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    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
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    • Okay, so what you have to do is you have to take the money you paid to the garage which I understand is £2000. You've gotta consider that the value of the labour they put in was completely wasted because you had to have the turbo taken out and then refitted – is this correct? However, the turbo itself was useful to you and so you should be required to pay for the cost of the turbo. If this is correct and you have independent evidence that the turbo had been incorrectly fitted then you should sue them for the balance. This means that you have to find out the cost of a turbo – was it an original or was it a pattern part? Anyway, you have to find out the cost of the turbo and deduct that from the £2000 and that should be the value of your claim unless you can tell us of any other losses which you have reasonably incurred as a result of their poor workmanship. Let us know
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Mortgage company taking arrears fee from Monthly payment.


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Hi, can someone tell me please is it OK for a mortgage company to take an arrears fee out of the regular monthly agreed payment?

 

My mortgage company are taking me to court for possession, yet I have been paying my mortgage payments religiously - only to be told by a snotty call centre person that I haven't as they have been deducting £50 per month out of my £100 Interest only monthly payment.

 

How can this be right? is it right? What can I do about it if it's wrong?

 

Thanks

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Technically no, they can't. But if you are in arrears and you're only paying the current instalment, then your arrears are going to keep increasing and they are going to keep charging you arrears fees.

 

If they take you to court they can only present the actual arrears of the mortgage to the judge - they can't claim the charges are arrears.

 

How much are your actual arrears?

How much are the charges?

Are you attempting to make a payment towards the arrears or just paying the CMI?

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They are claiming arrears of £1668.... there are no charges listed on the statement of account - How would I find out the amount of charges levelled against the account? Would I need to SAR them?

 

I was paying the CMI

 

We are in a position to pay off the arrears, and then look at how much they've levied in charges? would this be a way forward?

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If you are in a position to pay off the arrears then you should certainly do so as soon as possible - if they start possession proceedings you will have their legal costs added to your account.

 

Once the arrears are cleared you can ask for a statement of charges then start a complaint to have them refunded.

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Thanks - They have already started proceedings so that amount will be added I understand that - even though they haven't stated any amount as yet to be added.

 

The mortgage has been on interest only since Jan 11 as it's not a huge mortgage, but there's PPI that we have never seen paperwork for and buildings insurance again never seen paperwork for.

I've phoned and emailed the solicitors that dealt with this, over a week ago and they have so far not replied or returned my call. The mortgage company have no record of PPI (so say the call-centre) however the amount stated as the amount of advance and the amount we received is different, so there's something been paid for.

 

I'm about to write a letter and an email, offering to settle the arrears and then set up a standing order for CMI plus an amount we can afford. Should I send this to the mortgage company or eversheds (solicitors) that have sent repossion paperwork?

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  • 2 weeks later...

Hi there

 

If you have been paying the mortgage CMI religiously and they have been taking a £50 charge off your mortgage payment....then you are not in arrears! They cannot say you are in arrears if everything is their charges!

 

What is your monthly mortgage payment and what have you been paying? Have you been paying your mortgage by some other method than direct debit? If so, then they are charging you £50 per month for not paying by direct debit and this has been found to be unlawful. If they are seeking to repossess your house because you are not paying by direct debit.....they cannot do this?

 

If I may ask, who is the mortgage provider? If they take you to court for repossession under false circumstances YOU WILL NOT BE LIABLE TO PAY THEIR COSTS! It is their fault....not yours! Also, ask them to give you a statement of account and a list of all charges incurred. They are behaving unfairly!

 

Look forward to hearing from you! If what I believe is the case - from what you have said above - they cannot take your home for charges they are charging unlawfully!

 

Gemspan

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  • 2 weeks later...

Hi just catching up. Paid off the Arrears yesterday and court case stopped. (Waiting for letter of confirmation and because I honestly do not trust them, I will be contacting the court to make sure)

 

I'm going to be sending them an SAR as I need to work out exactly what they have been playing at. Company is Mortgages1 or plc or whatever they are calling themselves at the minute.

 

Until I get that and a full statement of account I don't know whats gone on.

 

On a side note (just been speaking to Kensington (secured loan) asked for a full statement of account (they are next on my hit list!) They said for that I would be charged £20!! Me thinks they will be getting SAR'd too!

 

Will update soon as I know more because right now I'm befuddled.com

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Quick question, received letter this morning from Eversheds they have asked the court for an adjournment with liberty to restore. However they have asked me to confirm to the court that this is OK? Now as there are no arrears and it's paid totally upto date, can i ask for this to be dismissed?

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Don't apologise.

 

The claimant has no basis for their claim - therefore requesting a strike out by the court of the claim is your best course of action.

 

You can do this by a) writing to the court, or b) filling in the defence form, - in either case you need to state that there are no arrears, that the claimant has no claim against the defendants and that you 'respectfully ask the court to strike out the claim against *defendants*'. (where 'defendants' would be whoever is named as such on the claim form).

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