Totally Ignored by lender..athen taken to court

[splendid]

I feel I have a very serious situation with GE at present and trying to find a suitable body to complain.

I have been totally ignored have sent numerous letters and documents proving i have my house up for sale, applied and been accepted for the mortgage rescue scheme.

All documents and letters were sent recorded

They took me to court 13th August for possesion of my home Judge didnt want to listen to anything I said
I felt extremely nervous and left a document for him to read which listed all failuars to comply by GE.

Before going into court the GE legal rep handed me a form of which detailed that they had followed the pre-action protocol it also stated that i was not involved with a mortgage rescue of which I was. The legal rep actually said MRS doesnt apply to a second mortgage.

The Judge ordered I had 42 days to get out of my home - I am still in my home as I guess they are now realising they did not follow the pre-action protocol.- As soon as I returned home from the court I read the pre-action protocol and they should have never taken me to court.

I have tried to correspond with this company but all mail is ignored.
I receive phone calls from them asking me to make an arrangment for payment but they have refused my offer of £50 per month which I have been paying via standing order as a goodwill gesture. I have explained that they have not anwered to any of my correspondence -THEY SAY THEY HAVE NEVER HAD ANY FROM ME. I cannot believe they are treating me like this and feel they are doing it on purpose to distress me as that is how they are making me feel. I have now explained that I will only deal with them in writing but they still carry on calling but I do not answer my home phone any longer because of this company.

I have now sent them a SAR but I guess they wont sent me all the info I require even though I have itemised all that I expect (curtesy to the template on this site)

I have decided I am not going to let them destroy my life any longer and am going to take action by the way of unfair treatment, breach of contract and irresposible lending - The above complaints are by far not exhausted with this company, there are far too many to list.

I originally took out the secured loan in 2008 for a business venture from the US of which I was totally ripped off for £22,000. Completely my fault for being so stupid.

I was just wondering if by sending the SAR it would stop any further action with GE whilst I get a document together of the unfair treatment and distress I have experienced from this company?

Would anyone have advice on where to send this document when finished? I thought the FO and GE ?

Sorry for the long post - any thoughts would be much appreciated

Thank you for reading!

[EXC]

Re: Totally Ignored by lender..athen taken to court

Could someone help Splendid please?

Cheers.

[seduraed]

Re: Totally Ignored by lender..athen taken to court

Which part of Ge money are you dealing with ?
I have my mortgage with them . Try asking to speak to the litigation dept .

[splendid]

Re: Totally Ignored by lender..athen taken to court

It is the litigation department I am speaking to who are just not listening and i have now asked to deal in writing only.
They have taken me to court but refused to answer any letters, 9 in all, this was before the court hearing explaining I applied for mortgage rescue and my house was on the market along with proof. They chose to ignore the re-possesion pre-action protocol which states that if a customer is going through mortgage rescue or the property on the market then no cout action can be taken
Thank you

[EXC]

Re: Totally Ignored by lender..athen taken to court

Can anyone one else help Splendid here guys?

[TUTTSI]

Re: Totally Ignored by lender..athen taken to court

I am not a mavern on this but does sound like you need to get back to court for the judge to withdraw the possession order or to reconsider with the evidence that GE misled the court. I am not entirely sure of the procedures but I am sure one of our lovely Beagles will be able to guide you further.

Just an aside question - did you have charges and or PPI with this loan as you could send them a SAR (Subject Access Request) they have 40+2 days to answer, this may not stop any repossession but you may have some monies to come back and the SAR will give you all the information about your mortgage/loan account and what information they have on you, if you need any help with this please shout?

[splendid]

Re: Totally Ignored by lender..athen taken to court

Thank yyou sorry I missed this post as basically the problem is getting worse and couldn't cope at the time. Still can't. I don't have ppi and sent them a DSAR and when sending me the requested data the letters in question were missing and assured me that is all they had. Later it was found that these letters were scanned on to the system on the 26th sept 2012 all letters were sent earlier this year before court date of 13th August 2012. It is all with ombudsman but to be honest they seem to be on side of the banks

[cul8rm8e]

Re: Totally Ignored by lender..athen taken to court

Sorry to hear your position.

I used the FO to be told i have a case and they will be investigating only to be told weeks later that they cant investigate. Sorry again but, dont hold your breath and think the FO can help put things right.

