Ge Money / Repossession - Helping A Friend With Thanks To Ell-enn

[jaxads]

Just a post to give some help and encouragement to anyone out there facing a Repossession Hearing.

 

My friend confided in me last week that she had a possession hearing yesterday!! I didn't know anything about these, but knew my friends on CAG would!!! I read around the threads and one name kept popping up again and again as giving sound advice ELL-ENN.

 

With the details I got from my friend, Ell-Enn produced a witness statement - grateful thanks to Ell-Enn.

 

Here is an outline of what happened at the hearing .....

 

Went to court, nervous, apprehensive, worried. Court staff lovely.

 

They let us go into a private room and said that GE's Solicitor would come in to see us before the hearing.

 

I would have been horrified at the thought of this, had I not known about this from threads on here.

 

He introduced himself (didn't work for GE or their Solicitors but was I take it "hired" by them for the case. He had a few that day!)

 

He was really amazed at the paperwork we had put together, said he'd never seen anyone so organised . We'd done, a witness statement (again, thanks to Ell-Enn), an income/expenditure sheet (make sure EVERYTHING is included), a verbal statement, reasons for arrears, outline proposals to get back back on track, etc. He was quite taken aback at how professional it all looked.

 

Friend was obviously very nervous and her voice kept going. He said he would be going for repossession as that is what he'd been instructed to do. He then, with the details we'd given went out of the room to phone the Solicitors back to find out if a deal could be struck. He came back and said "no deal" and to leave it up to the judge.

 

He did say, off the record, that most of the time the judges come down on the side of the defendent, provided they could show they had the means to repay ....... given that friend was looking at repaying arrears over 16 months he personally didn't think it would be a problem. He did say that in some cases the judge can spread the arrears over the whole term of the loan (which I knew anyway - thanks again Ell-Enn;) ) He was actually quite a decent guy - despite the job he does!!

 

Went into the Judges Chambers - he then proceeded to put forward his case. Judge asked friend a few questions - she held together remarkably well and answered them as best as she could.

 

The Judge then said - "I'll Grant a Possession Order (at which point my friend physically drooped) ...... suspended upon the arrears being repaid as set out in the statement".

 

The guy representing GE gave us what seemed to be a genuine smile and we left.

 

Only in the chambers about 5 mins.

 

Now GE cannot hassle her for more than has been agreed in court and she feels better than she has for months. Such a relief. Another success story!!!

 

Friend passes on her heartfelt thanks - she can start living again now!!!

 

On the way out of the court I picked up a few new forms to fill in myself --- well I need to get cracking with the next "who gives you xtra" charges refund from the Halifax and the £12 charges I've still to reclaim from Crap 1.

[sillygirl1]

"Leaving it up to the Judge on the day of hearing" is a non no. What you need to do is write that down and send it to the court - you tried to come to a deal with them and they didn't want to know.

 

It might have some bearing if a future reposession hearing happens.

 

Also you need to get a 'Notice of Disassociation' as soon as the arrears are paid off otherwise if an arrears situation arises again they will use the same order and have a stronger case against your friend.

 

Well done though for the work in a short space of time.....

[jaxads]

Hi Sillygirl1 -- yes it took some putting together in just a few days!!

 

Right result in the end - thankfully!!!

 

Just thought others might find the information useful if they're worried (as they would be) about going to court.

[nuke em]

"Leaving it up to the Judge on the day of hearing" is a non no. What you need to do is write that down and send it to the court - you tried to come to a deal with them and they didn't want to know.

 

It might have some bearing if a future reposession hearing happens.

 

.....

 

I always file a defence in advance of my hearings, The judges never takes too much notice of it, always my defence has been "i've tried to come to a deal with them and they didn't want to know". BUT i do it for exactly the reason sillygirl1 says ie it might have some bearing on the future & or shortfalls etc.

 

I'm getting quite good at them now. 6 more hearings scheduled over the next 10 weeks...........

[jaxads]

Nuke em --- sounds like you're going to be busy for the next couple of weeks!!

 

Best wishes to you -- go get em

[nuke em]

As i believe Andy Warhol want said "Everybody is famous for 15 minutes" This will be my infamous claim to claim , loads of repos then BR

By the way even now if one lender was to do a deal , i would feel there was some hope, but all of them just push for repossession. So much for the FSA & CML rules. Those rules are to "assure" the public when they apply for a mortgage , they dont apply to lenders AFTER you have a mortgage!

[jaxads]

OK - friend has loads of charges on this account that she now has a court order for. Before this, she has a previous loan with GE Money which was cleared, but again with loads of charges.

 

Could she try to reclaim the first lot of charges (on the loan that is now cleared), or would this be not be considered wise given the position she is is now??

 

The charges & interest from the first loan would more than clear the outstanding arrears that she is paying now on the second loan.

 

Hope that makes sense - any thoughts would be appreciated.

[tonycee]

Hi jaxads.

 

Nice to read your friend is feeling better about the situation.

You must stress to your friend the importance of keeping up the agreed amounts that the court set.

If not you will be in default and GE can go for enforcement of the suspended repo.

Its much harder the second time if you break the agreement.

Having said that, well done to you for supporting your friend.

 

Yes, i would deffinately go for reclaiming the charges on the loan account, obviously start with a SAR.

 

Did she have PPI on the loan?.