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Pepper UK/engage mortgage/Mars Capital - excessive unlawful fees reclaim+Eviction


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Morning All,

 

Got to the court at 3pm, however with efffect from 2nd January 2013 the courts closes at 2pm so will take on Monday.

 

I have completed all the documents required including the statement but was still wondering whether I should mention the 1020 pounds paid off arrears that does not reflect in the balance.

 

ANY ADVICE WOULD BE APPRECIATE.

 

THANKS

S13

 

 

Of course you should mention that you have paid monies that are not showing as having been deducted from the account !

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  • 2 weeks later...
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Hi All,

 

I have my hearing for the Suspension of the Warrant, I am in the process of getting my supporting information together to help me while we are in court. These are the reasons that I have named to support my application:-

 

1. I explained why the arrears arose due to a temporary loss of income and and an unexpected bill. However now back in employment and can afford 100 pounds per month plus CMI. We use to pay 85 pounds so added 15 pounds to that figure.

 

2. I also mentioned I needed clarity regarding arrears figure as was 4595.20 - 2011, however after paying (85x12 payments =1020.00. arrears are 4991.21. We are now up to date with payments under the SPO so that figure just doesn't add up.

 

3. Also mentioned tried to pay 1200.00 in December and payment was returned to account. I then made payments over the counter but havent received a statement since December 2012 so unsure if payments have been credited, but have receipts. I also drafted statement of payments made.,

 

I would appreciate Citizen B / Lea_HTH to look in on this and advise. Info required as a matter of urgency, is this adequate?

 

 

Thanks

S13

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I will send an S.O.S to Leah on your behalf.

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It looks okay.

 

However, what was the unexpected bill?

Unless it was something of drastic importance - e.g. boiler repair, then don't expect the judge to be particularly sympathetic towards it.

 

However, the plus side is that you've brought your order up to date, so the judge should suspend the warrant on the basis that something specific occurred, but you are now able to continue payments, and in fact increase them slightly.

 

With regards to the arrears figure, you absolutely need to draw this to the judge's attention.

Once an agreement is in place, particularly a court ordered agreement, the mortgagee is no longer able to add additional charges to the account (unless of course payments were missed etc).

 

Your arrears figure should reflect the payments made against it

- but expect them to state that during the time you missed payments they had additional costs.

BUT these costs should not be included as 'arrears'.

 

It is unlikely that the rep the mortgagee will send to the hearing will have any details about charges etc,

however, you can ask the judge to direct that they supply you with a complete breakdown of the arrears by a given date (ask for it to be supplied to you in 14 days).

 

You must also mention that you tried to pay and the payment was returned (bring proof to the court).

 

I think you stand a very good chance of having the warrant stayed as you have brought your agreement up to date.

Things happen unexpectedly and judges are more than aware of that.

 

Unless people are wantonly not paying their mortgage, judges aren't too quick to give possession to the mortgagee.

So long as you will clear the arrears in the lifetime of the mortgage term, you should be all right.

 

Good luck!

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  • 2 years later...

Hi All,

 

Received a Warrant of Eviction from Engage Credit/Pepper UK Ltd on the 15th July to be enforced on the 30th July @ 10.30AM.4

 

We currently have a suspended order on the account granted on 12th February 2013.

The account went into default Jan/Feb 2015 as OH is currently studying/training for his Transport Manager CPC and Taxi Badge.

 

The CPC was rather challenging and OH passed Multiple Choice but struggled with Case Study hence next attempt September.

Taxi Badge issued 23rd June 2015 - 5 days after enforcement of Warrant.

 

The cost of the training created some financial hardship hence only paid half of mortgage payment.

 

I liaised with company via letter each month however they sent a LBW.

I spoke to an advisor who advised if I got the order up to date by the 18th June no further action would be taken

- I adhered to this.

 

However on the the 19th June we received a letter from their sols to take enforcement action.

Two days later a letter from Field Agent for visit which we promptly declined.

 

I sent a letter on the 26th June asking for clarity as to why the Warrant was enforced

 

their letter stated it was because the Order was still in arrears - no it was not.

 

I received a reply to my letter on 2nd July stating on the 1st July the account was brought up to date

- all that we did was make the payment for July that was due on that date.

 

The letter went on to say providing the order was kept up to date they would reconsider their position.

 

I assumed that meant withdrawing the warrant.

 

A bailiff dropped a 'Notice of Eviction on the 15th.

 

I spoke to them today with a very heavy hard as I have no confidence in them.

I was verbally prodded n poked as to why how the arrears occurred

and at the end of all of that I was told it would have to be referred to a manager

due to past conduct of the account with a turnaround of 48 hrs.

 

I need help with an N244 Form ASAP, please.

 

Kind Regards

Survivor

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Hi, in case you need to enter an N244 you should first complete a budget sheet (this will have to go with the N244) you can download the budget sheet from this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession on the second post of that thread. You can also download the N244 form.

 

Have a read of the guide - it will give you and idea of how to complete the form and write a statement to go with it.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi, in case you need to enter an N244 you should first complete a budget sheet (this will have to go with the N244) you can download the budget sheet from this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession on the second post of that thread. You can also download the N244 form.

 

Have a read of the guide - it will give you and idea of how to complete the form and write a statement to go with it.

