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

[braeworth]

Thanks Ell-enn, I I didn't realise you could get a hearing so quick. I was thinking more of taking in the form next week and talking to someone, but if I could take it in on the 9th and still be ok that would be great, as it would mean that by the time of the hearing we could make a payment of monthly payment + £300 off the arrears plus another £1000 of the arrears on the 10th or 11th

[Ell-enn]

I think it would be worth waiting, especially as you are going to make payment and be able to provide proof to put with the N244. If you need any help with the statement for the N244 let me know and I'll be happy to help.

[braeworth]

Thanks Ell-enn, I will take your advice and wait. I will take up your offer of help with N244, I will get in touch nearer the time

Thanks again

[braeworth]

Made the monthly payment + £300 yesterday, unfortunately I had to speak to GE to make the payment. I reiterated our offer but the guy I spoke to said we had already had one eviction suspended and they would only accept full payment of the arrears and I should explore other avenues of raising the money. We have today received a letter asking for payment of the arrears plus all charges to stop the eviction. The arrears are now £2700 but the charges are £4000.

Can they ask for the charges as well?

We are very worried that as we have failed to stick to the terms of the previous suspension this will go against us

[dx100uk]

you really need to get a charges & PPI spreadies done and off to them I think

 

that will show them you are not going down without a fight.

 

if theres £4k in charges alone, withtheir interest they've charged on them too, that will be a lot of a reclaim

and wipe your arrears.

 

they've been carpeted twice I think for doing this to people in arrears.

 

the charges are unlawful and a PENALTY.

 

dx

[dx100uk]

you really also need to stop paying over the phone

 

do it by your internet banking portal.

 

dx

[braeworth]

Thanks DX is there a guide i can look at on how to claim back these charges

[dx100uk]

YourAddress

Date:

Lender’s Address

 

Dear Sirs,

 

ACCOUNT NUMBER: XXXXXXXXXX

 

I am writing to ask you to refund the charges whichyou charged to my account in respect of late payment fees to the sum of £ XXXX. I nowunderstand that such fees are unlawful at Common Law, Statute and recentconsumer Regulations.

 

In addition your charges appear to represent an unfair termof contract which is contrary to the UnfairTerms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My accountfalls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am aconsumer. Your charges constitute an unfair penalty under Schedule 2 of thesaid Regulations, which provide an indicative and non-exhaustive list of termswhich may be regarded as unfair. Under paragraph 1(e) of schedule 2 thisspecifically includes terms which have the object of requiring any consumer whofails his obligation to pay a disproportionately high sum in compensation. Iwould vigorously contend that this is the position regarding the fees which youdeemed fit to apply to my account.

 

I would like to bring your attention to the following statement by The Officeof Fair Trading:

 

"A term in a mortgage agreementwhich requires the borrower to pay more for breaching the contract terms thanactual costs and losses caused to the lender by the breach (or a genuinepre-estimate of that) is likely to be regarded as an unfair penalty and to beunenforceable both at common law and (in a consumer mortgage) under the UnfairTerms in Consumer Contracts Regulations.

I believe that the charges you have levied of £XXXXfar exceed any true cost to yourself as a result of our breaches and anygenuine pre-estimate you could conceivably reach. If you disagree, then willyou please demonstrate this by letting me have a full breakdown of the costs towhich you have been put to as a result of our breaches, in order to reassure usthat your charges really do reflect your costs?

Thus I am asking that you refund the charges and other fees which have been levied on myaccount. If you do not respond, or you do not respond positively, within thetime limits set out in your official complaints procedure I will enter a formalcomplaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a largecompany such as yours with dedicated staff and departments.

I hope that you will enter into a sincere dialogue with me about this matterand I am writing this letter to you on the assumption that you will prefer todo this than merely respond with standard letters and leaflets.

 

Yours faithfully,

Enc.

if you type in

mortgage charges reclaim

in the search of our grey toolbar up the top

on the right

there are lots of threads to read through.

dx

[braeworth]

Many thanks dx

[dx100uk]

please scream if you need help

[Ell-enn]

Hi there, I am also away until 6th September - of you need help with the N244 before submitting it on 9th please let me know when you are back.

[braeworth]

Hi Ell-enn,

I will complete the N244 next weekend, if you are around then to help that would be great. In the meantime I will do what DX suggested and send a letter asking for a refund of the charges, is there anything else I should be doing?

[Ell-enn]

Hi, in the meantime you could gather together copies of the letters you sent and also when you have made payment print off proof so it is all ready to affix to your N244. If you haven't already done a budget sheet you could complete that also so it's ready - I've affixed the one we normally use

[braeworth]

Ell-enn are you able to help with the statement for the N244. I need to get it in to the court on Monday, to try and get a hearing this week.

I have more or less completed the budget sheet, as yet we have not had replies to any of the three letters we sent to GE. One was disputing and requesting a refund of the £4000 charges on the account, one was requesting for the third time that they provide details of the company they made the payment of £5582 for ppi to, and that if they conitnue to state there is no ppi associated with the account that they make a full refund plus interest and the final letter was confirming that we had made our cmi + £300 and restating our offer to make a further payment of £1000, which will reduce our arrears to £1700, and our proposal to pay this off at cmi + £150

[Ell-enn]

Affixed is the statement for court – you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) - read it through carefully to make sure all the info is correct. When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page On the copy of the offer of payment letter you sent to the lender write the Claim Number on the top left hand corner then on the top right hand corner write Appendix 1. Do the same on the budget sheet which will be Appendix 2, the letter re PPI which will be Appendix 3 and the charges letter Appendix 4.

 

Now assemble as follows:

Statement – signedAppendix 1 – copy of letter

Appendix 2 – Budget Sheet

Appendix 3 – Letter re PPI

Appendix 4 – Letter re charges

 

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy for yourself to refer to in the hearing . When you hand it in you will need to pay a fee of £40 and it will have to be in cash (take the eviction warrant with you). Also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

 

These are the instructions for completing the N244 form:

 

1.Your names

2. Tick Defendant

3. Cancellation of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

[braeworth]

Thanks so much Ell-enn, do you think it would be worth me adding something about the large amount of equity in the house, value £280k, outstanding mortgage approx £135k

[Ell-enn]

Hi the last paragraph of the statement mentions there is considerable equity in the property.

[braeworth]

Sorry Ell-enn, missed that. Thanks again for your help

[Ell-enn]

No problem, let us know what date the hearing is. Also when you make the £1000 payment make sure you can get printed proof so you can take it to the hearing.

[braeworth]

Made the payment of £1000 and submitted N244. The hearing is this Friday morning, I have asked for the duty solicitor to be there

[Ell-enn]

Hi, are you able to print off proof of the £1,000 payment?

[braeworth]

Have the authorisation code and should be able to print proof of payment from my Internet banking by Friday

[Ell-enn]

That's great, take it with you to the hearing so you can prove you've paid what you said in your statement.

[braeworth]

Starting to worry a bit about the hearing on Friday.

With the arrears only being £1700, a large amount of equity and disputes about charges and PPI, hopefully we should be ok, but it is only just over 2 years since the last hearing and the AOE and hence new arrears is our own fault. If it goes against us we we don't have anywhere to live or much time to sort things out

[braeworth]

Received a letter back from GE today refusing our offer, they will only stop the eviction if we pay all of the arrears plus the £4000 charges, are they allowed to ask for the charges? Still no reply on our letters asking for a refund of the charges are the disputed ppi.

Still really worried about tomorrow's hearing despite the relatively small arrears and large amount of equity