GE Money Secured Loans Ltd going for repo - PENALTY charges & PPI?

[AndyOrch]

Thread moved to Repossession Forum.

[Baviaanuk]

Excellent I'll have a think of the best way to present a defence.

 

I know it's easy for me to say, but try not to worry too much - I can't see a judge giving possession to a second charge lender for charges.

 

Did you take your charges and PPI claim to the ombudsman ?

 

I didn't get as far as the ombudsman, I was trying to push GE into dealing with the matter responsibly. Unfortunately they just didn't seem to care and were happy blaming everyone else. When my son received his diagnosis , everything had to take a back seat and we spent weeks at his bedside. Seems that since then, GE decided to go the court route.

 

Many thanks for your help Ell-enn, it is very greatly appreciated

[Ell-enn]

Hi, I have something in mind for you to send to GE but I will send you a PM (private message) about that. In the meantime you should make a complaint to the FOS (complaint form affixed) regarding the PPI and also the charges. You will need to do 2 forms.

 

Do you have the spreadsheet of charges you sent to GE with your original complaint to them ? If so you will need to affix that to the FOS form.

 

The FOS will send you confirmation of your complaints with case numbers which will be very useful in your defence of the claim for possession. So we need to get this done as soon as possible.

[nicolee2931]

Would the recent Plevin v Paragon decision delivered from the Supreme Court bear any influence. Obviously GE must have received a commission from the PPI sale making them jointly liable. Only GE would know the levels of commission disclosed to each party, leaving the claimant to question wether the PPI was value for money?

[denysemarst1]

Hi,

 

Just seen your post

 

 

whilst it is a different company it seems very similar to the case I am defending (home repo Prestige Finance)

you will see that they also are trying to repossess my home based on charges and interest only,

 

 

today I attended a hearing and the Judge said possession could not be granted simply on charges and interest payments

because the principle loan and interest had been paid,

 

 

he said that there was provision in case law to render this as unjust

- hope this helps you to calm a little, don't let them get you down, the help on this forum is excellent

and I have had a lot of support which has given me the will to see this through,

 

 

quite often these companies just try their luck to see what they can get,

I also appear to have been mis sold PPI by a company which is no longer in business,

but like you I only dealt with the loan company.

 

 

As you have been advised the loan company does have a responsibility in law

- after all if you brought a pair of shoes from M & S and they were faulty you would take them back to M & S

and not to the manufacturer!!

 

 

I know that simplifies the matter somewhat but surely makes the case.

 

I hope your son is on the mend, please don't worry it will be ok I am sure.

[Baviaanuk]

Sorry for not updating this sooner. After sending various items of paperwork backwards and forwards and informing GE that I was prepared to counter claim we received notification 2 weeks before the court date from GE's solicitors that our attendance at court was not necessary and that they would be writing to the court to remove the case from its schedule. We had no further information as to why although the following day we received a letter from GE explaining that they were writing the outstanding amount off and that they were closing the account (deeds to be released 4 weeks from that date)

 

We had a letter today confirming the account is now closed and that they are not pursuing any outstanding balance although...... One comment that annoys me is:-

 

'We will update your credit file with the Credit Reference Agencies to 'partially settled'!

 

Is this entirely fair? Or simply the best I can hope for in this situation? Anything I can do about that?

 

Would sincerely like to thank Ell-enn and anyone else who offered advice, its a big weight off of our shoulders, not having this shadow hanging over us!! We can finally concentrate on our sons recovery.

[denysemarst1]

Well Done!! Don't worry too much about the credit file situation at the moment, concentrate on your son's recovery and deal with that later, I am sure that someone on here will know if it is fair or not, anyway very pleased that you have had this result.

[dx100uk]

if its already defaulted doesn't mean a bean.

 

 

dx

[Baviaanuk]

Maybe someone else can help me with another issue relating to this situation.

 

 

Started digging through our credit file last night as a result of that letter,

could see that the GE mortgage has not updated yet as closed (not surprising)

although the default they apparently issued against us last year is not listed,

do they sometimes bluff about defaults in order to provoke a response?

[denysemarst1]

Agreed