 

Based on the info provided would it be possible to get help with the statement please. Also why has the Mortgage Company named me as a defendant when I have no affiliation with the mortgage - it is solely in OH's name.

Thanks

S13

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Based on the info provided would it be possible to get help with the statement please. Also why has the Mortgage Company named me as a defendant when I have no affiliation with the mortgage - it is solely in OH's name.

Thanks

S13

Hi All,

 

Just thought I would advise Engage Credit Limited has withdrawn the warrant for possession.

Thank you so much for all your help.

 

 

Regarding my query above can anyone shed any light as to why the mortgage company would do this and can they...

Finally, I would like to make a contribution, can this only be done via PayPal or could I create a DDR/ Standing Order each month for a period of 12 moths.

 

Thanks once again.

S13

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If you're married, then you have what are called home rights, which means that the mortgagee has to inform you of any action they take. In some instances, home rights that existed before the mortgage was taken out, means that your home rights supersede the mortgage charge...which means your share in any beneficial interest has to be accounted for first. They can't simply ignore you because you aren't named on the mortgage.

 

If you're not married, then they are probably just covering all bases by including you because they know you live there.

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  • 7 months later...

Hi All,

 

We paid our final payment to our Secured Loan company,

however we are now in receipt of a new figure of £7681.00 still outstanding for charges incurred on the account

ie. Arrears fees, letter charge and solicitors fees.

 

How do we now proceed??

Will we receive a new schedule with a change of interest rate and term to pay off these charges.

 

Also can I reclaim these charges from the company. If so how should I proceed.

 

Any advice would be greatly appreciated.

 

Thanks

S13

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You should be able to reclaim any arrears charges - I will try and find someone who can help.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have they given you a breakdown of all the charges they are attempting to claim ?

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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£7681.00 for charges incurred on the account is one hell of a figure...can you possibly expand....Company name term of loan amount borrowed...what problems you have had during the repayment period ext.....

 

Regards

 

Andy

We could do with some help from you.

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Apparently you wont be able to reclaim the litigation (legal) fees. But you should be able to claim the arrears charges.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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and those visit fees!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Is this engage/pepper again?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Penalty and arrears fees

Get reclaiming as advised numerous times over your numerous threads

On this lot

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hi All, (Citizen B and dx100uk)

 

Sincere apologies for delayed reply.

 

This is regarding both companies

however I will deal with Hurstanger first.

 

I received a breakdown of figures from the company.

The figures stand at

Opening balance - £11,814.00,

Cost/Charges - £6954.88,

Accrued Interest on Cost - £108.08

Total £18,876.96

- less £11,802.56 Payments

= £7092.02 remaining.

 

The remaining figure is charges and cost incurred.

The amount borrowed was £5370.

The amount received - £4250.

 

They now require us to complete an I&R Form and to enclose documentation ie. payslips, bank statement, mortgage statement before they will consider an arrangement as the term of the loan has ended.

 

My question is do we have to provide the info/documents and how do we proceed to RECLAIM.

 

Any help or advice would be greatly appreciated.

 

Thanks

S13

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Tough tell em to bigger off

Not entitled to any of that info

 

Have you all the statements from day 1?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

Thanks for your prompt response. I have all statements from Day 1.

 

This is how it reads.....

 

TT Transfer - £65.00

Arrears Fees - £30 x 30 Fees = £900.00

Arrears Fees - £35.00 x 57 Fees = £1995

Letter - £25 x 8 = £200

Instruct Sols - £125.00

Arrange Hearing - £100.00

Arrange Warrant - £125.00 x 4 = £500.00

RP & Co Solicitors - £2159.88

Locks & Bolts - £520.00

Charging Order - £50.00

RD Cheque - £35.00

Mortgage Exit Fee - £175.00

Accrued Interest - £108.08

 

These are all the charges listed. How do I proceed with claim.

 

The last letter received stated if they don't receive information or documents requested they will instruct their solicitor.

 

Thanks

S13

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Hi

 

Thanks for your prompt response. I have all statements from Day 1.

 

This is how it reads.....

 

TT Transfer - £65.00

Arrears Fees - £30 x 30 Fees = £900.00

Arrears Fees - £35.00 x 57 Fees = £1995

Letter - £25 x 8 = £200

Instruct Sols - £125.00 - no

Arrange Hearing - £100.00 - no

Arrange Warrant - £125.00 x 4 = £500.00 - dont think they can charge a fee.

RP & Co Solicitors - £2159.88

Locks & Bolts - £520.00 - for what..did they actually get repo and do this at any time?

Charging Order - £50.00

RD Cheque - £35.00

Mortgage Exit Fee - £175.00

Accrued Interest - £108.08

 

These are all the charges listed. How do I proceed with claim.

 

The last letter received stated if they don't receive information or documents requested they will instruct their solicitor.

 

Thanks

S13

 

to waive their arms around again...

 

you will need the date of each charge

 

then, find an avg figure for the interest you've been charged each year

 

and on this sheet.

 

[This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.]

 

CISheet v101.xls

 

 

enter the avg APR in cell D15

 

then enter EVERY CHARGE INDIVIDUALLY on the date they charged it

each one on itsr own row

the sheet will do the rest

all you have to enter is the date/description/amount

 

should be £1000's in a reclaimable total

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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