GE money repo hearing 14th jan - help needed

[PesteredbyGEmoney]

Yes the objective was to keep my home I am pleased that has happened. No I am not satisfied that proper justice has been done because now I am subject to paying more than I should to GE & still believe that is unreasonable due to the nature of the dispute. I feel that GE have retained their argument that these arrears are arrears and don't comprise of admin fees etc thuis further justifying ther sidestepping ways to exploit the system.

Although I get to keep the house its possibly only a matter of time before they raise an issue and go all out to get the house .

If they had a legitimate right to do so because indeed the alleged ammount is soley arrears for none payment then I would understand and not have such an attitude that I am now being cheated.

They know the alleged arrears are admin charges & fees and even have admitted this in a telephone conversation but still managed somehow to walk into a court and the Judge rule in their favour.

The Judge was not the slightest interested in adressing my issue & I think it was because he though I was not entitled to add my submissions to a case that was cut and dry.

After all, if in doing so it would at least or should have given grounds to either defer judgement till after the correct and accruate account details had been declared. Or to have thrown it out based on the admission that the alleged arrears are Admin charges.Some of which I was offerd back £480 plus interest. The nerve those are admin fees I was told they were offering. Actually I did my own calculation of all the admin charges etc & my conclusion was that over £4000.00 was owed to me so they were suing me for fees that are mine.

I might add my notes to the judge included a transcript of a phone call in which Mike But** admitted this was indeed the case of them recovering admin charges and fees plus interest and they were taking action to recover Admin charges not arrears on my part, but their definition of arrears is what GE use to convince Judges they have a case.

After the ruling I could not get my head around how much of a misscarriage of justice the whole episode was.

I left the court in shock. Disbelif and very confused.

This was not a fair hearing. I should know I have successfully won a tribunal case for unfair dismissal and although the topic was different the procedure should be somewhat similar. should it not?

[sequenci]

The procedures have significant differences. Prior to submitting your claim for the charges, have you written to GE to request repayment with a comprehensive breakdown of what you believe you're owed?

[PesteredbyGEmoney]

I logged a complaint and in it I did ask for my fees and charges back but was refused. So I did a mcol for them.

I had no guidance and no replies off here so just went ahead and issued proceedings which they received on the 14th. Since then I have a standard response letter.

Twas my understanding that this would at least allert the Judge to an ongoing dispute and he would adjourn till it was resolved. YEH right! some use this thinking was.

[sequenci]

Have you not sent GE Money a letter before action?

[PesteredbyGEmoney]

Have included it in my complaint i think. Asked them to refund and told them I would if neccessary take action to reclaim.

[jacqui_o]

I think you need to do the complaint first, GE's company policy is to take 8 weeks to deal with complaints............You give them 14 days to respond, which is reasonable............then you issue the LBS and give another 14 days, again reasonable.............then issue the claim......

 

The key word is reasonable........I am almost certain what you will find GE are doing is, they are deducting from the amount you pay or the DWP pay or a combination of both, that they are deducting the fees and additional interest first.......therefore by this action putting your account into arrears and keeping it there, and what you think are fees and charges being called arrears are in actual fact arrears...

 

GE also know that where the DWP are making payments to an account it is always in arrears and are not supposed to charge a fee, they do.... again a complaint issue, you should raise it and go through their procedure and then go to the FOS....

 

Your hearing was most likely given 15 minutes and that is no where near enough time for you to explain your position...

 

Once you have gone through the complaints procedure and the FOS have instructed GE you can go back to court to have the order varied.........

 

I amnot saying stop the claim, but it is another front in which to approach.....

[PesteredbyGEmoney]

Further info.

Since being railroaded through the court case dated 14 Jan 14 I have received two letters stating that I am in arrears and a figure exceeding £600.00 & if I do not make arangements to clear the debt Court action may follow.

 

I have also received on the 12th of June a letter from A district Judge at Nuneaton the contents are as follows.

 

On the 27th of May 2014 Deputy District Judge Stacey,

at the County court of Nuneaton

 

Upon reading a letter from the claimant and upon hearing (ME) in person

 

It is ordered that the orderherin dated 26th February 2014 be amended to include a money Judgement for the outstanding balance of £*****, not arrears as previously stated.

 

END

 

As I am aware I have been taken tou court on the 14th Jan, an order was granted within ten minutes of my being in the room with the judge and no account of my documents was noted and discussed any more than District Judge Severn said," I have noted your documents and taken them into account, the order suspended providing you meet the arranged payments I set out".

 

I took this a s being railroaded.

I have been making payments of greater than ordered from last September. I have not missed any payment and continue to do as ordered with ease.

 

Yet GE have gone to court behind my back and had an order granted to claim the £40000,oo left on my mortgage.

 

How is this right?

Why can I not get justice?

Why in the first place when asked to ratify the allegged arrears did the reply form an account manager come back, " we are issuing court proceedings for the arrears on your account, those arrears are out fees and charges".. Which by the way were initially over a grand and at the time of the court hearing were around £800.00.

I have this on CD as a recording and a verbatum transcript of that recording.

 

My counter claim was overlooked on the 14th of January.

A re-application to Nuneaton court for an order to collect the entire debt on my mortgage.

A redirection of my counter claim to Nuneaton on the behest of GE money

A denial of a good claim I present and dismissal request by GE mony to Nuneaton Court.

And I suddenly start thinking that Nuneaton County court Judges are not exactly impartial if you get my meaning.

 

I have stated that I wish to transfer my court to Birmingham, yet GE have successfully managed to keep the hearing at Nuneaton.

 

Any Idea how I can move the hearing to an unbiased court? Anyone?

Edited June 20, 2014 by PesteredbyGEmoney
typo