GE Eviction THreat +£9k arrears= **WON++COSTS AGAINST GE - judge very scathing of GE's solicitor**

[twoman]

Hi Ell-enn,

OK, it looks as if there was a repossession hearing in 2012 - did your friend know anything about this? No he did not know about this.

 

We have phoned the courts today and they were closed on the 24th so would not have received the application until 29th and she stated it is taking between 10-13 days to process anything.

 

Obviously as we/he digs deeper more and more things come to light.:-

1) If they had an eviction order in 2012 but the arrears were paid in time to avoid them being evicted why would that order still be valid today even though it's 3 years on and satisfied?

2) Also would the court order not show on their credit files under public information sector of their credit report if it's still valid?

 

They may have sent him paperwork but he has not seen any of it as his wife got to it before he did and has destroyed everything,it's only by chance he found out about the latest problem.

 

After looking at the arrears in more detail and understanding what they said to him on the phone it appears the arrears are £9,000 and there is possibly another £4,500 fees and costs to be added they said( GE Money)

 

As he his a self-employed tradesman he has the opportunity to earn money and i can honestly say that if he knew about his wife not paying the mortgage he would of sorted it sooner.

 

He has the scope to pay these arrears off over the next 3 months if not sooner,thats with the help of friends,family and his earnings.

He is proposing to pay £3,000 + £737 on or before the 28th of each month Jan,Feb,Mar.

 

He has also taken full control of all financial matters and is opening a seperate bank account where all bills will be paid from,having all post redirected to a po box.

He just needs GE Money to give him time to clear these arrears and we will be looking at the history of the account once we've got the SAR back to understand whathas gone on over the years and hopeully he will be able to reclaim some charges and fees from them..

[twoman]

Hi Ell-enn,

Have you had any more thoughts on the letter to send GE and do you think it is too late or not for him to get this eviction / possession order cancelled / delayed.

[twoman]

Hi All,

Has anybody else have any thoughts on the best forward for my friend as he is panicing now.

Understandibly people have other things / committments but i just need to re-assure him.

Would it be best to phone them tomorrow and for him to make the offer or golden rule..keep everything in writing.

Any thoughts appreciated.

[caro]

If he can offer to pay something off the arrears on top of monthly payments, no judge will allow an eviction to go ahead.

 

Has your friend adjusted the budget sheet to reflect a 5 working day week ? It is vital to ensure that any arrangement is realistic and as Ell-enn says, your friend can always pay extra if he can afford it.

 

Keep off the phone at all costs. You need written agreement to ensure there are no misunderstandings.

 

Re-read the advice already given and stop panicking!

[twoman]

Hi Caro,

I'm not panicking (well a little bit) but my friend is,he's on the phone every 30mins asking if Ell-enn has wrote his letter yet.

He's coming round first thing in the morning to take it the post office!!

 

He can more than pay something of the arrears every month and he's done his expenditure sheet, he is unsure and i'm not clued up, on what the process is as far as going to court etc he would rather avoid this although sometimes it's probably better togo to court and get an order from the court so they can't get heavy with him so long as he sticks to the courts order of course.

[Ell-enn]

As I said previously, he can apply to the court for a hearing in front of a judge to get the eviction stopped (I can help with the paperwork for that). However I think he is extremely foolish to offer £3000 on top of the normal monthly payment when that amount cannot be guaranteed - if he misses just one payment they will apply for eviction again and a judge may not be so lenient a second time.

 

One thing that is puzzling me - it appears that there was a court hearing in 2012 and you say he paid off the arrears to stop repossession, but he also says he knew nothing of the court papers - how did he know he had to clear the arrears?

 

The suspended possession order from 2012 will still be in place as there was no application by your friend to have it removed after paying off the arrears and therefore GE can apply to the court to have it enforced as he is in arrears again - by the amount of arrears it looks as though at least 12 months payments have been missed since then.

 

Have a look around the repossession success forum, you will see there are a great many people have kept their homes by fighting an eviction notice.

