Sorted regarding adjournment tomorrow, However I still need a bit of guidance regarding Statement to attach to N244 for the other company.

Thanks

What have you written in your statement so far

Hi Ell-enn,

Thanks for getting back to me.

They are claiming for arrears however the loan has been paid up its just the charges outstanding. I initially made an offer to pay however they refused unless I sent bank statements, wage slips etc. I have written I am not refusing to pay however the charges are unfair.

really!! might not be an idea to get a charges spreadsheet going then.?

when is it adjourned till please?

Hi Ell-enn,

 

Thanks for getting back to me.

 

They are claiming for arrears however the loan has been paid up its just the charges outstanding. I initially made an offer to pay however they refused unless I sent bank statements, wage slips etc. I have written I am not refusing to pay however the charges are unfair.

So what have you written in your statement so far ?

There are currently two cases The adjourned hearing for tomorrow with Engage Credit and the other for the N244 for Hurstanger takes place next week. I am almost sorted for both. Thanks for all your help and support throughout this difficult time.

Regards

S13

Warrant suspended.

well done

now do we need to revisit all the penalty charges and insurances?

dx

Absolutely. I now need to sort defence for secured loan for next week hopefully once sorted make a start on the above.

Thanks

S13

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

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)

OK - I'll take a look at it later this morning

Hi, so I don't have to look back over all the pages of this thread, can you please answer the following:

What was their response to your claim for charges in Oct 2016

Is the mortgage only in your name?

How many people live in the property ?

Could you give us an update on the case you had in court yesterday - you just said the warrant was suspended...... How did you get your paperwork sorted before the hearing ?

Hello....... I thought you wanted the paperwork done this morning ??

Page would not display at library. There are two adults in the property and a sole mortgage.

They stated the charges were lawful and reduced them by £560 pounds.

OK, I've drafted a new statement for you - are you able to edit and print off ?

Yes - I've just extending computer time in the library

Leaving to go to the courts at 12.30. Still awaiting statement to edit and print.

Hi, affixed is the statement. You need to put the data at the top where there are XXX's (remove the XXX's) the info will be on the eviction warrant. When you print it our make sure the printer is set for A4 (not Letter size) and that it all stays on one page.

Remember to staple the pack firmly together before handing in - also, that you need 3 copies of the whole pack - one to hand in at court today , one for yourself on the day of the hearing and one for the other side's rep at the hearing (if needed).

Survivor N244 statement Jan 17.doc

Well done, Ell-enn.

Survivor, please let us know how it goes.

HB

Thanks so much Ell-enn, I will edit and print.

Speak later

Hi, did you get a hearing date when you handed your papers into the court ?

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