If you can not see anyway forward in renting the properties - then I would advise selling the properties rather than them letting them go to possession at least that way you will minimise the loss. If you did that what do you estimate the total loss to be ? Presumably that would be split between you?

I think considering there is no official partnership agreement then the lender was lapse in letting you have the mortgage in the first place - in other words this was really a business loan with no official business in place.

My initial reaction would be that you do need some sort of legal advice. A solicitor specialising in property law. You can normally get the first 1/2 free and that may tell you what you need to know.

you also need to look at the mortgage agreement carefully to see how they have worded the responsibilty of the loan.

I would guess your property has not been used as security but they may try and get a charge on it. It all depends on what you owe and whether you are able to repay it.

What are the other people on the mortgage doing about the problem?

We never said there is anything wrong with recalculating the mortgage to include the fees- you are paying interest on the charges anyway so that does not make any difference. Have they agreed to stop adding arrears charges whilst you have an arrangement?

what we are saying is that they went to court with a false figure and now the total amount they are asking for is greater than you can afford - although you will pay arrears off quicker - also the increase in the MP seems high.

If you want we can try a letter before you go back to court if you want one last try ( dont hold out much hope though)

basically you will be asking to reduce the arrears contribution - and also complain officically about the level of the charges.

I assume you know the amount of fees that they have added to your debt

do you agree that figure?

do you know the current interest rate and remaing term? Is it interest only or repayment?

You should then be able to work out if the increase is correct.

I agree with Ell-enn - even if they said MP of XXX and arrears payment XXX when you went to court they inflated the arrears by the charges - so the whole basis on which they took you to court has changed.

my first instinct is that the increase`from 388 to 515 seems too much just to cover charges over the remaining term?

does not seem right to me. Also if you are entitled to a refund of charges you should be asking for the interest applied as well.

Mortgage Watchdog Pro

would it be woth investing in something like this ? I found this today, not endorsing it - but what about something similar?

would the poster have to make an application to the court using the normal form?

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/194077-ge-monthly-arrears-charges.html

see post 5 on this thread for the letter - you adapt the letter for the mortgage charges. Also I would ask them to show you specifically in your original terms and conditions where it allows them to include the arrears charges in the arrears total that they have used to take you to court.

I have asked ell-enn to have alook at your thread.

sometimes it is good to do a summary post of where you are - exactly what letters you have done and the figures . Its just that we do all look at a lot of threads and it is easy to get confused some times - so e.g

Court case date:

Arrears total £

you agree this was arrears of xxx charges xxx

arrangement mp xxxx arrears reduction xxxx

since then charges added xxxxx

new mp as charges xxxx consilidated xxxx

they are asking for MP now xxxx plus arrears xxxx

mortgage is interest only? or Repayment?

Letters /action so far.

It might help to sharpen the mind on exactly what has happened. also if others read it and ask you questions you can refer them back to the post number:)

http://www.consumeractiongroup.co.uk/forum/repossessions/235105-eviction-2nd-december.html

post 49 on this thread is interesting

there is a letter I will find in in a minute. I think I will try and get hold of Ell-enn because it may be worth you going back to court if you can.

I was thinking about your case last night.

Basically they took you to court with a falso amount of arrears because it included the charges.

You are also being charged interest on all these charges which has increased your debt.

my question is that as they were the ones taking you to court I dont think you can request another hearing - because I think basically the court is concerned with the arrears and not the fact the lender imposes charges for you being in arrears - however I am sure I saw a case on here recently where the lender included the charges and the court suspened the hearing and asked the lender to go away and show in the T&C that they were allowed to include the charges in the arrears figure- if I could find that thread and what happened it might help.

Sorry I cant be more helpful but my initial reaction is that they took you to court using a false arrears figure and therefore you could have a good case for complaint - now whether that is back to the court or the FOS I am not sure.

Can you do a quick summary of what the arrears were in the court paper

what you think they were , what has beed added to your debt and what arrears are showing now. If you are not sure I think you need to clearly demand a full breakdown of exactly what has happened on your account.

I think you need Ell-enns help on this. Personally If I was in your position in view of that information I might re-apply to the court for a lower contribution towards the arrears. the reason being that when you agreed the repayment figure it was based on your budget at the time. So in fact you can still only afford the total agreed in court which means you need to pay a lower amount towards the arrears. However I am not sure if it is only the lender that can apply for a hearing?

Can you clarify that if they have added all charges to the basic loan that now the arrears figure is showing as a lower amount ( which is why you are saying you will repay it earlier?). How do they show you the arrears on a statement or in a letter?

Are you actually going to struggle making the new MP and the arrears?

Hi, I am still around and thinking of my position, I do not want to have to give this bloke my hard earned money.

I am on pension credit with little savings. If i just did not pay, he would get an enforcement order, i have nothing of value in my property that belongs to me, my son who lives with us has quit a lot of electrical stuff as he makes his own music and has a big tv .

when the bailif turns up can anybody tell me exactly what they can and can not do.

