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GE Money - Reclaiming Charges


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Guys

 

Just received a letter from GE Money and am terrified.

 

We have a secured loan of £10K with them and £1724 of arrears (Mostly from their admin charges and about 6 missed payments. Our mortgage is with Accord for £124K and we are in negative equity.

 

I had fallen behind with payments with GE Money and they started to apply the £40 admin charges. We were then making our payment with an additonal payment to cover the arrears of £40. Basically this was just covering the admin charges.

 

When I phoned to try and make a further arrangement with them I found them to be threatening and stating that they would take our house - so stupidly I ignored them and ceased payments.

 

We received a default notice and today a letter stating that they have instructed their solicitors to forward an application to court and you will receive a notification of a hearing date in due course. Whilst this action has commenced it is not too late to avoid a possession ordder. Once the possession order becomes enforeceable we will have the option to apply for an appointment for the repossession of your home.

 

We would prefer to avoid such action and if you are in a position to repay your arrears in full please call us immediately.

 

If you are unable to repay your arrears immediately the hearing will continue. WE may be able to agree a payment plan to reduce the arrears (within a reasonable period of time) that would be incorporated into the order suspended upon payments. Whilst we hold a Possession order, as long as you maintain the agreed arrangement, we will be unable to enforce the order. etc etc.

 

I know I should have paid this, but I hate talking to these guys on the phone. Can they really take our house and do you think there is any thing we can do to avoid court action - I am happy to agree a plan with them.

I am also worried about court action because of the nature of my work if I get any court action ccjs etc I will loose my job.

 

Please help.

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Hi there, you need to write to GE with a proposal to pay extra each month towards the arrears, you also need to enclose a budget sheet. If you need help with a letter, let me know and I can draft one for you.

 

Ell-enn

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It's never too late to make a payment proposal. Send the affixed letter together with the budget sheet (also affixed). You need to enter figures where I have put XXX's and also enter the reason for the arrears (remove the text in red in the brackets).

 

When you fill in the budget sheet make sure that the amount you are offering towards the arrears, in addition to the normal monthly payment, is the amount left over after everything else has been accounted for.

 

Send by recorded delivery and keep a copy of the letter. Check on the Royalmail website in a few days to print off the signature receipt and keep safe with the letter.

 

Any questions, just shout.

 

Ell-enn

Noodledoodle78 letter.doc

Budget Sheet.xls

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Thanks Ell-enn that was really helpful.

 

I have today faxed off the letter to them and kept the fax receipt as proof of delivery. I included my contact number on the letter for them to contact me if need be.

 

Do I need to do anything else or should this suffice.

 

Is this likely to be enough to stop court action?

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Hi there, under the Mortgage Arrears Pre-action Protocols, they are supposed to consider all alternatives to court action (and be able to prove that to the court) before proceeding with a claim for possession. so hopefully they will agree to your proposal.

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  • 2 weeks later...

Hi All

Quick update. Received a letter back from GE Money advising they had rejected my offer of £50 per month to clear the arrears as the length of time it would take to pay off the arrears was too long.

 

So, I phoned them. Spoke to someone in their litigation dept and advised that I had written in and enclosed my budget and they had rejected. He advised that they could accept £60 per month which I agreed to. I asked him if this meant that there would be no court case and he said he thought so. It would take a long time to get a hearing and as long as I kept to my side of the bargain there would be no problem. But in any event they had already requested a court date and it was just a matter of getting in touch with their solicitors. But in case it had gone through they would only apply for a stay on a possession order.

 

I advised that if I went to court I would lose my job as I work in the security industry and major adverse credit info on my report will result in my being sacked. He advised that a possession order was on the house and not on the person.

 

Anyhow I received another letter this morning from GE thanking me for getting in touch with them and confirming our arrangement. They also advised that they would now apply for a possession order stayed.

 

Can they really do this and get a possession order for £1700 of arrears? If I have an agreement in place why do this?

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Unfortunately the do it because they can! it's ridiculous to go to court when you have an arrangement in place :-x

 

However, if and when a court date arrives you MUST attend the hearing to make sure that they do ask for a suspended possession order. You will then get the chance to tell the judge about your arrangement, and if you have made payments in accordance with the arrangement before the hearing it will be in your favour.

 

Don't worry too much about the hearing - it's held in a private room with just yourselves, the judge and a representative for the other side - the public are not allowed in - it's not a formal courtroom like you see on TV.

 

Make sure you keep all correspondence together in date order (both yours and theirs) as you will need it to present with your defence. If you get a notice of hearing from the court there will be defence papers with it which you have to return. We can help you with those, so let us know as soon as it arrives.

