Hi - I cannot find anywhere stated you cannot counter claim a repossession action so have assumed you can - does anyone know if it is possible to use form N9B to submit a counter claim with the full defence to the repo action - no suspended repo in place at the moment - thank you.

Hi - I want to fully understand the judges intent on a suspended repo order on my property and consider taking it back into court because, the order says that pos. is given to the claimant on terms that I pay the instalments plus £50 towards arrears, then money judgment for legal costs to them to be added to the security. Right, so the claimant took me into court with an inflated arrears balance to include charges etc, but i was unable to challenge at the time, so i got done - there is no actual figure as to what the arrears are, which i thought they needed?? - it seems totally open-ended. Few months later the claimant capitalised said arrears so I was totally up to date. Later again, after redundancy, I got into small amount of arrears: so, does the original order now apply to these current arrears as the previous case was very specific to the claimants original action. Since then product transferred again to new third party administrator. Please??

Maybe we should make our own programme and go world wide webbing:-)

Hi - it is important that you get the DJ to agree that your secured loan does qualify as a contract founded on a deed - I had a solicitor do the work re the loan being added to the registry file as secured on the property and paid a fee to him to do that - which was not paid by the lender or broker. Having the correspondence still from that solicitor assisted me in my argument. My documents still show that absolutely no-one got any commission - so Backford Mktg were doing the deal out the kindness of their hearts!

Ah- so its Channel 4 - i have done a tv interview with them in the past re HSBC and managed loans - and yes it did not get resolved until that went to air!

Hi - back again - so the contract was entered into in 1997 - settled in 2000, SAR done in 2007, when started getting info in the media about such issues, that being ten years after signing the deal I suppose but still within the 12 years allowed for contracts founded on a deed BUT did not take it into court until 2010 after being run around by GE so was over in that respect - again - was NOT over in terms of being in knowledge of the cause of action, so as I discovered their crap deal and the PPI in 2007 I would be out of time today as the clock starts then for 3 years - think thats right. Hope its helpful.

Hi - might be easier for me to paste in what i had in my original POC Limitations Act 1980 Section 2, Time limit for actions founded on tort... S.20 (1) No action shall be brought to recover:- i. any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or ii. proceeds of the sale of land; after the expiry of twelve years from the date on which the right to receive the money accrued. And S.32 (1) (b) any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it…. (2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty…. It is our contention that at all relevant times, this credit agreement was improperly constructed and that the additional lump sum premium, if purporting to be insurance, must be proven as adequate and suitable for our needs and that no informed consent was given for this charge. I also thought about using the misrepresentation act but didnt do that, I quoted two cases from the FOS that were almost the same as mine. Also wondered if there would be any scope in the Fraud Act.

Hi - and thanks - I would say that GE gave me the runaround deliberately to take this issue over time as per limitations and I was foolish not to see that - I hear that many consumers are being *****ed by GE and Eversheds and I heard that there is a TV programme to be made somewhere re this company - cant find the info now - anyone else know about this??

Hi - I didnt use section 20 in the end as I couldnt get an ansa about its potential etc - but this is the thread about the case and I am still seething... http://www.consumeractiongroup.co.uk/forum/showthread.php?264228-GE-Eversheds-defending-PPI-claim/page3

HI - michael - I think you should send a SAR and get the files, allowing you to look at all the data and whether there is PPI (insurance) and commissions in there. Commission may be worked into the interest rate you are paying somehow but the PPI would have to show up somewhere if they are charging you for it plus interest. It sounds like you didnt even know you had it so how could they have fulfilled the criteria for the sale? If this is in joint names send your request from both of the parties involved otherwise they may redact a lot of the info. You can also go through their figures and check the penalty charges added - these attract interest too. Challenge them and I think they need an original agreement to take into court rather than a copy but not totally sure about that - perhaps someone else can confirm please. If you do not have the original how can you know what boxes were and were not ticked? all the best.

Hi - I believe a higher lending charge is just another name for just another fee - could be a MIG in which case this is a business asking a consumer to indemnify their losses - which i dont think they can do - perhaps this is why you are getting the runaround. Any MIG is in their favour not yours so will not help in terms of shortfalls - however - there is some debate around the time limits for lenders to chase shortfall amounts re negative equity sales etc. Assume this is the area you are in?

hi - I have a letter from GE specifically stating that there is no secret commission with regard to my claim against them - an old loan with ppi that they refuse to refund - the loan states the amount borrowed plus a further single sum premium for upfront ppi which the broker said we needed in order to have the loan - so the broker did get a commission after all - since this loan was settled a while ago I assume the figures were all fraudulent by the very nature of the deal - yes?

