Engage Trying to evict me- Help+ lots of Fees to get back ! EVICTION STOPPED

[Pupter]

No Ell-enn, the first we knew of it was a hand delivered envelope through our front door saying this man had visited us but we were out. As it was connected to our mortgage, the following morning I called the mortgage company and was told "Oh yes our solicitors send him to go through your I&E and discuss options with you, we are obliged to send him and you are charged whether you see him or not, its an automatic charge!"

[Pupter]

No Ell-enn, the first we knew of it was a hand delivered envelope through our front door saying this man had visited us but we were out. As it was connected to our mortgage, the following morning I called the mortgage company and was told "Oh yes our solicitors send him to go through your I&E and discuss options with you, we are obliged to send him and you are charged whether you see him or not, its an automatic charge!"

[Ell-enn]

They'll tell you anything ! Get the hearing overwith tomorrow and we'll tackle that next.

[Ell-enn]

They'll tell you anything ! Get the hearing overwith tomorrow and we'll tackle that next.

[ukaviator]

Good luck with your hearing, your case looks good to me too.

[ukaviator]

Good luck with your hearing, your case looks good to me too.

[Pupter]

Update:

 

I arrived at court in plenty of time to find there were no advisers there to assist. Found the usher and signed in, at which point I was introduced to the representive from the other side, he looked about 20 but was a really nice man and said, "Having looked through your papers I can't see why the mortgage company haven't accepted your proposal but they are requesting that I oppose it on the basis that if the warrant was suspended you might default further down the line. This gave me a bit of a boost because it seemed a rather limited arguement. He ran through a couple of points with me, which I was easily able to clarify and then we chatted about general non case stuff as the judge was 20 mins late calling us.

 

On entry I found it was not to intimidating, just a room with the judge behind a desk, friendly smiles all around. The judge said he knew he was supposed to let me speak first as I am the bringer of the hearing but was it ok if the rep went first to just explain current conduct on the account. The poor man had been given several facts wrong, included the actual arrears amount. I let him speak though and waited my turn. Once I could speak I explained the actual figure, why the problems had arisen, my reasons for asking to stay put in the house and my plans to combat and clear the arrears.

 

The rep was still claiming the payments were the higher amount which included the insurance premiums but the judge said he was mistaken and it should be without that.

 

Then the judge said that he was going to suspend the warrant and not allow eviction because of two things:

 

1) He was very impressed with the pack I had presented to court and how I had conducted myself. He said if everyone presented their pack as well as mine a district judge's job would be so easy. He could see clearly all the facts and figures from my budget sheet (thank you CAG!) and my well presented statement (Thank You Ell-enn!) and my charges schedule (Thank you ukaviator!)

 

2) He could see that we were only in this position due to some unfortunate circumstances and that we were making every effort to right ourselves again, that our payment proposal was a reasonable, sensible offer and he felt we would be able to clear the arrears easily. He actually made the order for a lower amount than in our payment proposal but said if we wanted to pay the higher amount he suggested we did when we could.

 

As we left the room, he actually smiled and I think winked at me, what a lovely man he was. Once outside, the rep was also lovely and said he was happy for us that the outcome meant we could move on with our lives.

 

So first battle won and it is all down to you fantastic people for helping us. I went to collect my children and just hugged them all, I know it sounds a bit Hollywood but the relief of knowing we can stay in our home and the kids won't have to deal with all of this feels amazing.

 

So next battle is to get the mortgage company to refund us all the insurance premiums and I am going after them for all those charges.

 

To anyone going through this, the Caggers are right, I think a judge will try and keep you in your home if he possibly can

[Pupter]

Update:

 

I arrived at court in plenty of time to find there were no advisers there to assist. Found the usher and signed in, at which point I was introduced to the representive from the other side, he looked about 20 but was a really nice man and said, "Having looked through your papers I can't see why the mortgage company haven't accepted your proposal but they are requesting that I oppose it on the basis that if the warrant was suspended you might default further down the line. This gave me a bit of a boost because it seemed a rather limited arguement. He ran through a couple of points with me, which I was easily able to clarify and then we chatted about general non case stuff as the judge was 20 mins late calling us.

 

On entry I found it was not to intimidating, just a room with the judge behind a desk, friendly smiles all around. The judge said he knew he was supposed to let me speak first as I am the bringer of the hearing but was it ok if the rep went first to just explain current conduct on the account. The poor man had been given several facts wrong, included the actual arrears amount. I let him speak though and waited my turn. Once I could speak I explained the actual figure, why the problems had arisen, my reasons for asking to stay put in the house and my plans to combat and clear the arrears.

 

The rep was still claiming the payments were the higher amount which included the insurance premiums but the judge said he was mistaken and it should be without that.

