Hi went through the process to reclaim charges , then onto the Ombusman who upheld the fact that Acenden were within their right to charge what they like! thought that was it but we have another property, same problem, arrears are all charges and in this case went to Ombudsman and they have upheld our claim. This is inconsistent. Can I do anything about the first claim? Can I ask the Ombudsman to re-open case as they did not address the fact whether they were fair or not? Thanks for any advice.

Out of the blue we have received a charge for removing /eviction date 22nd November. The outstanding so called arrears are all charges, fees. disputed insurance . We failed via the ombusman to get them refunded. We were toying with taking next steps and not giving up by taking them to court but have not done that yet What is confusing is we have another case with Ombudsman very similar which was upheld? Need urgent help on what to do to prevent eviction taking place. Many thanks for help

Hi many thanks , the eviction was indeed cancelled. I received written confirmation from acting solicitors who advised they will be in touch once instructions received. No calling up notice which is why the stoipped action in view of recent court haring. I will have a go at ringing Govan but I think they only help those who live in Glasgow.

Hi Ida any update? Thanks

Many thanks Ida, and look forward to hearing expert opinion. I suspect there are lots in this position and if we could wipe the original decree off it would give a clean start and buy some time.

I have a decree for reposession still in force as a result of arrears I am fighting which are all made up of legal fees and charges. My mortgage payments are in fact up to date. I have gone the formal complaint route and repoted matters to FSO & FSA but still they issued a final eviction which was due next week. In light of the recent high court decision, I was told today by their solicitors, that eviction has now been cancelled. I have once again advised them that there is an outstanding complaint and the 'arrears are all charges and that no further action should be taken since the matter is now with FOS. In view of recent ruling and the fact they never issued a calling up notice, can I get the original decree cancelled? if so how can I do that? Thanks for any help

Hi could do with some help.......putting together paperwork to get to court asap. Not sure how to tackle the fact there is already a hearing in November? Thanks

Hello need some help with an eviction notice delivered today to my son.I am his mum but live considerable distance from him, and he needs help handling these matters. Some background. My son is 23, lives on his own, has a flat, mortgage in his sole name with GE Money. Last year oct. 2009 he lost his job and split with girlfriend who was contributing to the household budget. He was also on a very high fixed 3 year term which did not adjust downwards until August this year 2010. Since Oct 09 a very rocky road he was in and out of work suffered depression and stomach problems and is still receiving treatment. He is now only just back in full time work is much better, but is only earning half what he used to. He made payments over last 12 months to GE as and when he could which was roughtly 50% of the monthly amount which they agreed to for the first 6 months. He was, however, taken to court in June 2010 for possession proceedings and was granted suspension order, provided payment of £750 maintained (mortgage was £709 at that time). The judge also ordered a review after August as it was mentioned in court that there would be reduction in mortgage payments effective September 2010 since his fixed term would then end. The court has since sent him a review hearing date for 15th November. Unfortunatley he lost job again in June 2010 and could not stick to order and missed 3 payments.He did however get back to work in August shortly afterwards. He did contact GE and has written to them twice to make new offer of £400, starting 30th September, of which £351 is new normal payments (they were £709) so £49 towards arrears, plus asked if the arrears of approx £5k could be capitalised. He made the first payment of £400 as per his offer on 30th September. Despite writing to GE twice they have not replied and today he received eviction date of 18th October next week. They have disregarded the fact there is already a review hearing scheduled by the court for 19th November as previously mentioned. Would be grateful for help in dealing with this . I am very worried this may affect his health again as he is making excellent progress at the moment. The reason he got the flat in the first place was because his dad died 4 years ago he was living with his dad at the time and after family discussions he felt he would rather stay near his friends and some of my famly rather than move in with me in Scotland and start again. Thanks for any assistance.

Hi Thanks. Contacted Govan but would not help as we were not in Glasgow catchment area?

Hi need some help with the repossession process in Scotland with our friends Capstone. They are claiming £1,200 arrears which is nearly all charges and not unpaid mortgage payments. we got behind last year when we had no income for 3/4 months. This is also buy to let property and we could not get a tenant and could not keep up with payments, however we are now paying each month ok at the moment. I am fully aware of this company and want to take them on. I have sent a subject access request on 19th May to get full statements since inception as I have no real idea of the scale of the charges might be. They have acknowledged receipt, but not yet complied., but they still issued Form of Warrant in Action on 1st June. I have written to complain about this and copied their agents Anderson Fyfe. As I understand it when a dispute is raised they should not take further action. I have 21 days to say whether we intend to defend etc. and need some help as to how to tackle this one. Many Thanks for help.

Hi anyone available to give us some guidance!