 

I'll post a letter shortly when my visitors have left.

[twoman]

Hi Ell-enn,

He knew nothing about that eviction / possession order until this week.

His wife has been very discreet and on that occassion she had to pay £6,000 and he knew nothing about it.

As far as he was concerned all bills,mortgage etc were paid and upto date and it's only by chance because he is on holiday the post arrived and his wife tried to hide a letter but he saw her and when he found out what it was he couldn't believe it.

We done the obvious as always advised on here, check credit reports etc and when i showed him the history on experian he nearly had a heart attack,totally oblivious to the problems.

He too can't understand why his wife never said anything to him but that's for him to sort out.

[Ell-enn]

What other things are on his credit report? if there are any loans/HP/credit cards etc they will need paying and will have to be shown in his budget sheet. Are you sure he has no car finance, loans or credit cards ? overdraft ?

[caro]

I wonder if the arrears from the last hearing were completely cleared.

 

I can understand you friend worrying but I completely agree with ell-enn that he shouldn't offer such a large amount. Say he had some health problem that prevented him working 7 days a week for 3 months, he'll be back to square one facing eviction. He will not be helping his family if he kills himself trying to pay off arrears. Keep it manageable and real.

[twoman]

Hi Ell-enn,

He has no HP,Car Loans,Credit Cards etc.

What he does have and has not a clue who,what,where.... is a debt owing to Hillsden for £700.

He doesn't know what its about and i've advised him to ignore that for now as we don't even know if it's valid and whats it's for.

 

Hi Caro,

You are right it what you say as his trade can be hit and miss being self employed, but he has enough work for at least the next 6 months and he his someone who believes in paying his way,hates owing anybody anything especially money to anyone if anything he would give you his last penny.This has totally devestated him to say the least.

 

Caro,

The arrears must have been cleared as there is a green marker on the credit file then it goes orange again then red.

[Ell-enn]

OK, affixed is the letter to send to GE - it would be a good idea for him to send it special delivery (for delivery on Monday, not Saturday as there will be no-one to sign for it) it will cost just over £5, but worth it to make sure it gets there. He needs to keep the postal receipt in a safe place so he can check on the royalmail website a few days later to print off the signed for proof of delivery - we will need that to show the court he sent a letter and they received it.

 

Read the letter carefully and put in the information where there are XXX's. I strongly suggest he does a budget sheet with just normal working earnings and offers a realistic amount, say £500 per month towards the arrears - a judge would think that amount is more than reasonable. If possible can you post up the new budget sheet before he sends it please. I will be on line in the morning and will look out for it.

[twoman]

Hi Ell-enn,

Thanks for the letter really appreciated,attached is the budget sheet.I have advised him to take into account yours and everyones comments and hopefully this is more realistic and manageable and are ready to send this if you think its ok.

[Ell-enn]

Hi, you need to take the GE home lending out of section 6 - the arrears payment is already shown in section 4. The budget shows he has another £112 pounds left over each month - does he pay a into a private pension plan as he is self employed ?

 

Also, I think a judge would look on £500 a month on cigarettes as excessive, but I guess you'll have to take a chance on that.

 

Make sure the letter and budget sheet are sent special delivery for Monday.

[twoman]

Hi Ell-enn,

We have amended the sheet.

The amount on cigarettes is for both as they are both smokers.Should he reduce this as he is on about stopping anyway.

 

He does not pay into any pension scheme as his house is his pension and his wife works for the local authority.

[Ell-enn]

If he reduces the amount for cigarettes it will show he has more left over each month and therefore will be expected to pay more towards the arrears - it might be an idea to reduce the income as he is self employed and nothing can be guaranteed.

[caro]

As he's self employed, has he taken into account holding back payments for tax and NI?

[twoman]

Hi All,

 

Just after more advice please.

 

My friend sent the SAR request off and

 

 

has a response acknowleding it and it also stated that they can only provide telephone transcripts for the last 3 years,is this right?

 

He also sent the letter off that Ell-enn advised and

 

 

they receieved this on Monday,

got proof off RM website but have had no response from them so far.

 

Now bearing in mind they are saying they are going to court for repossession(letter from solicitors)

 

 

what would be his next course of action.

 

 

I've told him to phone the courts on Monday

but he has no reference number or case number to refer to

so how can he find out what's happening?

[Ell-enn]

If they received the letter on Monday then it's unlikely he will get a response until next week, best to wait and see what happens next. If he gets a notice from the court we can help with the defence to stop eviction.

[twoman]

Hi Ell-enn,

Thanks for the advise.

He's just getting a bit nervy.

 

Ell-enn,

Quick question,

Is it right what they say about the telephone transcripts,i thought they had to keep everything for a minimum of 6 years!

[twoman]

Hi Caggers,

Update.

Having sent off a proposal offer as advised two weeks ago

 

 

he has received no response from GE,

 

 

he checked with the courts yesterday and they GE / Eversheds have NOT lodged any papers for eviction YET

as they had previously threatened on the 24TH December.

 

Now the only correspondance he has had is a letter from NCI attached.

 

Any advice on what his response should be.

 

Ok,just been through his SAR and the charges are outrageous.

Since 2010 they have added approx £4,500 in charges ranging from £40.00 admin fee,to £48 debt councelling fees WTF these are, god only know's.

Listed is a description of what they have added:-

 

DIRECT DEBIT RECALL CHARGE.

ADDITIONAL INTEREST.

SOLICITOR INTERIM LEGAL FEES.

DEBT COUNCELLING INV.

MISCELLANEOUS REPOSSESSION CHARGE.

VALUATION FEES.

ADMINISTRATION FEE.

 

 

Are these charges legal or can they ALL be reclaimed.

[dx100uk]

Ell-enn,

Quick question,

Is it right what they say about the telephone transcripts,i thought they had to keep everything for a minimum of 6 years!

 

 

notes yes

if the person was in hardship or an arrangement

its usual for companies to hold those comms in recording.

 

 

C&G told me mine would be kept for 6mts after the arrears were ever cleared.

HTH

 

 

dx

 

Hi Caggers,

Update.

Having sent off a proposal offer as advised two weeks ago

 

 

he has received no response from GE,

 

 

he checked with the courts yesterday and they GE / Eversheds have NOT lodged any papers for eviction YET

as they had previously threatened on the 24TH December.

 

Now the only correspondance he has had is a letter from NCI attached.

 

Any advice on what his response should be.

 

 

tell 'em to bugger off.

 

 

they'll charge upto £150 per visit

 

 

the fees [which might already have been levied]

are reclaimable inc them on your charges listed

 

 

dx

 

Ok,just been through his SAR and the charges are outrageous.

 

Since 2010 they have added approx £4,500 in charges ranging from £40.00 admin fee,to £48 debt councelling fees WTF these are, god only know's.

Listed is a description of what they have added:-

 

DIRECT DEBIT RECALL CHARGE.

ADDITIONAL INTEREST.

SOLICITOR INTERIM LEGAL FEES.

DEBT COUNCELLING INV.

MISCELLANEOUS REPOSSESSION CHARGE.

VALUATION FEES.

ADMINISTRATION FEE.

 

 

Are these charges legal or can they ALL be reclaimed.

 

 

yes all bar the sols fees [check they were levied within/around the time of any court papers/moves]

 

 

dx

[twoman]

Hi dx.

Attached is a spreadsheet showing the charges applied and when.

[dx100uk]

please use the CISHEET

 

 

put their int rate in cell D15

 

 

you cannot reclaim sols fees if within the timescale of any court process

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[twoman]

thanks dx.

[twoman]

Hi All,

Update.

After having received an uninvited visit from NCI and taking DX's advice

 

 

he sent him a text message saying not to come etc

and to be fair the agent responded and accepted my friends instruction

this was last week.

 

Fast forward to today he has received the attached letter.

 

Any advice on what todo.