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    • Yes almost Stature Barred. Which means? So basically I wait and see what happens?  Yes i believe so and is this a new 1 upon you guys? 
    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
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Nothing left to loose, is it worth going after GE?


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Hi all,


I am faced with a challenge, any and all advise is much appreciated.



GE took some friends of mine to court on 29/07/2005, at which time a possession order was granted against my friends in favor of GE Money. This order was not to be enforced so long as my friends paid GE the arrears on the account at that time in addition to the monthly installments.


Sadly my friends were unable to comply and within 3 months they fell behind again on both payments. GE holds the only charge on the property.


GE was on the phone daily and eventually my friends moved out of the house in 05/2006 as they were led to believe by GE that they were going to be repossessed at any moment. My friends put the property up for sale, found a buyer but the sale price was insufficient to clear the charge on the property and thus the sale fell through. Since then my friends have not heard much more about this till it came up in conversation with myself a few weeks ago. As neither of them are to sure how all this works, I spent the evening with them looking at the paperwork which they kept about the house and the next day I phoned GE to find out what is going on and I was promptly told that there were no new developments on file as it's the computer that has not decided to repossess the house yet...

I expressed my concern at the fact that the property is vacant and that interest and charges are still being added to the account but GE was having none of it. They can not tell me when or if at all a warrant of execution will be applied for and could not give me any information about the state of the account.

I asked what we can do, as there is clearly a situation of negative equity which is getting worst by the month and I was told that a letter will be sent out shortly explaining what the options are.


This arrived in this morning's post from GE.


" So that we can consider your request to release the Charge on your property, at less than the full repayment figure, we require:


1) Your proposal to repay the shortfall following repayment.

2) Your forwarding address and confirmation if this is rented or purchased.

3) Completion of the enclosed income and expenditure Form, copies of pay slips...

4) Your agreement to us obtaining an independent valuation with your cheque payable for £140.00

5) A proposed completion statement drawn up by your solicitors.


In addition to receiving this information, our consent is conditional to no other costs, except those previously agreed by us, being deducted from the proceeds."


Signed, GE Money, Litigation department. No name.


Is it just me or are these people from another planet?


The current arrears now stand at over £10 000, there is an additional £7000 ERC which is increasing monthly. In fact, every month they get an arrears statement and the settlement figure is increasing by over £1000 per month!!!


Is it just me or is there grounds for taking GE to court for being in breach of contract for/or failing to comply with the conditions of a court order? I can not for one minute believe that this is in the customers best interest...


Looking at the letter sent, what is the point in sending them £140 and all that info? Why should my friends have to proof how they are going to pay back a shortfall largely generated as a result of "the computer"? Surely there is a duty of care on the lenders behalf not to let matters get this far out of hand?


The way I see it, and correct me if I'm wrong, my friends should take GE to court for being in breach of contract, claim back all charges and interest added to the account, claim that due to GE being in breach of contract, the ERC should be classed as null and void due to the breach or that it is unjust/unfair term in contract, plus claim all compound interest added to the account from the time when they fell behind following the court judgment in 07/2005.


In the T&C of the mortgage, there is a clause about Delay in Enforcement that states: " Our rights under this agreement will not be affected by any delay in enforcing them." I understand that but, how long is a delay? Surely this is another unfair term in contract?


There is also no mention of a Warrant of execution either!


If we can get the ERC and the arrears taken from the account, there will be just enough to sell the property at the price offered last year, there is no chance of selling at the current settlement figure.


I have read on here that people are being advised not to pursue claims against ERC at this time, but as I mentioned in the title, my friends have nothing further to loose if there claim is unsuccessful but a heck of a lot to gain if they win. All they want is to get rid of this now.


What should I suggest to my friends?


Yet again, thank you for any and all advise.




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I think they should seek free legal advice at the Citizens Advice Bureau.


I agree,

Sorry to hear about this situation your friends are in, it cant be easy, Im sure they are glad to have a good friend in you.

Wish them all the bset from me.


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Get some legal advice. Phone around and most solicitors will give you a free 30 mins. Duty of care is sometimes very difficult to prove.Duty of care in English law - Wikipedia, the free encyclopedia. Good luck and see a solicitor pronto.

A person is only as big as the dream they dare to live.



Good things come to he who waits



Its your money taken unlawfully from your account and you have a legal right to claim it back.

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