 

The loan is in 2 names.

 

Do I have to fill in court papers for each person,

or can I do it for 1 of us to cover both.

 

My debt is in the region of £25000.

Am I likely to lose my home?

[citizenB]

I will try and find someone who can help. When is your hearing date ?

[darkshines]

Hi its the 2nd June. Is there anyway I can stop it. ie clearing the arrears. Or has it gone beyond that now?

[dx100uk]

no you can clear the arrears.

 

however I wonder how much of this 'debt' is penalty /arrears charges

 

GE are famous for those.

 

have you a mortgage as well as the loan?

[darkshines]

Ok so if I clear the arrears, it will stop the court?

 

I have been penalised a lot by GM.. £40 for late payments etc etc

 

I do have a mortgage as we'll yes

[i hate bailiffs]

Have you all the statements from GM showing you all the charges?

 

If not time to send a subject access request to them to get all the data they hold on you

And reclaim those fees

Time to fight back !

[caro]

You are not going to lose your home over £850 arrears, especially if you can pay them off.

 

I agree with previous advice. Send off a sar (follow the link) and claim those charges, and ppi if applicable.

[darkshines]

Thanks for all the replays, made me less anxious about the situation, you just see repossession and see the worst.

GM have sent me a breakdown of my account, from day 1. I'm sure that had all my charges on there.

 

So if I phone GE up do I have to have arrears paid up straight away, before court date. or over a period of time? As long as I stick to it

 

Cheers

[citizenB]

I think you should NOT telephone GE.. you need to keep everything in writing in order to protect yourself.

[caro]

Definitely keep it in writing. Make them an offer that you can realistically afford and stick to.

 

If you already have a list of charges, put them into a spreadsheet with the interest rate and claim them back. Odds are they'll be much more than the arrears.

[Ell-enn]

Hi there, have you read our guide here ? http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

There are instructions and examples which will help you complete the N11M form. If you are in doubt please ask and we can help

[darkshines]

So should I still complete the forms, even if I make arrangements to pay the arrears off? Also do forms need to be completed for both of us?

[Ell-enn]

Hi, if you can't pay the arrears off in full before the hearing date then you will have to complete the N11M defence form, return it to the court and attend the court hearing.

 

However, you have plenty of time before 2nd June to try and come to an arrangement with GE and see if they will withdraw the court proceedings. You should write to them (by recorded or special delivery) making your offer of payment. See the example letter on page 10 of the guide I gave you a link to in post 11 above. Enclose the budget sheet with your letter.

 

Hold on to the court forms until you get a response from GE.

[caro]

If GE do withdraw make sure that the court confirm that they've done this. Don't take their word for it.

[darkshines]

Hi All after all your advice,

 

 

I managed to sort this.

 

 

And had a £60 re payment put in place for the arrears.

 

 

I have paid this on time for the past 3 months no problem.

 

 

Today I received a call from a case manager, to review the arrangement.

We went through the expenditure and income form.

 

 

All off the top of my head.

She has told me that I now have more money available to pay the arrears of quicker.

But as I said to her, physically I don't have anymore income, in fact, I feel like I have less.

But I am happy to carry on paying the agreed amount.

 

 

But she is not having that and thinks I should be paying more,

so that I get the arrears paid off quicker thus helping me.

 

 

I told her that if she makes me pay more, Ill probably struggle and could miss payments again,

thus actually putting me back further in arrears.

 

 

Can I be made to pay more?

[Ell-enn]

You can only be made to pay what you can afford - they should not be asking you for income and expenditure over the phone, they miss out essential things to make it look like you have more money to spare. You should complete the affixed budget sheet that we normally use in these cases - it calculates automatically as you fill it in so you can easily see what is left over - send it with a letter (by recorded delivery) stating you felt intimidated by the phone call and wish to advise them of your true situation (I can draft a letter for you if you wish?)

 

Did GE cancel the repossession hearing ?

[darkshines]

Yes they did cancel it, and I got notification from the court of this. Id appreciate it if you could draft it for me.

I think its also time to sort out all the charges they are piling onto this loan

 

 

thanks for all your help

[Ell-enn]

Let me know when you have completed the budget sheet

[dx100uk]

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls