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

[dx100uk]

obv that includes all the penalty fees that still need to be put in the CISHEET? spreadsheet

 

 

dx

[twoman]

DX,

The arrears does not include the added on fees etc.

 

DX,

Sorry just read what we sent,the balance stated in the letter does not include the extra fees etc.

[caro]

Well it's a good thing that no judge will insist on full payment of arrears as long as they can be paid off over time.

 

I suggest your friend starts paying off the arrears as per his proposal so when/if any court papers come he can prove he's doing what he can when he applies to the court to stop it.

 

In the meantime get on with reclaiming those charges.

[twoman]

Hi Caro,

He is going to make his monthly installment + £500 tomorrow.

Do you think he needs to respond to their latest letter.?

The arrears have been calculated from the SAR's he got back but we think they are not calculated in the arrears total so is there anything for him to claim back yet.

[twoman]

Hi All,

Ok,my friend made his monthly instalement today plus £500.00 .

They said to him that they will accept his payment but changes nothing to the current threat of eviction.

Now is there anything he should do i.e send them a letter etc?

 

Any advise appreciated.

 

Hi Ell-enn,

Can we ask for your advise on the above please.

[caro]

He could just write back and thank them for their letter, but as his circumstances haven't changed he will continue to make payments as offered. Should they proceed with their threat of eviction he will apply to stop it and inform the court of his payments despite their rejection. Under the circumstances he hopes they will reconsider.

 

I don't need to say how important it is that he does as he says and pays as per his offer.

[twoman]

Hi Caro,

He fully understands what he has todo after reading the advice what has been posted and the other posts i have showed him.

As has been stated previously he genuinely knew nothing about the state of the account and if he had known it would not of got to this stage.

He's just worried that he will get evicted.

He has taken control of all the finances now and just wishes for time to get his arrears cleared.

 

We will write a letter to GE as advised and see what their response is.

 

Just looking at the SAR report again, where they state they charged solicitor charges / fees

 

 

there are no copies of any letter's in relation to solicitors instructions

 

 

so would these charges still be enforceable even though they have not provided proof of any letters?

[caro]

Probably would be, but it would be reasonable to ask for the information and copies of the solicitors bills he's expected to pay.

[dx100uk]

if they were within the time of an active court claim they cannot sadly be reclaimed.

[twoman]

Hi All,

My friend wants to respond with the letter below.

I think it will be ok just wondering what the experts think and should he add / delete anything

 

Dear Ge Money,

 

Reference your letter dated 22/1/2015 regarding my arrears.

 

I would like to re-iterate that the proposal I have offered of £500.00 per month plus my normal mortgage payment of £737.00 per month

is all I can afford at this present time.

 

 

Should I have more funds become available I will obviously use them to clear my arrears as soon as possible.

 

As your records will show, as soon as I became aware of the arrears on the account

I took control of all finances in the household and made a mortgage payment (£737.00) in December 2014

and a payment (£737.00) in January 2015 plus an additional £500.00 towards the arrears.

 

Should you refuse my proposal and proceed to court for an eviction I will obviously apply to the courts to have the eviction set a side

and produce the recent communication and payment receipts as part of my evidence.

 

As you will be aware the courts will look favourable at my situation as I am making attempts to make arrangements to clear my arrears,

made payments as I have promised and will look unfavourable upon yourselves if you ignore my offer and proceed to court

and waste the courts time when this can be agreed without the intervention of the courts..

 

I would like you to reconsider my proposal and confirm in writing that it will be acceptable.

[Ell-enn]

Might not be a good idea to predict what the judge will deem favourable or unfavourable (just in case you need to show a copy of the letter at a hearing). Best just to say that you believe the court will look favourably on your attempts to come to an agreement over payment of the arrears and that lenders should only consider eviction as a last resort which they are not doing in this case.

[twoman]

Hi Ell-enn,

hanks for the advice will change it .

[caro]

Subject to changes I should hope it would make them back off.

[twoman]

Hi All,

 

my mate has just brought these letters round that he has received today.

 

Now considering he has paid £500.00 per month extra to start clearing the arrears,

has not had letters from the courts or any communication about eviction or court hearings etc whatsoever

and looking at their extra charges for debt councelling which he has not had ,

 

 

how can they justify these charges?

 

 

what is the best course of action to follow now.

 

Apologies uploaded the 1 page twice.here is the other page.

[caro]

His wife hasn't been hiding post again has she?

 

He needs to find out which court has granted the warrant and apply to stop the eviction.

 

 

It should be the local court but might be worth confirming this with eversheds.

 

 

The fact he's paying the arrears off should stop the eviction.

[twoman]

Hi Caro,

Just tried phoning them for my mate but they are closed.

 

Can i ask you to give your opinion on the second letter he recieved today

detailing charges for this and that and are they correct in what they are claiming

bearing in mind he's never had debt councelling from them

,despite requesting copies of solicitors letters etc through his SAR's request

they have never forwarded them to him to confirm their solicitors interim fees and can the admin fees be reclaimed.

 

It seems they are trying to charge him for going for a pee!surely these can not be legal?

[dx100uk]

all bar the sols fees me thinks.

 

 

prob additional int too?

 

 

dx

[twoman]

Hi DX,

OK,how can they justify sols fees when they cannot produce letters for all the dates they have stipulated in his sars where sols fees have been added to the arrears

 

Caro,DX,.....

Does my friend just phone the courts when he can establish which court it was and ask for a set a side on the eviction order or i guess there are forms to fill in.

[Ell-enn]

You will need to apply to the court on a N244 form to get a hearing in front of a judge to stop the eviction - you must attend the hearing. We can help with filling in the form and writing a supporting statement.

 

Read the guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession it will give you an idea what needs to be done

[twoman]

Hi Ell-enn,

Thanks for the advice.

He's going to contact Eversheds tomorrow to gather the information.

He's worried that they won't give him the info required.

[caro]

Agree with dx and ell-enn. Concentrate on stopping the eviction first and then worry about the charges.

[twoman]

Hi All,

My friend has phoned Eversheds to get claim number and court

.Its Birmingham County Court and was issued on the 5th Jan 2015.

 

He has spoke to the courts and has an appointment on the 19th March for a warrant suspension.

 

He obviously needs to complete a N244 which he needs help with....please.

 

Also when he spoke to Eversheds they were not aware that he had been making payments to clear his arrears

and also his normal monthly payments and they were not interested in knowing this

they just kept saying he needs to pay the arrears in full

and are not prepared to make any arrangement and the eviction will go ahead regardless.

[caro]

Not a cat in hells chance that any judge will agree with them!

 

I suggest that part of the application is to ask for GE to pay their own solicitors costs for the hearing as it should not be necessary with the arrears being paid already.

[twoman]

Hi All,

Ell-enn are you able to help with my friends defence for his hearing next week?

[Ell-enn]

Hi, has the court given him a hearing date without him submitting the N244 and paying the fee ?