Hi, am looking for help for my son who is 23 and has a mortgaage with GE. lives on his own, lost his job last year, October,and split with his girlfriend who also contrbuted to the household but was not on the morgage. He did not get any redundancy as he was not entitled and was out of work for 3 months. He agreed with GE to pay 50% of his mortgage for a 6 month period but he failed to keep this up and missed 2 payments. He has arrears of around £2.5k. and was taken to court for repossession last month but it was adjourned as solicitor for GE had not all paperwork in order. Prior to the hearing last month, he sent in an income sheet and offered full payment of monthly instalment plus £30 per month towards arrears as he is now back in full time work. He has stuck to that having now paid April and May in full plus the additional amount. In his letter to GE making the offer, he pointed out that this offer was for 4 months since he is still on a fixed term so he has not benefitted from an interest rate reductions. He asked for the current offer to be agreed until August when he could re-evaluate depending on what the new mortgage payment should be. GE wrote back refusing offer since it would take too long to pay back. They clearly did not read his letter as he was asking for the current arrangement only until August when the intention is to increase the additional payment. Next hearing is on Thursday 20th May so not sure what to do now. He is also suffering from stress and depression, is signed off work and is under the doctor and has told me today he cannot face court on Thursday. I cannot go for him as I live in Scotland and his is in England. Would appreciate some urgent help and guidance on strategy with this. I understand there are pre action protocols that need to be taken nto account and in view of his offer which they have not fully taken into account surely this should be explored further prior to any action? many thanks

never used photobucket before. Have uploaded but how to I re-post? could do with help so you get a decent size attachment

another go!

Attached is agreement.

Hi Ida, will do.

Hi loan was taken out in 2003 for a conservatory and it is shown on the credit agreement. The agreement was signed at home by me but it was a joint application and was not signed by m husband. I recently did a SAR request and foundthat the copy agreement had my signature on it but not my husbands. There is a signature for him but definaely not his. We never signed for the insurance and we have a letter from the lender in 2004 confirming we did not have insurance and urging us to take it!

Hi Ida Went to court today and was terrified. Judge was ok and explained that I could not contest the debt all he could do was look at the offer to pay which was rejected. The other side went for an open decree and it was granted. I do not know what that means. The judge did suggest that as the ccj originated in England I should go back via that route and challenge it and get some advice. End of the day we have no money to pay £19k! there are PPI charges etc. and the whole thing is a mess. I received details from my SAR request which confirmed the signature is not that of my husband on the agreement, PPI was charged in error I have a letter from the lender to confirm this anyhow! there are charges of £800 plus that are on the account that Ican challenge. Not sure what action to take next and would be grateful for some advice.

I hope someone can help. I am disputing a loan and was charged £1062.45 for PPI. I still have the origibnal application form which was never signed by me. I cca's for all information and it is clearly shown on the agreement and with accrued interest the total cost was £1672.27. I assume I have a valid claim to get this amount reversed. Thanks for your help.

on another note the signature on the agreement is not that of my husband. Mine is on there and as it was 2003 cannot remember circumstances now. I think it was all via post.

Hi Ida, had response from court and the offer has been declined. Copy letter from Mellicks solicitors in Glasgow basically said offer wholly inadequade. They, claimed that because we originally attempted to get set aside in 2008 due to duristiction, and this is the history, that a time to pay order in favour of applicants would be unreasonable especially the amount of £25. Court hearing on 23rd so next week. Had reply from SAR from asset link with statement and copy credit agreeement. We offered £25 per month all we can afford at the moment. I am part time and husband on Jobseekers. The statement of account shows loads of charges, an 'adjustment' £130, Fees £310 totalling £785. In addition there is £1062.45 insurance. Not sure what to do now as we cannot pay any more.

Hi need some urgent help. Had financial difficulties when company went under (in the house building business!) in 2009 almost lost house got to suspended possession stage in scotland process, made an arrangement in November then lost my work contract and was out of work for 2 months. Could not pay mortgage payments. a Final notice of ejection delivered today out of the blue and have 14 days to sort it out. Had arrears of around £1700 that I had agreed to pay at normal payment plus £250. December & January are outstanding and February has just been paid. Spoke to capstone today and they said they would not cancel eviction unless full amount is paid which is now around £2,500. I cannot find all of it but over the next 14 days I will be able to pay the missing instalments plus current month which would leave £1,000 still overdue. There are probably loads of charges in the balance but have not had a statement for a long time. Also I come off the fixed rate this month and the monthly payment has reduced and I received no notification. What is the process in scotland to get the eviction stopped as I could get account up to date in next month or two plus what can I do if anything about the charges which are rediculous? Many thanks

Hello Ida no worries at least it is sort of under control. The balance is now£19k. and I know they have been adding interest of around 15% when the original agreement showed 12.7% so not sure if that is valid. The PPI figure was £1062.45 and I still do not know what it was for but will wait to see what comes back. Th original finance co was First National Bank. Hope this helps and I will start to read up on the PPI issue.

Phew what a day! Completed all paperwork for the time to pay order x 2, filled in a budget sheet (used one provided by national debt line) sent SAR recorded delivery to Link with £10 postal order. Let the sheriff and the solicitor know what was happening and copied everyone in on everything, and took papers to court. There was an initial concern by the sheriff court office that there was a limit of £10k as apposed to £25k for the application and after numerous calls to some stroppy solicitors who knew little about the process it would seem it was agreed £25k was indeed the limit as is published on the national debt line fact sheet! wasted a load of time and was very stressed at one point! Have offered the maximum we can afford for now of £25 per month so I guess we now wait and see what comes back. It seems to me having gone through difficult times in the last 18 months that even though it may seem a good idea to pay for a solicitor most of the time with sound advice you can in fact deal with things yourself and save a fortune!

Our nearest sheriff court is in Banff, NE Scotland so I assume I take the time to pay order to them?