Jump to content


reposession help


rogersonjeff
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1863 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi need some help please filling out my defence for up and coming repossession hearing against G.E.Money

date is set for 13/01/16

Monthly payment £264 arrears total £842

Hoping I can raise the issue of amount of charges added to account off the top of my head approx £3000

Interest is also charged on top and statement says I have paid £1000 towards these charges

By the time it gets to court I would have made Decembers payment and brought arrears down to approx £700

Any help will be really appriciatted

Edited by rogersonjeff
spelling
Link to post
Share on other sites

It looks like you are just over 3 months in arrears. What are you able to offer each month on top of the normal monthly payment ?

 

How did the arrears come about? did you communicate with GE regarding your situation ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Thanks for quick reply its my house they are trying to take they are my mortgage provider .wife has been ill for five years and cant work,had to take time of work to look after children when she was hospitalised.

had mortgage since 2005 but have struggled for last five years dropping in and out of arrears, that is why so many monthly arrears charges have be added

Link to post
Share on other sites

OK, can you answer the questions in my previous post please

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

others may be in a better position to comment but if your wife is ill then mmaybe this could be used as leverage to halt/stop proceedings - and surely if you re that close to paying off the debt fully then you may be able to negotiate an arrangemet - seems daft to seek repossession for such a small amount

Link to post
Share on other sites

Let me guess. Your arrears are small, but theyve added a ton of charges, and are trying to claim repossession alleging the full amount are your actual arrears.

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

Link to post
Share on other sites

If you apply to the court with the proposal to offer £300 a month (which I assume is the monthly payment plus approximately £35 against the arrears) then the court would be likely to suspend possession, as this will clear the arrears within two years (I assume there is at least this long left on the mortgage?).

 

That is IF you can demonstrate affordability, both in terms of your income going forward and that you can't afford more.

 

In terms of the charges, the courts sadly have no say on this I don't think. You would probably need to try to reclaim them separately.

Link to post
Share on other sites

i dont think theyd ever be able to get repossession based on obscene charges. Especially for such as tiny actual arrears sum.

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

Link to post
Share on other sites

As you owe less than £1000 in arrears and have the ability to pay extra each month, there is no way a judge will grant GE possession. We can help you with your defence of the repossession action.

 

Have you been in contact with them either on the phone or in writing to explain your circumstances ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

As i said ive struggled for years with them always in and out of arrears but i think ive just hit the magic three months..if i try to talk to them they wont take any offer unless it clears the arrears in six months.

Is it not possible to put a separate claim in for the charges and use this to get the hearing stayed

Link to post
Share on other sites

The charges are a separate issue to the arrears and the fact that you believe the charges to be unfair will not affect the possession proceedings. Even if you get the charges refunded it will not change the fact you have arrears of monthly payments.

 

A quick example - outstanding mortgage is £100k charges of £3k added = £103 outstanding mortgage

Arrears are £1,000 = outstanding mortgage £104

Charges of £3k refunded = £101 outstanding mortgage, therefore the arrears of £1k are still there.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Not really, the court is only interested in the arrears (missed monthly payments) and how they are to be paid.

 

The charges are a separate issue.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Have just recieved a updated arrears statement from G.E. charges are worse than i thought charges =£4404 additional interest =£740 payments made towards charges =£4003 outstanding =£1557 can i try and claim what ive paid using the FSAs MCOB rules if i can is there an idiots way to start this off

Link to post
Share on other sites

Get reclaiming those charges. GE are well known for it.

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

Link to post
Share on other sites

  • 10 months later...

Hi there need some help again im trying to claim charges via the ombudsman and have finally been allocated an adjudicator.

spoke to him this morning and he said ombudsman cannot do any thing about arrears charges if they are stated correctly in the terms and conditions

I explained to him that i am in real financial hardship of which he agreed

I also mentioned that i have read case of other mortgage companies that have been made to refund excessive charges

I also mentioned that I have read that the ombudsman set a limit in some cases that justify the amount of extra work that the company has to do when the account is in arrears.

trouble is i cant find any evidence of this to pass on to him any help or links will be much appreciated

as I feel he is just going to let them get away without any refund

Link to post
Share on other sites

Hi there need some help again im trying to claim charges via the ombudsman and have finally been allocated an adjudicator.

spoke to him this morning and he said ombudsman cannot do any thing about arrears charges if they are stated correctly in the terms and conditions

I explained to him that i am in real financial hardship of which he agreed

I also mentioned that i have read case of other mortgage companies that have been made to refund excessive charges

I also mentioned that I have read that the ombudsman set a limit in some cases that justify the amount of extra work that the company has to do when the account is in arrears.

trouble is i cant find any evidence of this to pass on to him any help or links will be much appreciated

as I feel he is just going to let them get away without any refund

 

 

What happened over the repossession matter, I just scrolled through this thread to see the initial problem. Whose fees/ charges are you talking about?

Link to post
Share on other sites

hi im still in arrears but below three months so they cancelled repossession hearing

mortgage was sold to kesington earlier this year

ombudsmans complaint was started when mortgage was with GE but it is now kensingtons responsibility

dont hold out much hope though after speaking to him on phone

Link to post
Share on other sites

why are you going via the FOS?

waste of time on any charges issues.

 

did you get the sar back off GE and have you got every statement from day one now?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...