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

[braeworth]

Yes we will have arrears of 1 months cmi. We are disputing charges on the account and trying to reclaim ppi, which was sold through a broker who has ceased trading. GE are being very difficult, in providing us with information about it, such as which insurance company they paid the £5582 to.

[caro]

Have you got documentation of your PPI and charges claims and what's happening with them at the moment, including spreadsheets showing the amount?.

[braeworth]

Hi Caro,

 

I have copies of the letters we have sent. I dont have a spreadsheet with the amounts

[braeworth]

Ell-enn,

 

I have emailed you a copy of the N244 statement, if you would be so kind as to have a quick look. Many thanks, I know you are busy

[caro]

Hi Caro,

 

I have copies of the letters we have sent. I dont have a spreadsheet with the amounts

 

Take the letters to court with you and any responses you have had. I hope you've mentioned these in your N244 statement.

[Ell-enn]

Hi there, your statement looks fine - remember to label your attachments with the correct Appendix nos. Also, you need to take a copy of it all before handing in to court so you have a set to refer to in the hearing. The £45 fee for the application will have to be in cash. When you hand in the form ask the court staff if there are any duty legal advisers at court on the day of your hearing.

[braeworth]

Thanks Ell-enn.

Thanks again for your help

[braeworth]

Ok. Letter sent to GE today by special delivery with the offer of clearing the arrears to leave just the cmi which becomes due on the 28th and proposals to clear that, plus an income/expenditure sheet.

 

I have had a few issues today and it doesnt look like I will get in to court with the N244 until first thing in the morning

[braeworth]

the hearing is set for Wednesday morning.

 

At the time of the hearing the arrears will be £907. That is £100 + 1 x cmi.

 

Although, we dispute the arrears are as high as that as part of our £29 each month of our cmi is for paying off the charges.

 

All of these £29 would have probably cleared the arrears or certainly reduced them.

 

We have sent a budget sheet to GE and an offer to pay cmi + £200, which will clear the arrears in less than 5 months.

so far, they have rejected this.

 

The house is worth £280k, and the outstanding mortgage is £135k.

 

We also have outstanding disputes about the chargese and the ppi on the account.

 

We just cant help worrying as this is the third eviction hearing and the last one was only in September.

 

We have reduced the arrears by half since then, plus it is a repayment mortgage,

so have also reduced the outstanding balance, although the payments have been erratic.

 

We are in a better position now and confident we can clear the arrears in the 5 months proposed.

[Ell-enn]

Take any proof of payment you have made along to the hearing (3 copies)

[braeworth]

Thanks Ell-enn, we will.

 

Just very worried

[caro]

I think GE will struggle to justify refusing your payment proposals unless it appears unrealistic.

[IamPhil]

Thanks Ell-enn, we will.

 

Just very worried

 

You have a lot of things going for you, be positive (easier said than done) and here's wishing you all the best

[braeworth]

It is not unrealistic but I guess they will argue that we havent stuck to the previous arrangements

[braeworth]

Thanks IamPhil

[caro]

It is not unrealistic but I guess they will argue that we havent stuck to the previous arrangements

 

But your arrears have gone down. Had they increased in that time I'd be worried, but they haven't.

[Ell-enn]

The biggest problem you have is that the last hearing was in September and you then missed a payment in November and again in January therefore the arrears actually increased since that hearing. Make sure you stress the reason for missing these payments was unavoidable. The fact that you have paid a lump sum before this hearing will of course be in your favour.

[braeworth]

Hi Ell-enn,

 

Thanks for your help. The reason for the missed payments in November and January, was a temporary separation between myself and my wife.

 

If the hearing starts to go against us, are there other options we can ask for, such as being given time to sell the house ourselves etc. There is enough equity in the house to buy a smaller house outright with no mortgage

[braeworth]

This may not matter but was thinking about the last hearing. GE didn't turn up, they just sent a fax saying they accepted our proposals, so there was no need for the hearing to go ahead and the court didn't make an order. Am I right?

Just so worried, it would be a shame to loose the house for just £907 arrears.

If the hearing starts to go against us, can we ask for more time to find the £907 or sell the house? Just trying to be aware of all the options before tomorrow

[Ell-enn]

did you receive any paperwork from the court after that hearing?

[braeworth]

Hi Ell-enn,

 

No, I just went in to see the judge with the Duty Solicitor. The judge could not understand why GE were not there, then he found the fax, saying they accepted our proposal and asked if that was acceptable to us.

 

i do remember thinking at the time that we had not received anything from the court afterwards

[IamPhil]

Hi Ell-enn,

 

No, I just went in to see the judge with the Duty Solicitor. The judge could not understand why GE were not there, then he found the fax, saying they accepted our proposal and asked if that was acceptable to us.

 

i do remember thinking at the time that we had not received anything from the court afterwards

 

You should be able to find out who the duty solicitor on the day you are in court is (they get listed a month in advance apparently - P Call List I think it is called). I would advise that you call them up and speak to them in advance as well

[braeworth]

So if we never received any paperwork from the court after the last hearing and GE had sent a fax before the the hearing accepting our proposals. Does this mean there that there wasn't an order after the last hearing in September?

[caro]

Sounds like there wasn't actually a hearing from what you say.

[braeworth]

Hopefully, this makes the situation a little better, as there was no order made in Septmber