Prestige Finance - 2nd charge secured loan - going for home repo - help!

[denysemarst1]

So this is the letter I have sent in response, I will now await what they say next! but to be honest I am now sick and tired of their bull***t and any patience I have had with them is swiftly running out, because I just don't have the time for this.

[dx100uk]

name showing on letter

unapproved

 

 

I would not be telling them you are going away. too

 

 

dx

[denysemarst1]

Sorry couldnt get it off once posted, but its been on before, and I'm not going away, I'm just not available because of work commitments.

[denysemarst1]

Latest Update!!

 

Having failed to reach an agreement since last hearing (no surprises there)

we returned to court today for the directions hearing,

 

 

Prestige supplied yet again a young paralegal who petitioned the judge to change the hearing from a directions to full possession hearing

- he did not get it,

 

 

in fact the Judge made it clear to him that he felt there were no grounds for possession based on dharges only,

and he also indicated to them that he would not be granting possession based on their petition,

 

 

he has now given Prestige 28 days to supply to the court full and comprehensive evidence outlining the nature of each charge

and how they have decided the sum of money owed,

 

 

this is what I asked them to do months ago and they ignored me,

they are to detail each charge and justify them,

 

 

so for example he will not accept 'litigation charges' he wants them individually listed together with evidence that they have paid this amount,

they also have to justify the returned direct debit charges etc.,

 

 

this is getting interesting, because based on the fact that they now know they are on a hiding to nothing

(as far as gaining possession of the house)

 

 

I wonder what direction they will now take, he made it clear that there was good grounds in case law to deny possession

on the grounds they were requesting,

he then urged them again to resolve this within the next 28 days!!!

[dx100uk]

great great news

 

 

its about time these creditors were brought to bear.

 

 

these 'litigation' charge by many of them

in my mind, leave a lot to be investigated.

 

 

SOOOOOO many people roll over

or are advised by members more knowledgeable than me that they 'are' legit'

 

 

this places doubt on them all.

 

 

go nail 'em

 

 

dx

[denysemarst1]

Thanks dx

I would not be at this point if it wasn't for you and your help and I would like you to know this,

you were patient with me when I struggled with the sheets and encouraged me to carry on and I am very grateful to you.

 

I feel I am on a bit of a crusade now and I hope this will set a precedence for others with similar cases,

you are right however initially no one knew seemed to know if it was legal to re possess a house based on charges and interest.

I hope that my case proves to be a 'revelation' to those who believe it to be legitimate.

 

I don't know where Prestige have been over the last few years, they seem to have completely been absent when financial institutions

(and I assume they are one of those) have been challenged about their unfair charges,

and have also obviously missed the reports of financial institutions having to put aside millions of pounds to repay the mis sold PPI's and unfair charges.

 

I can't believe that they tried to get the Judge to change the hearing from a directions to a full possession application,

thank goodness this man appears to know what they are up to. T

 

 

here are now however other issues to consider,

I have held off putting in counterclaims because I wanted to clear this current issue up first,

I did not want to start another court application whilst this one was outstanding

and I think I will still have to wait and see what the outcome of this case is first.

 

I have however shown the internal notes to my barrister friend and he believes there is a clear case for harassment!!

The notes clearly show that they phoned me up to 6 times a day and sent letters on a daily basis,

I had to change my phone numbers because of this but I contacted them

and told them that any contact they wanted to make with me should be through email so I never instigated a situation where they could not contact me,

yet on numerous occasions they have written in capital letters NEED TO GET A CONTACT NUMBER

 

 

also there is an entry where it is said that I had moved house,

I haven't and I would have thought it would have been most concerning to them if I did as they have a charge on it

(presumably if I had sold the house they would have known)

 

 

also there is an entry which made me laugh it concerned my call to them regarding my illness

and a subsequent visit from a debt collector (aka debt advisor!!)

 

 

it said that I had made a medical disclosure, but I was cured now!!!!

really even my consultant neurosurgeon could not guarantee this,

and it appears they employ very highly qualified medical staff in their call centre!!

 

 

clearly if I believed this I would not be attending my annual checkup for the next 10 years (just joking)

but this is the sort of stuff they have stupidly supplied to me

- I am considering my position of this also.

 

 

As I said yesterday it's going to be interesting how they move from her

- it was also funny because in the interim period they made me another offer,

and it was to wipe off the letter charges and also the lump sum PPI payment (which of course they deny they are responsible for)

and it brought the charges down to just over £6000,

but it was on condition that I made no counterclaims and that their litigation charges were added on,

 

 

I checked this and if their litigation charges were added to their new offer it came to over £9800 which is more than their original claim,

even the Judge seemed amused at that.

[dx100uk]

I'm certainly ok with reclaiming arrears ppi debt visit letters etc etc

 

 

its the litigation charges that really interested me here

 

 

keep us informed

 

 

dx

[denysemarst1]

Today I received the official order from the court.

 

Along with all the buff regarding the case number and names etc., It said

 

'Upon hearing the Defendant in person and hearing the Solicitor for the Claimant

 

IT IS ORDERED THAT

 

1. The Claimants do by 2 pm on 17th July 2015 file and serve a witness statement setting out the amount outstanding and explaining how the calculation of that sum has been arrived at.

2. The claim be listed for further consideration on Friday 21st August 2015 at 12.30 pm at the County Court at xxxxxxxxxxxxxxxxxxx with an estimated time of 30 minutes.