They always go the way of the lenders/banks

[splendid]

Re: Totally Ignored by lender..athen taken to court

Thanks cul just found out I've £50,000 worth of legal expenses cover but I think I have to use the nominated solicitors who are Irwin Mitchell

[Crazy council]

Re: Totally Ignored by lender..athen taken to court

Right, i can not get enough info from what you post to understand, but, i have had to fight fopr my house for a number of years and understand some of the process, i was fighting trustees with costs, who wen to repossess my property, without knowing evdfrything, i think you need the following orders..

f someone can jump in here with the correct process ( forms )

To do the below, you must show the judge that you can service the mortgagee and some towards the loan ( at least the interest ). for the period you asking for the stay

1. stay of execution ( immediately for the eviction ) for 56 days ( 2 months ). if you can get it. useing the fatcs that they have not given you the information or you need time to sort an important factor. Show the judge that you have had the property up for sale and that it will cost to evict you, whereas , no costs if you sell it.

2. Appeal the eviction notice, under the grounds that you have mentioned above,

SORT OUT THE STAY OF EXECUTION ASAP======= Monday Tuesday.

Email or fax the company telling them you applying for a stay of exicution.

I dont know your full circumstances, but, be carfull not to ignor the proceeding so far, i think, the Co can apply to the high court nowe to evict you immediately, with 2 hours notice. ......am not sure on this and you need some proper advice.........but yopu need to apply for the stay immediately, then get you eviction appeal in.

ACT NOW WITH THE STAY...... Dont trust the company to deal with it properly, your just a number or accounting mark to them.

[IanM]

Re: Totally Ignored by lender..athen taken to court

""""they have refused my offer of £50 per month which I have been paying via standing order as a goodwill gesture"""""


Do you have records of the extra payments of £50 per month?

How much are the arrears being claimed?, does this amount include any fees and charges?

If you were not selling the house would you be able to pay off the arrears in full at £50 per month for the rest of the term of the mortgage?

Did you tell the judge you were paying £50 per month on top of your normal payments until the house was sold?

You need to make an application to suspend the eviction and ask the court for time to sell it.

Tell the judge you can pay the usual mortgage payment plus £50 per month towards the arrears until the house is sold and that, if the house is not sold then the arrears will be paid off before the mortgage contract expires.

Take all the documents you have sent them informing them you were selling the house, including proof of delivery, and show the judge you have kept the lender informed at all times of the situation and believe they are only attempting possession in an attempt to force you to pay more than you can realistically afford to pay.

Stay calm and don't be bullied by these muppets!!!

[Crazy council]

Re: Totally Ignored by lender..athen taken to court

The Judge ordered I had 42 days to get out of my home - I am still in my home as I guess they are now realising they did not follow the pre-action protocol.- As soon as I returned home from the court I read the pre-action protocol and they should have never taken me to court.

Listen..... you said that on 20th Feb. your iether on or over the 42 days, if i have this correct, they already have the eviction. Thats 6 weeks ago. You need to act immediately to get the stay.-------get proper advice, dont think thery wqont just act.

[splendid]

Re: Totally Ignored by lender..athen taken to court

Sorry the possession order was 2012
twice tried to evict me but managed to stop it as they withdrew the warrant on the grounds that it was being investigated by FO ... replied to a post I missed recently, as I hadn't been on site for a while as all got too much and had mini breakdown I think.
The FO stated that that I would not be entitled to much compensation but then states " but let me read your complaint"
how the hell can he make such a statement before reading my complaint? Going along with white rabbit info at mo but to be honest I have two complaints both very complex and I would expect them to answer every point I have raised.

as for creditor not following pre-action protocol the FO seems to think that is for the courts as they cannot reverse court orders :confused2:

was not asking him to reverse court order but to look into why they totally ignored my letters and took me to court for repossession but he won't be looking at that he states:confused2:

ive read that 92% of complaints that the FO receive are not upheld.

I am at present applying for these legal expenses cover of which they state, consumer mis selling and contracts are covered but I have a feeling they won't take this on

I have 16 pages covering two separate loan complaints covering many issues if anyone would like to read them but understand that time is an issue for most people as is me.

If I did not feel I have been treated totally unfairly I would go bankrupt and pay off loans or one loan at least

I feel that I have beed denied my rights to justice by the lenders/banks and courts, in fact the courts would come under a bank that's all the courts are ..... Not justice.... Just want your money
sorry going off on one!

Thank you for all the replies and advice but my case is very complex and been going on for 3 years.

I do have it all documented like I said earlier x