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leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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I am attending Court on Tuesday asking for an eviction order

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I am attending Court on Tuesday asking for an eviction order to be suspended, the date being Thursday 27th June. The company GE Money, refused to take my card payment in April, of which it was late because my mother had a stroke. When I phoned them to make payment by card, they refused to take it on 3 occasions. In the end I paid by automated machine. The scenario is that all CMI payments and arrear payments for all 3 months are up to date and I can prove affordability. I know their solicitors will oppose my suggestion that I will pay on time because of my past record. Do you think that the judge will want the house sold by the company, whether we can request to sell privately as we were doing but GE Money said that unless we had exchanged contracts they would be evicting us, or is there a possibility I will be able to stay in my home if the judge can see that it is affordable?

Finally, I am requesting that my interest rate is explained as my agreement is showing 10.15% and they have charged 11.71% since the start of the agreement. This has been put on the form for the judge to see so do you think we could suspend the eviction on grounds that we have been overcharged and that we should be given time to be given a breakdown of how both the contractual and arrears interest is worked out.
Hello - my name is XXXXX XXXXX it will be my pleasure to assist you today.

How much is in arrears and what is the term of the mortgage?
Customer: replied 4 years ago.

I went to court on 19th March when the judge worked out via norgan V Cheltenham and Gloucester that I should pay £250.00 per month. The arrears are now £11256.06 and have 62 months to run.

Can you pay the norgan plus current monthly?

How did you get into arrears after possession?
Customer: replied 4 years ago.

As I have said above I can pay my loan and arrears. The judge knows that my parents were being looked after by me until dad died, so my income decreased but now circumstances have changed. GE Money know this but use bullying tactics and are thinking they want me out.

How many months have you paid the norgan plus CMI on time?
Customer: replied 4 years ago.

I had a suspended order in May 2012 and paid 9 months and a further 3months since March.

Thanks. While the arrears figure is quite high the monthly payment of CMI plus £250 is quite low. The judge will only look at suspending if he thinks you can pay the figure.

What you need to do is explain that they refused the payment. The instruction will be to seek possession, it always is. But if you can demonstrate a payment history and affordability then the judge will suspend it.

If you are looking to sell in any event, that will help. But in reality unless you have exchanged contracts case law shows the judge will not place weight on this. So your main argument is payment history and ability to make future payments.

As to the merest rate, you have left it too late really to raise it. These matters should have been raised at the possession order stage. But there is nothing stopping you telling the judge and invite him to ask the mortgage company why it is wrong.

Indeed there is nothing stopping you submitting a formal complaint to the financial ombudsman if the rate is wrong. That may be decided in your favour but would not invalidate the mortgage.

So don't be clouded by side issues, concentrate on the task at hand. Affordability and payment history.

I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.
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