GE Money seeking repossession - **WON 3 Times NOW**

[Ell-enn]

I believe it is the cheltenham and gloucester v norgan case in the appeal court where a judge allowed 'reasonable term' to be the arrears being repaid over the remainder of the term of the mortgage, so if you had 15 years to go for example, then over that time. do check it out, just google it:)

 

We have used that case law in the defence statement for court

[Ell-enn]

I believe it is the cheltenham and gloucester v norgan case in the appeal court where a judge allowed 'reasonable term' to be the arrears being repaid over the remainder of the term of the mortgage, so if you had 15 years to go for example, then over that time. do check it out, just google it:)

 

We have used that case law in the defence statement for court

[maybelline]

great! very good luck:)

[maybelline]

great! very good luck:)

[braeworth]

Ok monthly payment + 150 paid this morning. Arrears now at 2350 which is less than 3 months in arrears, charges at 3080.

The guy from GE didnt say a lot he just said they would give their statement, we would give ours and the the judge would decide. Dont know what could be in their statement other than other failed arrangements

[braeworth]

Ok monthly payment + 150 paid this morning. Arrears now at 2350 which is less than 3 months in arrears, charges at 3080.

The guy from GE didnt say a lot he just said they would give their statement, we would give ours and the the judge would decide. Dont know what could be in their statement other than other failed arrangements

[Ell-enn]

OK, can you print off proof of payment ? we will need that for you to take to court.

[Ell-enn]

OK, can you print off proof of payment ? we will need that for you to take to court.

[braeworth]

Hi Ell-enn,

I will see if it appears on our bank statement over the weekend, I paid it by debit card. If not I have the name of the person I spoke to and the authorizatation code.

 

After I made the payment I was feeling quite confident about things but cant help thinking what if? And wondering what they could use in their statement to try and gain possession

[braeworth]

Hi Ell-enn,

I will see if it appears on our bank statement over the weekend, I paid it by debit card. If not I have the name of the person I spoke to and the authorizatation code.

 

After I made the payment I was feeling quite confident about things but cant help thinking what if? And wondering what they could use in their statement to try and gain possession

[luluspice]

Hi, our mortgage is with GE. I am in the position of losing my home as DWP don't pay the interest on all our mortgage as we remortgaged to fund a business. GE got a decree to repossess over a year ago, but with the help of Govan Law centre it was sisted. What I have discovered about GE is that they do not know or follow the law. We were negotiating via our lawyers & theirs, but they still phone & send threatening letters - not OFT guidelines! If you get anything that means they are going to reposess - defend yourself. If you can prove you were paying something & had an arrangement in place the judge may well boot them out of court!

[luluspice]

Hi, our mortgage is with GE. I am in the position of losing my home as DWP don't pay the interest on all our mortgage as we remortgaged to fund a business. GE got a decree to repossess over a year ago, but with the help of Govan Law centre it was sisted. What I have discovered about GE is that they do not know or follow the law. We were negotiating via our lawyers & theirs, but they still phone & send threatening letters - not OFT guidelines! If you get anything that means they are going to reposess - defend yourself. If you can prove you were paying something & had an arrangement in place the judge may well boot them out of court!

[maybelline]

Blemain finance v Bentley - S140a of CCA 1974 defendant issued a counterclaim arging that the contract was unfair.

 

dont know if this might be helpful to consider.

[maybelline]

Blemain finance v Bentley - S140a of CCA 1974 defendant issued a counterclaim arging that the contract was unfair.

 

dont know if this might be helpful to consider.

[luluspice]

Thanks for that, however don't think it can help as it is not a second mortgage, it's a remortgage.

Guess we are stuffed! DWP will only pay £22.00 a week towards the mortgage - that is only covering the original mortgage we cleared when we remortgaged. the current mortgage is £83000. - around £800 per month as it is a sub prime! mortgage is only in hubby's name. and even if we were getting more DWP help it will go up again in July when 3 yr fixed term expires and reverts to 3% above BBER. There is no way we can get another mortgage with our bad credit rating - thanks to GE!

We had applied for the Gov mortgage to Rent scheme. but no buyers. There was a chance GE would take a lot less for the property as full & final - guess they figured something better than nothing - but that fell through. I am sure if I could get a mortgage for even £70000 they would sell me the house for that just to end all dealings. As is bad gredit rating & unemployed doesn't make me a viable customer eh? That all said I'll keep fighting, can't give up now, got to know I tried everything!

[luluspice]

Thanks for that, however don't think it can help as it is not a second mortgage, it's a remortgage.