 

So it doesn't look like we have to attend on 17th, who do you think will provide the witness statement and will I be given a copy of it at the same time? If they continue to be so determnined someone will probably have to be untruthful in order to keep this thing going, and if I can get hold of the statement and show it to my legal advisor we might be able to find this out - we usually do.

Edited June 20, 2015 by denysemarst1
spelling error

[dx100uk]

WS must be copied to you well in advance

 

 

dx

[denysemarst1]

Hi Everybody, does anyone know the answer to this?

 

I have been preparing a response to last weeks court hearing (in the form of a witness statement)

 

 

I have been going through their internal notes which to say the least are not surprisingly vague and chaotic!

 

 

but there are two entries where it actually says they contacted my bank, who refused to talk to them,

 

 

what the hell were they up to?

 

 

I did not give any consent for them to do this,

what I would like to know is if they can actually do this, and under what authority do they rely on to do this,

 

 

I can only assume they wanted to access my personal financial situation without my knowledge

because they have never asked me or informed me that they did it.

[denysemarst1]

Hi Everyone,

 

Latest update!

 

 

I received yesterday the witness statement prepared by Prestige which the court requested on 18th June,

guess what it's 57 pages of just the same verbal rubbish,

they are not making any different explanations whatsoever and have used all the same information that we already had!!

 

 

I understood that the Judge wanted them to explain in 'detail' each charge,

but still they go on and on about charges and different types of interest etc, etc,

 

 

I do not understand this because why would a court ask them to provide information which we already had,

I don't think for a minute I misunderstood this Judge,

we wanted them to explain how they came to the figures for instance,

it isn't good enough to just say litigation charges and put a figure on it,

I needed to know what each charge actually entailed,

after all when I instruct a solicitor to do a job,

the invoice clearly details each and every action and the charge for it,

why are these people not understanding this,

or are they deliberately evading the issues.

 

 

God knows what the Judge will make of this as there is no new information submitted!

If their intention is to just carry on regardless and wear me down,

then to a point it is working because it is so tedious and time consuming,

but I know what was said because at least I was there, they just send representatives,

 

 

by the way they have recorded that the litigation fees for this latest episode are currently over £3,000,

however this is not my fault and it has so far cost me nothing personally

(although there has been a loss of earnings not to mention the incredible stress they have piled on me for months!!)

 

 

I have passed on the witness statement to my legal advisor for his opinion,

and I have written to them stating that I believe they have misunderstood the direction of the Judge,

 

 

my reason for this is again, why on earth would he ask for information that we already have,

and also at the end of the statement they request that they are granted possession of the property,

 

 

despite the Judge saying there was nothing in case law that would allow this,

and that he was not prepared to continue the case as a possession hearing!!

 

 

Surely they are going to get into trouble with the court for this latest stunt???

[denysemarst1]

I have just discovered something quite interesting about Prestige, they applied for a possession in 2013 in Northern Ireland, and whilst this is not exactly the same circumstances as my own, it was for possession of a property secured on a second mortgage, the presiding Judge made the following comments about them;

 

• ‘Prestige, itself appears on the evidence to have been guilty of a very significant deceit,’

• ‘broadly speaking, and subject to my later comments about the gravity and wider potential impact of Prestige’s misconduct’

• ‘Prestige’s fraudulent representation

 

The outcome was recorded as:

 

‘I am driven to the conclusion that the appropriate course is to set aside the possession order and declare that an unfair credit relationship exists.’

 

How interesting !!!!

[denysemarst1]

LAST POST ON THIS SORRY SAGA!!

 

Just to let everyone know that this matter has come to an end (at long last) to my satisfaction!! Can't say anymore because they made me sign something like a gagging clause, needless to say I am very happy with the outcome. Once again thank you to everyone who gave me help and support

[dx100uk]

were litigation charges involved ........

 

 

well done

[denysemarst1]

dx,

 

I would really like to tell you especially what the outcome was,

 

 

I have however signed a Tomlin Order which prevents me from disclosing anything about the settlement,

 

 

I would however reiterate that I am very very happy with the outcome!!

 

 

It was not in the end decided by the court,

at the last hearing the judge asked for very explicit details of the claim

he made it clear he wanted invoices, receipts and bank statements to prove the costs!

 

I have to be very aware of who is watching this post,

as in the past I had a very rude and arrogant response from someone on the legal forum who clearly knew I was posting on CAG,

 

 

I had asked a different question on there and his response was horrible

he accused me of not being grateful and that I had been given more support than I needed!!

 

 

So everyone on here should be aware that their posts can be viewed by others who are not so helpful as you are,

 

 

yes I am referring to somebody who calls themself Blueview on the law forum.co.uk

as you seem to follow my posts on here with unusual interest!!!

 

So I really dare not disclose the details because if I did I risk them taking me back to court for breach of the Tomlin Order, hope you understand.

 

Thank you for all your support and help in the past.

[dx100uk]

never known a tomlin to be confidential....

 

 

i'll go ask.

 

 

dx

[citizenB]

Yes, dx they are confidential

 

 

A Tomlin order is a consent order staying the proceedings on agreed terms (which are set out either in a schedule to the order or a separate agreement referred to in the order) and granting the parties permission to apply to the court for the purpose of enforcing those terms. Tomlin orders are intended to allow the settlement terms to remain confidential, while enabling the terms to be enforced without having to commence a new action for breach of the agreement.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?185382-Tomlin-Order&highlight=Tomlin+Order

[denysemarst1]

It definitely says that if any details of the settlement are disclosed to a third party by either the defendent or claimant, then the settlement would be void and the matter would go back to court!!

 

I have also read the thread you sent, difference is I was required to sign it.