Is the onus on them to prove things belong to me or if I say it does not belong to me is that good enough? does my son have to provide receipts?.

can they take jointly owned belongings?.

I have seen somewhere i can swear an affidavit ? in front of a solicitor to the effect that nothing of value in my property belongs to me is that right?.

There are so many stories on tv like rouge traders,were people just do not pay ccj`s and nothing happens to them. At my time of life i am not worried about a ccj only how far things might go.

Is this the answer as it seems the easiest way?.

I can understand your comment - but you are going to get the item in dispute in return, is that right ? Presumably you have the funds that you were going to purchase it with in the first place? So as suggested before you could sell it to regain some of your funds?

Not that I am suggesting you should not appeal - I think you seem to have a good case if you can get your evidence together.

My boss actually purchased a trailer from ebay. When he got it home and made a thorough inspection there were lots of covered up faults. I guess Caveat Emptor should have precided - but he did get his money back.

Can the original poster update this thread with how things are going?

thanks

To the original poster - are you able to update this thread as there are others in the same position as you that need some help.

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/194077-ge-monthly-arrears-charges.html?highlight=GE

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/225928-ge-money-change-terms.html?highlight=GE

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/217440-ge-money-arrears-charges.html?highlight=GE

when you say they are increasing the amount to cover charges can you be a bit clearer- are they increasing your MP and Or recalculating your total debt including all the charges ANd the arrears and then working out your MP on that debt at their current interest rate. And then are they going to stop the arrears charges? In other words give you a clean start? We need to know does the re-calculation include the arrears as well?

Even if it is incorporated into the debt it should not stop you re-claiming them.

Personally - and Ell-enn is really your best court of call- I would say for the moment your main correspondence should be with the lender because the court is really only concerned with the arrears and possession. However you should be keeping meticulous records of all correspondence so that if and when you are back in court you can explain exactly what has happened.

As far as I can see you have made an official complaint about the charges - they have acknowledged that so have 8 weeks to respond - or is their response to re-calculate the mortgage?

If it is than that is not the end of the matter - your next step would be a complaint to the FOS. (OR FLA -SEE LINKS BELOW)

Now because of the court case I would suggest that you have enough reason to go to the FOS earlier - it may be worth a try.

You may be able to give the FOS a try and see what their reaction is. You can also complain to the FSA and the Council of mortgage lenders. They can not deal with individual cases but all complaints should get logged against each lender.

I am sure there is something on the forum that said that GE had stopped arrears charges whilst there was an arrangement in place. Have you done a search and read through other GE threads?

Watching your thread with interest and hoping to have a full read later on.

i have got all my info from egg and dont know really where to start - so your case will be of great assistance to me.

easyJet plc, London Luton Airport, Beds, LU2 9LS

Easy Jet

Email customer service using their online form

Or

Phone customer service on 0871 244 2366 (calls cost 10p per minute; calls from mobiles and other networks may cost more – currently no viable http://www.saynoto0870.com alternative)

Easyjet says “it does not accept communication by post,” but, if you want to submit a formal written complaint, try writing to their registered address:

Complaints Handling (Formal Complaint), EasyJet plc, Hangar 89, London Luton Airport, Bedfordshire, LU2 9PF

easyjet@mailnj.custhelp.com

Was this the email address you tried?

this site may be of use

www.entitledto.co.uk

Just a comment - as a Company Director I do dislike the use of the internet for personal use as it very quickly can get out of hand. However when we had a problem at our office we made it clear what the rules were by refreshing our internet policy and re-issuing it to all members of staff - so a slap on the wrist so to speak. Although in your case the consequences are written in your contract it seems that you may be being used as some kind of scapegoat so I do have some sympathy with you.

Have you actually approached them to explain what happened ? It must be pretty obvious if they check their records that you would not book the same flight on the same day twice? I would get in touch with the customer service department pretty quick and see what reaction you get first.

I agree with you about the post - I know of a letter that was posted to me on 21st December and it arrived on 5th January. Surely they must take into account the delays because of the delays caused by strikes and the bad weather? I can not believe that they would send such a vital letter by normal post either.

If you can get the name of a manager - email address if possible and write a very strongly worded letter. Firm but polite asking them to re-consider their decsion talking all the extenuating circumstances into account. then if you get no joy ask for a copy of their complaints proceedure - if they have one - or get the name of the person at the top.

Can you explain a bit more about the arrears - are there tennants not paying or unable to let the properties?

Just trying to check on all angles for the future.

Do you have a partnership contract and the original papers from the lender?

I think another angle is that you applied on a financial hardship basis and so far they have offered you no financial assistance. I will check on the other forum I am on what their current recomendations are - I know thwy are working hard on some imminent claims and changing POC.