Please help - Repossession !

Startinover

I had posted this origionally on the 'Loans' forum but someone very kindly suggested I post on here for advice-this was my original post:

Well my partner and I have been getting back on our feet after him being unemployed for two years and are paying off arrears etc with creditors and all is well except for GE Money, he has a secured loan with them and is in arrears of £634, we offered to pay an additional £50 pm on top of the £127 monthly payment which they accepted and we began to pay on June and have sent a payment each month without fail. However because my OH does not have a bank account and his salary is paid into my account at the moment GE Money are being awkward saying they wont accept third party payments and declined the direct debit form we sent - although they have been cashing the cheques I sent for payments. Today they have sent a letter saying they have instructed their solicitors to start proceedings for reposession !!! What is going on??We asked them to let us know their bank account details so we could make payments direct but they never sent them so have been sending them cheques as they wont offer an alternative method of payment. The Mortgage by the way is in OH's name and with Halifax and they have agreed payments off arrears and set up a DD from my account no problem! Any body have any advice please??:(

Startinover

I then added this:

Thanks everyone for your replies and advice. I am sorry to say things have gone from bad to worse - the day after receiving the letter from GE Money saying they were advising their solicitors to start repossession proceedings with the court(dated 8th Sept) we got a thick brown envelope from the court saying they were suing us for repossession of the house and there will be a hearing on 21 October!! This is dated 9th Sept. My OH is working away from home and has tried to call GE Money to see what is going on but is put on hold and cant get through - they seem to have taken a really heavy handed approach and we just cant get over what they are doing.

All cheques we sent have been cashed and yes I always wrote the account number and the name and address on the back of the cheque. I am at my wits end and not sleeping through worrying about it - we owe Halifax £1800 arrears and they have been fantastic about everything. Surely the court wont issue a repossession order if we have been paying and trying to clear the arrears as agreed - could it be because I have been paying it and not my OH?

He has tried to open a bank account but couldnt as when we were struggling and he was out of work First Direct closed his bank account after bouncing DDebits and putting charges on the account then setting debt collectors on him- we told them they were adding to our hardship as I had paid money into the account to cover the mortgage and loan then they took out £160 in charges and bounced the mortgage payment..long story but they gave up but too late as his credit rating was by now blown to pieces and he has not been able to open a bank account.

We just dont know what to do next or what happens now we have got the court papers (with an extra £100 court fee!) can anyone please tell us what to do next??

We actually now only owe £481 in arrears which we can possibly pay in a lump sum in a few weeks as they have cashed another cheque sent at the beginning of Sept. If we clear the arrears before the hearing do we still have to attend? Is the court fee of £100 classed as part of the arrears?? Just dont know what we have to do!!

longforthesun

Sorry I am not really able to offer any solid advise but surley a secured loan comapany can not push for repossesion are they not 2nd in line to the house after the Halifax? Do you have access to Legal advise through your home insurance? If so you may be able to get help from there.

If I were you I would keep sending the chqs that way IF it does get to court then the Judge would see you have been paying down the arrears and are close to clearing them.

NorthernLas

I have no personal experience of this but found information on the Shelter website.

http://england.shelter.org.uk/get_advice/repossession/mortgage_arrears/arrears_on_secured_loans_and_second_mortgages

They must follow a procedure before taking court action, which gives you time to discuss all options. But there may be forms within the pack that you have to reply to within a certain time. I would suggest you contact Shelter for specific advice (homeowner helpline 0300 3300 515) or National Debtline 0808 808 4000.

http://england.shelter.org.uk/get_advice/repossession/going_to_court/getting_ready_for_court

I wouldn't phone GE Money - I would send a letter to them and their solicitors telling them that you have been paying by cheque against an agreed payment plan (send recorded) and ask them to withdraw the reposession hearing.

Your OH should be able to open a co-op cashminder bank account by telephone without a credit check

Jesthar

Hi Startinover,

Your husband should be able to open what is called a 'basic' bank account - he's probably been having problems because the banks don't like to advertise them, no profit to them, you see.

You need to pick a bank that isn't affiliated with anyone you owe money to, but the Co-op Cashminder NorthernLas mentioned is popular on here. There's a PDF guide to this type of account here:

http://www.moneymadeclear.org.uk/pdfs/bank_accounts.pdf

This isn't my specialist subject, but if you've been making every effort to pay what was agreed but have been hampered by the company being difficult, they may not have the best of chances in a court case...

~Jes

claudia123

Hi there....dont know whether or not this will help or not but here goes......had to try and offer advice to a fellow South Yorkshire lass..
If you other half goes into either Nationwide or Coop bank and asks for a basic bank account, they cant refuse him....if he has bad credit then he probably wont get a switch card or anything but you will definately get a basic bank account

If he doesnt want to be embarassed about it...just tell the bank you just need a basic bank account for your wages to go into...


Hope this helps

Startinover

Thank you all for your replies and advice, they did send a default notice before we agreed a payment plan with them months ago when my OH got a job, should they have sent another before they took the action and sent this to court? We have had another 2 letters from them today:

One from Simply Law (their solicitors) addressed to The Occupier or Tennant at our address saying that it was a notice that legal proceedings had been commenced against Mr *********** for posession of the property.

Another letter from GE Money saying they have added an admin charge of £216 to the account for legal action.

I could understand this if we had NOT been paying them each month but we have!! We agreed to pay £177.17 each month starting in July and they have had and cashed 3 cheques for 3 payments, July,August,September !!!!!!

Startinover

Just had a thought...could we sue them for harrassment!??:mad:

NorthernLas

I wouldn't have thought it was worth the effort. There has been a mistake and they are being heavy handed.

You need to write to them and tell them you have been paying. Get them to investigate the matter urgently and confirm the court action will be suspended. Further more you want the charges removed from your account as they have started proceedings in error as you were keeping to the repayment plan agreed.

Jesthar

Hmm, sounds like you could do with having a chat with the local Citizens Advice Bureaux (CAB).

Do you hvae it in writing the payment plan you agreed to, and material proof that you have been keeping to it? If so, I can't imagine any court looking on them too favourably providing you defended yourselves in a coherent fashion... Especially after you point out that you've been paying off your other debts just fine now you're back on your feet and these are the only ones to be making life intentionally difficult for you.

Incidentally, did you ask about/try setting up a Standing Order from your bank account? As opposed to them refusing to set up a Direct Debit?

~Jes

kazwookie

The cheques you have been paying in, do you have some sort of reciept for them? if so I would photocopy them, (you hang on to the originals at all costs) and send them the copies with a letter.