survivor_13
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The remaining amount has been paid and I have been advised the balliffs visit has been cancelled. I have not received it in writing so will not be leaving home until after their time of arrival. It is what it is I am great and grateful and able to fight another day. Once again, heartfelt thanks to all CAG members. Regards S13
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The account has been paid in full £6553.64. HOWEVER just called to advise them of this and have been told they will stop the EVICTION if we pay a further £383.48, today's court cost. WOW!!!!!!!!!!
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"The duty solicitor" who represented us advised at the end of the hearing, only option is to pay in FULL!!!!
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He advised the loan had expired in March 2016 so the money was owing to the company. He also stated we made no payment towards the charges since the loan was paid off in full, hence no goodwill. There agent sols had the contract that was signed on inception to say we would pay all charges and fees. This is a lesson for everyone who strongly believe you cant lose your house based on this. S13
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The application to suspend the warrant for fees and charges for Hurstanger they have gained possession of the property.
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Hi all, the judge dismissed the application. The eviction goes ahead tomorrow unless paid in full.
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Thanks Ell-enn, Much appreciated, fingers crossed. S13
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Hi Ell-enn and Forum Members, Been busy preparing for the hearing. Handed court papers in on Friday, hearing date is on Monday AM. I hope I have prepared well as I have never presented a case of this nature. Regarding the hearing last Wednesday the warrant was suspended and we were advised to pay an amount each month off the arrears plus CMP. Will now have to consider pursuing charges and fees as their final response was no and fast tracked to the Financial Ombudsman. I have as yet to take up that option. I will continue to peruse my figures and information for tomorrow. I will update tomorrow of outcome. Once again, thanks. S13
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Thanks so much Ell-enn, I will edit and print. Speak later
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Leaving to go to the courts at 12.30. Still awaiting statement to edit and print.
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Yes - I've just extending computer time in the library
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They stated the charges were lawful and reduced them by £560 pounds.
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Page would not display at library. There are two adults in the property and a sole mortgage.
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STATEMENT In order to avoid eviction on (Date) I assure the court I am committed to reaching a resolution with the claimant to clear the unfair charges applied to my account that is now the balance of £6564.98. Despite late payments and arrears I have paid the full amount due under the Agreement in the amount of £11,814.00. (Please see Appendix attached) I am also unsure what the claimant is claiming as I have received an Eviction Order from the courts but not an attached Particulars of Claim. On numerous occasions I have tried to negotiate a payment plan with the claimant, most recent I wrote to the claimant with an offer to pay in the amount of £100.00 on the 19th August 2016 to avoid legal action however the offer was refused unless I sent documentation regarding my household income and bank statement and payslips of the adults living at the property. (Please see Appendix attached) I was advised by the Citizens Advice Bureau to consider claiming for charges and fees applied during the life of the loan that was excessive or unfair and proceeded with the claim on 10th October 2016. (Pls see Appendix attached). I also requested a full breakdown of each charge debited to my account this was never supplied. By breakdown I required ie. (Arrears Fee £30.00 how did the claimant arrive at that figure) The claimant responded to my claim on the 26th October 2016. (Please see Appendix attached)
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Hi Ell-enn, I have written statement to support my defence would you mind perusing for me please. I am submitting as soon as Court Office opens. I feel it needs more, I also want to include court cost will be payable by the company as the action could have been avoided. Cant seem to find the manage attachment button. Thanks S13
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