Guess we are stuffed! DWP will only pay £22.00 a week towards the mortgage - that is only covering the original mortgage we cleared when we remortgaged. the current mortgage is £83000. - around £800 per month as it is a sub prime! mortgage is only in hubby's name. and even if we were getting more DWP help it will go up again in July when 3 yr fixed term expires and reverts to 3% above BBER. There is no way we can get another mortgage with our bad credit rating - thanks to GE!

We had applied for the Gov mortgage to Rent scheme. but no buyers. There was a chance GE would take a lot less for the property as full & final - guess they figured something better than nothing - but that fell through. I am sure if I could get a mortgage for even £70000 they would sell me the house for that just to end all dealings. As is bad gredit rating & unemployed doesn't make me a viable customer eh? That all said I'll keep fighting, can't give up now, got to know I tried everything!

[maybelline]

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/CCA2006/unfair/

 

hope this link is okay?

[maybelline]

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/CCA2006/unfair/

 

hope this link is okay?

[luluspice]

Thanks again, very interesting! I will consider the unfair relationship tactic - after all they knew we were in a poor credit rating level - otherwise we would not be dealing with them. so in knowing that they gave us a fixed rate mortgage which they knew we had no hope of moving to a better rate once the fixed term was up. I remember the advisor telling us it was fixed for 3 years, but he led us to believe it would go DOWN to bank of england base rate, which hopefully was lower - he did not say Bank of England rate PLUS 3.5%!!! Higher than now!! I will talk to govan Law, but they may not be able to take this part of the fight on. If anything I may buy time to get back out to work , sort out my credit rating & start afresh, Many thanks again

[luluspice]

Thanks again, very interesting! I will consider the unfair relationship tactic - after all they knew we were in a poor credit rating level - otherwise we would not be dealing with them. so in knowing that they gave us a fixed rate mortgage which they knew we had no hope of moving to a better rate once the fixed term was up. I remember the advisor telling us it was fixed for 3 years, but he led us to believe it would go DOWN to bank of england base rate, which hopefully was lower - he did not say Bank of England rate PLUS 3.5%!!! Higher than now!! I will talk to govan Law, but they may not be able to take this part of the fight on. If anything I may buy time to get back out to work , sort out my credit rating & start afresh, Many thanks again

[braeworth]

Hi Ell-enn,

Sorry to bother you ovet the holidays but could you help me draft an updated statement for Tuesdays hearing. I think I may be in danger of making it too long.

Not sure what to put in it, some of the below was already mentioned in the original statement, not sure if we should include it again

 

1) Have made payments as per our proposal to GE including Monthly payment + 150 on Thursday which means the arrears are 23xx which is less than 3 months

2) Charges now substantially higher, some of which we believe to be unlawful, also GE have been taking some of our payments towards the charges so arrears should be even less.

3) we have copies of the letter where GE are asking for full payment of arrears plus all charges to stop eviction

4) Substantial equity in the property ca.100,000

5) 15 year old daughter starting final exams in a few weeks time and the negative impact the eviction could have on her results and future.

 

Many thanks again for all your help Ell-enn

[braeworth]

Hi Ell-enn,

Sorry to bother you ovet the holidays but could you help me draft an updated statement for Tuesdays hearing. I think I may be in danger of making it too long.

Not sure what to put in it, some of the below was already mentioned in the original statement, not sure if we should include it again

 

1) Have made payments as per our proposal to GE including Monthly payment + 150 on Thursday which means the arrears are 23xx which is less than 3 months

2) Charges now substantially higher, some of which we believe to be unlawful, also GE have been taking some of our payments towards the charges so arrears should be even less.

3) we have copies of the letter where GE are asking for full payment of arrears plus all charges to stop eviction

4) Substantial equity in the property ca.100,000

5) 15 year old daughter starting final exams in a few weeks time and the negative impact the eviction could have on her results and future.

 

Many thanks again for all your help Ell-enn

[Ell-enn]

Hi there, you only really need to list the payments you have made recently and attach proof - as you say, all other information is in the N244 statement which the judge will have read before the hearing. I will draft a statement and affix on here later today.

[Ell-enn]

Hi there, you only really need to list the payments you have made recently and attach proof - as you say, all other information is in the N244 statement which the judge will have read before the hearing. I will draft a statement and affix on here later today.

[braeworth]

Ok thanks Ell-enn.

The original statement mentioned the 1600 pounds we paid so just the payment+150 made last week and the letter from GE asking for all arrears and all charges, I guess