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rogersonjeff

reposession help

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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
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repossession hearing for what exactly? what are they looking to take from you for such a small sum?

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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 ?


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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

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


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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

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Sorry i am back to work now and will be paid on the 22/12 and after doing budget i can manage to up monthly payment to £300 G.E say that this isnt enough

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if you've made a ligit offer and they have refused then you probably stand a good chance of have the proceedings stopped - what reason did they give for not accepting your offer?

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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..

 

 

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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.

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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

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Thanks for all the help so will i just put this offer on the defence form and not mention the charges..or will i bring it up on the day the summons cost of £250 will be added as well

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I have also noticed that the full account of the mortgage that they sent with the summons does not show any charges atall

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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 ?


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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

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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.


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Is it worth pursuing the fact that the full mortgage statement sent with the court papers contains no references to any of the £3000 worth of charges added to my account

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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.


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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

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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

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Can you outline a plan of action to do this and would there be help available to do it correctly

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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

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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?

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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

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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


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