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the puffin

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  1. Sonya please do not worry this wont do you any good whatsoever and please dont beat yourself up you aint messed up we all make mistakes I have been where you are and I know what your going through. Firstly as the very knowledgeable Ellen has said this is just a scare tactic you will probably have a few more letters this week up to the actual day and a few phonecalls as well. This is going to sound very very negative but ... be careful what you say to them on the phone they record their calls and anything that weakens your case will be used against you. Okay now going to court aint all that bad. I represented myself on my own over 4 years or so of battling GE - the court is very informal you them and the judge - be cool calm and stay focused ansa the judges questions clearly and concicesly, be honest and if you dont understand or disagree with whats being said dont be afraid to interupt. You are not on trial and the court doesnt want you to lose your home unless it is necessary - if you have proof of what you have told us and can show you are able and willing to make payments then in all likelihood the court will see in your favour and order a suspension. If it doesnt you can go back to court even on the day of eviction and try again - but hopefully it wont be necessary. If you get a suspended posession order and the judge gets you to make an undertaking to pay xyz amount ontop each month - beg steal or borrow to make that payment and as soon as you are aware that you cant get yourself to court and ask the court to reduce the amount - if you dont then GE will go straight for the jugular and you will find yourself with an eviction order before you can bat an eye and the court will look badly upon you for not approaching them first. You might get another suspended order at this point but it will all depend on your circumstances. When you are in court, dont be afraid to tell the judge what has happened in your telephone dealings with GE - if you dont tell him/her they will not know - sure as hell GE wont tell them. Dont go over the top dont slag them off state the facts clearly and concisely eg. refusal to accept payment, telling you to save your money to pay for next property etc. If you tell the court the truth you cannot be penalised for it. GE claim they rely on facts they will quote the number of missed calls offers to pay that have not materialised but most importantly of all they rely VERY heavilly on the amount of arrears any previous agreements and p[ayments made to date - they dwell and make the court dwell on the negatives so show them the positives. Now hopefully this will give you some hope - last week I filed an N244 with my local court even though I have an ongoing investigation with the Ombudsman. I filed as I wanted the posession order they hold either suspended or cancelled as I do not trust them an inch and I owe them nothing my account is in credit at the moment and also I asked the court to put a hold on an increase of £100 a month that they were charging me to cover the 2k charges they were charging for the eviction that never happened. Received court papers yesterday date set for 26th June then today totally out ofthe blue had a call from Simply Law solicitors (GE's in house law firm) they are prepared to waive the posession order and put a hold on the charges as long as I cancel the court action and tell the court it is my decision - so they dont have to pay charges as I asked the judge to make them pay their own as it was their fault that we were in court. My response - When you send me a letter of confirmation I will cancel the court action until then it will remain. This is the first time GE have shown any sign of backing down and I am chuffed. See they are not invincible and they do know when they are on a hiding to nothing - when right is on your side so is the law.
  2. GE are a nightmare - fact! I have been through and am still going through hell with them and I know exactly what your saying about them refusing to accept things - they will (or get their representatives to ) lie through their teeth in court. You have done the right thing by filling in the N244 and by making the payment - if you can remember dates and times that you contacted GE write them down and take them with you to show the judge you have tried to resolve this with them as they will claim to have no record even though all their calls are recorded. Their solicitors are Simply Law but if you challenge them they will say they are acting for GE when you challenge GE about them they will say they are independent yet Simply Laws website clearly states they work exclusively for GE and are based in the same building. If you cant get representation from the court contact Shelter and ask them if they have a court desk scheme - they will often send someone to court to help you and go into court with you - theres nothing worse than going it alone. I am currently in limbo with GE after losing my home and then getting it back the same day - see my thread on here - at moment they are under investigation by the Financial Ombudsman and then I am going to sue them for the £10000 worth of charges they have taken off me in the past 6 years. Good luck with your hearing will keep everything crossed for you - if you want any tips on dealing with GE and how to get answers out of them drop me a message as I have finally worked out how to play them at their own game. They are not invincible and you sound like you have a very secure reason for suspending the posession please dont let them wear you down they are bullies but they will back down. Oh yeah just a note, ask the judge for the claimant to pay their own costs - otherwise you are going to be hit with a bill for around £500 if the posession is stopped and you are looking at in excess of £2k if the eviction goes ahead - I know I'm fighting the charges to prove it.
  3. I dont know if this will be of any help - but I have recently been through a full reposession was actually reposessed and then given back the property same day. paid off arearrs following day in full and actually am in credit on my payments now (hoorah!) However, when I asked the mortgage company why they wouldnt withdraw the posession order they told me it would stay in force for 6 years and if the arrears accrued again they could automatically go for posession! I am in limbo at the moment but awaiting on the ombudsman before I go direct to court to see if I can get it overturned - so guess your best bet is to speak to the court that issued the warrant for posession.
  4. I'm posting this to see if anyone has ever come across the nightmare that my partner and I are just recovering from. Will try and be consise as its complicated - we bought out property late 2006 with a 110k mortgage from Ge - we put down the rest of the money ourselves - currently its worth and on the market for just short of £250k. Right here goes - one thing and another we fell into arrears and off and on for about 3 years was back and fore to court to save the property from reposession. On 9th jan this year went to court on what should have been a straight forward hearing for claimant to prove some info when it all went wrong! Judge refused to suspend the possession order again as I would not sell my property for 100K less than it was worth - repossession date set for 19th Feb 2013. I tried everything to get it sorted and pay off the arrears of 8k (which I now realise were made up of mostly charges and fees) to no avail then at the 11th hour I found a bridging finance deal. The broker approached GE MONEY who point blank refused to entertain the proposal. On the day of the eviction I went to court but the judge wouldnt listen and by the time I got home my partner had been evicted locks changed 7 day notice in the window and we were on the street. Then at 4.40pm (3 hours later) I got a call out of the blue telling me to go and fetch keys from estate agent as reposession had been rescheduled for 21st Feb as our horses were still at the property and the bailiff had granted 48hrs for them to be removed.?????? The bailiff had done this at 1pm and had said nothing about rescheduling that was GE's decision. Went got the keys moved back in and the next day borrowed the money cleared the arrears and all over!(Not quite that simple but for this post) Now nobody I have spoken to not Shelter, not the Bailiff who evicted us, not solicitors, estate agents or any number of other agencies have ever heard of this situation happening. GE then decided to close all means of communication refused to answer my letters phone calls and when threatened did reply with a load of BS - which is now being dealt with by the Ombudsman - the asset management company who changed the locks emptied our fridge/freezer etc coughed up £200 compensation because we complained but GE are still trying to charge 2K for the reposession even though they have stated that the reposession never took place! Confused? We are. So here we are 3 months later still none the wiser so any advice as to where to go next much appreciated. Thnx will give any further info if required.
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