Hi george - what happened with your case - any updates? ive got a problem GE matter too so i wondered what the court said about it all - i didnt think they could take you into court for charges alone - the judge should throw that out straight away

Hi - I received a letter today from Chase Solutions, Lancashire. I dont know who they are but their registered office says: Robinson Way Ltd, in Salford, who they sound like a DCA. I have a bill outstanding and whilst I am on benefits I am struggling to pay the account. British Gas had said that I could pay £3.40 per week out of benefits to clear it but when I rang them last week to set it up they said I also had to an extra £17.00+ per week for current and future use.! No way I can I afford to lose that much money every week out as a single parent so I just said OK then just cut it off - I will manage without Gas and since your boiler isnt even working we have managed for 3 months already without hot water or central heating. At the same time as them chasing me for the gas bill they wanted me to pay a maintenance contract for the boiler at about £30 per month - again I couldnt afford it so they said I would have to pay nearly £80 for a call out and a further £170 per hour to fix it. back to square one - could have paid off the bill at £3.40 but not the rest. today have this debt chasing letter and I am wondering if this also means they are about to cut off the gas. I have applied to the social fund part of DWP for assistance with this but no reply as yet. Any ideas/advice please.

Hi - i think that there are specific criteria that apply to repossessing vehicles/goods under the Hire Purchase Laws - first check that they complied to the letter - it doesnt sound like they have. If it seems they have been premature in collecting the vehicle you should be able to sue them - I am not a legal bod but definitely worth getting it checked out properly - I think that the OFT and Trading Standards are responsible bodies for Hire Purchase contracts. Good Luck. I too am fighting a stinking HP deal.

Thanks. No comment on the charges? 2k worth so far, err what about not disclosing the total cost of the warranty?

Yes very helpful - thank you. Has anyone got any data on what First National/GE were up to with their fees and hidden costs etc around about 1998? please

Hi - i am still looking for a solution and still believe that being fleeced out of money is against the law!! - whether that is by a company or an individual - if i have to i will write a letter a day for the next ten years and at some time this company will be brougt to justice!

Maybelline - I answered on your other thread but really cannot understand how you can be given such little notice and the first thing you will ask for is an adjournment - the forms for defending repo in mortgage case is the N11M as far as I understand it - perhaps someone else can confirm this please

Hi Maybelline - I always thought that a repo action from a lender was answered on a form N11M that is sent for defence purposes - at least that is what I had to deal with when GMAC took us into court - (repo suspended) - we went to court and asked the DJ for an adjournment in order to get our full defence in place and legal aid etc - i certainly didnt pay a fee as it was the lenders action not mine - I note that others have mentioned the N244 - does anyone know the definitive answer please??? Good Luck for tomorrow - it sounds like you have had very little notice and cannot see any reason why you would be forced to defend it all right now - that would go against the CPR and the courts remit etc.

Hi - can anyone help me understand this HP agreement? The Car Cash Price and Total Charge for credit on left side. PPI, GAP insurance, and Warranty on the right, with total charge for credit for those 3 items represented as a total. I cancelled two of those items soon after entering into the agreement so how do I know what the actuall total is due on this agreement? I am in dispute with this finance company over charges and getting letters stating they will repossess the vehicle. I have paid more than half but cannot pay the normal monthly amount whilst on benefits or £7.50 per text to me etc. They have written again saying they will take the car so I have done a SAR to get more info and think maybe I should go to court for an order to pay a rate I can afford. Any advice please.

WON - they finally paid the interest at 8 percent after I threatened to send it in to the FOS and/or court.

Hi - many thanks for that.

Hi - thanks but I dont see any point in asking the FOS again as they were adamant that they are not involved with any disputes with companies that are not regulated by them

Hi - I started claiming back a PPI in 2007, which was settled early being in year 2000. I had no success in getting a refund from GE despite having been told by the broker that I had to have this Insurance attached to a then First National Bank loan - no face to face discussions etc. I have taken this matter up with Ge many times and eventually took it into court as a lip on benefits - they sent a barrister - I lost. I still believe they owe me and wonder if there is any advice as to what else I can do. The court did not decide that i wasnt mis-sold - it failed on a technicality and the judge pretty much said that he knew i was right but just couldnt find for me. Tried to FOS etc but they say they were not regulated at the time and not in any schemes re insurance either - arrgh. any advice welcomed - thanks.