 

Ell-enn

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Hi noodledoodle

 

The arrears balance you are being taken to court for is just on your missed payments, not any charges or extra interest:)

 

They will go for a suspended possesion order. As for being worried by calling them, dont be, they are ok dependant on who you get through to but all follow the same procedures & rules!

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  • 2 months later...

Hi Guys

 

The saga continues. I have been making my payments now for three months and also paying £60 arrears as agreed.

 

Today I got a letter through the post from a solicitor acting for GE Money with a Summons for possession.

 

It is stamped by the court and states the following:

 

To: noodledoodle and noodlespartner of xxx address, the chargors under the charge mentioned int he first schedule hereto.

 

Let each of the defendants within fourteen days after service of this summons on them inclusive of the day of service cause an appearance to be entered to this summons which was issued on the application of the plantiff GE money who claim to be the Chargee under the said charge.

 

By this summons the Plaintiff claims against the defendants under Order 88 of the Rules of the Supreme Court (Northern IReland) 1980

 

1. Delivery by the defendants to the plaintiff of possession of the premises described in the second schedule hereto

 

2. Further and other relief

 

3. Costs

 

If any defendant does not enter an appearance such judgement may be given or order made against or in relation to him or her as the Court may think just and expedient.

 

FIRST SCHEDULE

 

Charge registered on 6th April 2007 and made between the defendants of the one part and the plaintiff of the other part registered in the land registry of northern ireland as a charge on the lands mentioned in the folio in the second schedule hereto

 

SECOND SCHEDULE

 

The premises situated and known as xxxxxxxxx under folio number xxxxxxx in the Land Registry of Northern Ireland.

 

Dated this the 10th day of August 2009.

 

Note - this summons may not be served later than twelve months begining with the above date unless renewed by the court.

 

Can you please advise what I do about this. Do I contact GE Money directly?

 

It looks to me like a possession order and not an order for a charge on the house as initially agreed. GE money had said we were a long way away from possession and they would not get that agreed in court or ask for it given that we have a payment plan in place and I am adhering to it.

 

Please help I am desperately worried.

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Are you living in Northern Ireland?

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No - I thought it might be something like N11 - I don't recognise the wording - are you living in Northern Ireland?

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

 

 

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Yes - it seems to come from the solicitor but has a stamp on it saying supreme court of judicature northern ireland with the date.

 

I just don't understand what it is implying or stating.

 

I spoke to someone in GE's litigation dept last month as I was worried about this and when I made my monthly payment he said again they would only go for a possession order stayed - but this seems to be going the whole hog.

 

What do you suggest I do?

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Have you got a Citizen's Advice centre where you live? you really need some help with that - I haven't seen that sort of court letter before. You could ring the court and ask what you need to do.

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Thanks. I am going to try and get to see someone at the CAB next week. I will also phone GE and ask what is going on.

 

I thought court documents had to be in plain english? I can't make head nor tail of this. I haven't been to court so it cannot be a court order surely?

Edited by noodledoodle78
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  • 1 month later...

I'll get back to you as soon as I can, I'm at work at the moment and have a couple of meetings. Have a look around the repossession forum and you will see some of the defence statements I have done for others, see if you can adapt one to suit your case.

 

Back later:)

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Hi There

 

Thank you for your response. I have had a quick look at the repossessions forum and some of the defences but not really sure what to put and what is relevant to me and what isn't.

I want to include that I have kept to my arrangement since it was made five months ago and that as I work in security industry, any court action will be deemed to be misconduct and I will lose my job, further exacerbating the problem. Can you help?

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Hi there - do you have:

 

1. A letter confirming the arrangement? and a copy of the letter and budget sheet you sent them earlier this year?

2. Proof of payments under the arrangement - i.e. bank statement

3. A statement of account from the lender showing payments and charges?

 

It would be helpful to be able to put them with the statement as appendices, when you confirm what you have got I will draft a statement for you.

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Hi

 

Yes I have all the docs you mentioned. The only problem is the document from GE confirming the arrangement is very hard to read as some of the writting has worn off, you cannot read the figures agreed very well.

FYI - I have one child of 3 and it is a joint secured loan. My primary mortgage is up to date.

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Hi, affixed is a statement - you need to fill in the information where there are XXX's (remove the XXX''s)

 

Also, on each of the appendices mentioned you need to write the claim number on the top left hand corner and the relevant appendix number on the top right hand corner. Staple the pack together securely.

 

Remember to take a copy of everything for yourself before taking it to the court.

 

Any questions just shout.

 

Ell

Noodledoodle Statement.doc

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Hi there, the only way the case would be dismissed is if there are no arrears. As you have agreed a repayment plan and have kept to it, it is likely that the order will be for a suspended possession provided you keep to the repayment plan.

 

If that is what the judge orders ask him if the order will be cancelled when all the arrears are paid. How many months do you think it will take you to clear the arrears?

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