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Arrow/eversheds trying to enforce 2009 suspended repo GE money


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OK, I can almost guarantee they won't even read the second page but if you feel you need to write so much then send it asap - by email and then by recorded post. Make sure you keep a copy of the letter and the income and expenditure sheet (I assume you have detailed every expense and left just a tiny amount left over ?) so when they ring to discuss it you have it in front of you and are not caught unawares in answering their questions.

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Hi Andy,

 

Arrow, by instructing their solicitors Eversheds have made an application to the court for permission to enforce the suspended possession order. I uploaded the documents yesterday - is this what you mean?

 

On Evershed's N244 they only state the following wording in the evidence section:

 

“The claimant is seeking possession to enforce the suspended possession order dated 23rd November 2009 as the time for enforcement has expired.

 

"We took over conduct of this file in December 2017. The previous solicitors filed a summons of possession of land and a particular of claim. A hearing was listed for 23rd November 2009.

 

At the hearing on 23rd November, a suspended possession order was granted upon payment of the current monthly arrears plus £69.87 per month towards the arrears.

 

The reason for the delay in issuing the warrant of possession is because the claimant considers repossession as the last resort.

 

The Claimant wishes to enforce the order dated 23rd November 2009 in an attempt to keep costs to a minimum as opposed to issuing fresh proceedings, which will incur additional costs.

 

We therefore humbly request that the honorable court grants permission to the clamant to allow us to issue a warrant of possession to seek eviction without delay and at the earliest opportunity”

 

So, no specific details of my breach of the order in there but they have attached a statement of my account to the N244 showing payments and interest plus fees applied.

 

I have received a letter from Arrow showing the outstanding balance and the arrears balance on their latter dated 4th December advising me that have instructed their solicitors to ask the court to set a date to take possession of my property.

 

So no actual evidence or statements of missed payments attached to their application in support of ?

 

If you could answer my second point...it is vital in defending their application.

 

" Also have you received any statement from Arrow showing the Capital and Arrears outstanding ? "

 

Are they still separate figures ?

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Hi Andy, Eversheds have attached to the N244 a statement of arrears for my account from 23-05-2008 - 30-11-2017. It is a list of all my payments, those missed, fees charged.

 

I have not received a statement from Arrow showing the capital and arrears outstanding, just two separate figures quoted on their latest correspondence.

 

It is interesting that the statement of arrears was dated 30-11-2017 which is the same date they wrote to me to inform me my rate had gone up and advised that they would not be increasing my payments to reflect this until I had spoken to them.

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  • 3 weeks later...

Hi Rachael

 

I know it's a little late in the day to be commenting on this but I just came across it just now. Have you heard anything further from Arrow? There are a few points that I would like to raise.

 

It seems that it has been Arrow that has been stopping you making the payments smoothly. They should have had something in place immediately they took over so that you could continue the arrangement with them whilst requesting you complete an income and expenditure for their own files to get an up to date situation with your finances. They have made this very difficult for you.

 

YOu have sent off 3 income and expenditure forms which supporting evidence of your payment plans. They already have that but it seems they are stalling for time asking for more.

 

Do DCA's have a licence to be mortgage holders? I don't know if they have to have a special licence for that or if their own licence will suffice.

 

If you contact GE and get a SAR sent to you then you could be claiming back all the fees for admin etc., which could wipe out the arrears completely. It really is in your best interests to do that. You may be able to add up all the arrears fees and visit charges that are on the statements they sent you.

 

How long have you had this loan and how long does it have to run? What was the original figure borrowed and how long have you got to go with it?

 

Hope you managed to have a decent christmas. It's not great with stuff like this hanging over you. I know how difficult it is dealing with these people as I'm having to do it myself at the moment.

 

Look forward to hearing from you

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I'll guess:madgrin:

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... 

 

 

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Hi gemspam,

 

Thank you so much for your reply to my post. As of today, I have (I hope!) managed to sort things out with Arrow and they have confirmed in writing that they will be contacting their solicitors to cancel the current legal proceedings. I say "I hope" because I will not believe it until I see the letter from Eversheds!

 

Briefly, I wrote to Arrow and expressed my concerns with the handling of my account, and their apparent unwillingness to accept that I had been proactive in trying to resolve the situation. Essentially, the payment plan agreed with GE should have been the same once the debt was bought by Arrow. Long story short, I said I would continue to make payments at the figure previously agreed and would apply to the court via a N244 if they continued to be difficult and proceed with the warrant for eviction. Arrow even refunded my interest for December!

 

Pity it has taken this long to sort out as it did really ruin my Christmas.

 

I wanted to ask you (and others who have commented) about the process for obtaining a SAR from GE and Arrow. Do I need to send two separate ones as GE Money are no longer in business or will Arrow be able to fulfil the request from the inception of the loan?

 

Excuse my ignorance on this but can I claim for all the fees for admin charged monthly such as arrears management charges etc? I did complain to GE about this a few years back but they sent me chapter and verse stating they were entitled to do so and a breakdown of the fees which were certainly excessive.

 

Who decides if I cam claim these fees back? Is it the loan holder or do I need to go to an independent body such as the FSO?

 

Many thanks!

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GE money do still exist

get that sar sent off to them.

 

nothing to do with the FOS at all.

 

dx

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... 

 

 

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