 

Then the judge said that he was going to suspend the warrant and not allow eviction because of two things:

 

1) He was very impressed with the pack I had presented to court and how I had conducted myself. He said if everyone presented their pack as well as mine a district judge's job would be so easy. He could see clearly all the facts and figures from my budget sheet (thank you CAG!) and my well presented statement (Thank You Ell-enn!) and my charges schedule (Thank you ukaviator!)

 

2) He could see that we were only in this position due to some unfortunate circumstances and that we were making every effort to right ourselves again, that our payment proposal was a reasonable, sensible offer and he felt we would be able to clear the arrears easily. He actually made the order for a lower amount than in our payment proposal but said if we wanted to pay the higher amount he suggested we did when we could.

 

As we left the room, he actually smiled and I think winked at me, what a lovely man he was. Once outside, the rep was also lovely and said he was happy for us that the outcome meant we could move on with our lives.

 

So first battle won and it is all down to you fantastic people for helping us. I went to collect my children and just hugged them all, I know it sounds a bit Hollywood but the relief of knowing we can stay in our home and the kids won't have to deal with all of this feels amazing.

 

So next battle is to get the mortgage company to refund us all the insurance premiums and I am going after them for all those charges.

 

To anyone going through this, the Caggers are right, I think a judge will try and keep you in your home if he possibly can

[Ell-enn]

Excellent result - well done !

 

Thanks for posting your account of how the hearing went, I am sure it will be a great help and give some reassurance to others in the same position.

[Ell-enn]

Excellent result - well done !

 

Thanks for posting your account of how the hearing went, I am sure it will be a great help and give some reassurance to others in the same position.

[Pupter]

It's thanks to you for all your help and support. I feel like a different person today and know that reading how others managed helped me, so thought I would update and help others where I can.

[Pupter]

It's thanks to you for all your help and support. I feel like a different person today and know that reading how others managed helped me, so thought I would update and help others where I can.

[brokebutnotbeatn]

Excellent. It is such a shame that this site has to exist due to the greed and unpleasantness of the lenders. Thanks for posting the outcome it is so important for people to see.

[ukaviator]

Well done for following this through, an excellent result. . .

[Pupter]

Right

 

The mortgage company have seen my insurance paperwork at last and have confirmed I had cover the whole time they have sent me a letter today saying that they will refund me an amount but it is £243 less than all the premiums they have actually charged me. So I need to write to them I imagined and query this, but I have one question. Can I ask for the refund to include the difference plus the interest on the amounts ie the 8%?

 

Also there are charges going back the past year or so, they have also said in the letter they normally charge a £35 for every month you are in arrears BUT won't charge it if I stick to my payment plan (which I will barring something unforeseen of course!) so again a couple of questions. Do I dare go after the current company or is that risking their wrath and if I go for it, I guess its the SAR route again?

[ukaviator]

The insurance money paid to them should be returned in full plus 8% interest on top. The £35 pounds is excessive and added to the account automatically, it is a penaltyfor being in arrears. Excessive fees.One of the clearest examples, the FSA says, is where the charge is higher than the administrative cost to the lender. If it costs £10 to send a letter but the charge is £35, that's £25 too much.

 

The Ombudsman says you can reclaim fees from as far back as you like, as long as you make the complaint within three years of realising you could. As the FSA has only got tough over the past few months, most people will still be within that three-year time-frame. You can make a request to get a list of fees charged from your lender over the past under the Data Protection Act. This will cost up to £10. First complain to your lender setting out why the charges are unfair and ask for your money back. If you are turned away or do not get a satisfactory response within eight weeks, then complain to the free Ombudsman service. Get those charges back, remember they tried to evict you, take no prisoners with this lot from now on.

[Pupter]

Hi

I am with Engage credit for my mortgage and have received my annual statement today and am a bit baffled. I was in arrears originally about a year ago but have almost completely cleared them now.

So that's the good news. However there is a fees balance on there which is going up and I will have to contact them about it but want to have my facts straight first. I am being charged additional interest every month which I am guessing is for being in arrears? So in the amounts added to the balance of the loan column it shows the monthly interest charge and also the additional interest charged. In the amounts reducing the loan is my monthly payment, however this isn't for the payment plus additional interest, it's just the normal payment plus my arrears amount. So I am not being asked to pay the additional interest it's just being added to the loan every month. Is this right?

Also the payment expected and the amount I am being asked to pay is varying by about £3-4ish a month. What would that be for?

 

Thanks

[Pupter]

Hi. I am looking at my annual statement for my Engage Credit mortgage and can't make sense of it!

 

Every month I pay what I'm told to pay plus an amount off of my arrears (which I've nearly cleared)

but that is always different from the instalment expected according to the statement.

 

For instance in a month I was asked to pay £879.27, the instalment due amount says £892.18.

 

What concerns me is in the statements 'amounts added to the balance of the loan column

it shows interest charge for the month and then also an 'additional interest charged' of around £30.

 

I am not being asked to pay this amount each month but it is being added to my loan balance and shows as part of the fees balance each month.

 

Is this right?

 

Thanks

[dx100uk]

all PENALTY fees can be reclaimed.

 

dx

[Pupter]

So the months I was charged an arrears fee of £35 I can claim.

 

Also the insurance lapse fee?

 

As I always had my own insurance which I sent a copy of the info to prove I had?

[Pupter]

In addition to the fees I can try and reclaim,

can anyone explain why I am being asked to pay one amount (and do pay it) and yet the instalment due on their statement is actually higher every single month.

 

This has probably added around £330 to my arrears balance over the past few months.

 

Should their buildings insurance premiums be included in their arrears balance?

 

I know I got a partially refund of these,

I will have to ask for a further reduction as they didn't refund me two months worth

but shouldn't they only be going on the account balance NOT the arrears balance?

[dx100uk]

if they charged you building ins when you

ALREADY HAD IT.

 

they thats a total mis sale

 

can you scan up the statements please

 

can the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Pupter]

Just to clarify. I kept phoning to tell them I didn't need it as I was already covered. I then sent them several copies of my policy and this year after seven months of being charged it they stopped charging and refunded me 5 months worth. I am now sending a copy of the previous policy to claim back those two months which I hope they will do. However this is happening every year and in the past I know I haven't been fully refunded.

I was also charged a insurance lapse fee at one point!

 

There is a fees balance too which includes solicitors costs but also monthly arrears fees of £35pm at various times and £55 monthly litigation fee at times.

 

This balance is going up by around £25 per month due to interest? But on each months statement breakdown I am seeing

Interest charge (monthly payment)

Additional interest charged (the amount roughly being added to the fees)

Then instalment due underneath. This instalment due should surely be the same as the interest charged amount? But it isn't. It's always more. I have queried it now with two staff members who fudged and seemed as baffled as me, the first said "oh that because you are being charged interest on the additional borrowing" (ie the arrears and fees) but the second person couldn't give me any explanation at all!

 

Am I being charged twice then for the same interest?

 

Also they've asked me to put the query in writing and enclose a photocopy of the mortgage statement. I find it dubious they would need that when it came from them originally?

[dx100uk]

go back to day one when they charged you buildings ins

 

enter every payment you made in this sheet:

 

This fourth spreadsheet is useful in calculating a regulatory based compound interest award for PPI on a Revolving Credit Account. Not all statements are required for this sheet because it will work out the compound interest on the PPI payments you do know about. It will not work out the additional 8% interest, to do that you will need spreadsheet three above AND all of your statements.

 

FosCISheet v101.xls

 

 

and put in the extra int too associated with these or ANY fees

 

put the fees in too [arrears fees] & monthly lit fees

 

then from the total deduct and refunds they have given.

 

dx

[Pupter]

Hi

 

Usual Engage complaint. We got into mortgage arrears awhile ago for various reasons since resolved. They rushed us off to court, the Judge took a dim view of them trying to repossess us as we had young children and could prove we could now offer to pay the whole payment every month plus gradually clear the arrears.

 

We offered to pay £275 additionally per month but the Judge said he felt we were offering more than was comfortable so said he preferred £225 per month. We have been paying that faithfully for the past 14 months.

 

Last Friday I called to make my monthly payment and got a nosey jobsworth (I swear they keep you ages on the phone anyway so that they can rack up the call charges) who said the arrangement was up for review. Hmmm thats odd I thought, there had been no mention of this at any point and why do it at 14 months and not 12 or 18?

 

She said I would have to complete a new income and expenditure form, which I am not inclined to do. She said it was to see if I could start paying more each month to clear them sooner. As we are already keeping up on the plan, I can't see that I need to entertain them. She said it was because we seem to have income free every month. With young children? Yeah right I wish!

 

So I said I found it odd because the Judge had looked at our case at the time and he had decided the amount per month and I was sticking to that. She seemed to back down a little bit then.

 

However could I have some advice please? Can they force me to supply a new I&E form? I'm not afraid to as nothing has changed I would just prefer not to as I don't trust them. Neither do I really fancy going back to court.

 

The situation is that the arrears will be cleared before the end of the year anyway so why are they making a fuss with probably 5 months left to go? Is this part of a bigger picture? We are on interest only with them at the moment, should I be worried they are up to something there too?

 

In addition to the interest they charge me every month on the mortgage they are also charging me about £26 per month additional interest on the arrears and fees balance, is that right?

 

Thanks