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

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My friend angel_1 introduced me to this forum and advised i might be able to get some help.

 

Went to court on 25 March 2009 and Judge granted possession to the claimant adding at the end if we come into a lump sum of money or a buyer to purchase the property that would be our saving grace.

 

The eviction date is on 24th April 2009 @ 12.30 and was hand delivered yesterday. Is there a min/max amount of notice that should be given prior to the eviction date by the baliffs as this turnaround seems pretty quick.

 

I am in the process of typing a letter to send to the mortgage company asking for arrears to be added to capital as Norgan Law also incorporating PAP as well. Property has been on market for a couple of weeks so will add this to letter including relevant court law.

 

What do you think? My friend has also mentioned Ell-enn for advice as she is pretty hot with cases as such. I would kindly appreciate some help please.

 

Looking forward to your response.

Thanks - survivor 13

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Ell-enn will probably need some more information

 

Was this your first time in court?

Are you able to pay the MP with a small amount towards the arrears

Do you have dependants living in the property?

Is there equity in the house.

What was the reason for the arrears and has your situation now changed?

Is your ultimate aim to keep the house or do you just want time to sell?


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I am in the process of typing a letter to send to the mortgage company asking for arrears to be added to capital as Norgan Law also incorporating PAP as well. Property has been on market for a couple of weeks so will add this to letter including relevant court law.

 

Thanks - survivor 13

 

The Norgan v Cheltenham & Gloucester case law is where a judge decided that the borrower could pay off the arrears over the remaining term of the mortgage, the judge decided that this was a reasonable time to pay off the arrears.

 

It wasnt about adding the arrears to the capital, a judge cannot decide that, its up to the lender.

 

It looks like the judge you have seen either didnt know much about repossession cases or maybe wasnt having a good day did you offer to pay extra each month to clear the arrears?

 

There is no time frame with the bailiff giving a date it just depends on how busy they are although its generally not less than 7 days.

Stay strong and you will get help on this forum.

Edited by vickson

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Ell-enn will probably need some more information

 

Was this your first time in court?

Are you able to pay the MP with a small amount towards the arrears

Do you have dependants living in the property?

Is there equity in the house.

What was the reason for the arrears and has your situation now changed?

Is your ultimate aim to keep the house or do you just want time to sell?

 

Hi Jansus,

 

Thanks for your speedy response, much appreciated

 

With regards to your questions -

 

1. No - we were in court in on 26.01.09 a warrant of eviction had been issued by the claimant - Mars Capital (Victoria Asset Management)

2. The judge ordered in jan 09 monthly payment plus 100.00 for the arrears which we have adhered to. However, we advised about the house going to go onto the market for selling, and also trying to get a remortgage in my name only as at the moment its solely in my partners name.

3.Yes we have 2 children aged 11 and 4 yrs.

4. Yes about 50,000 but we have put on the market with 20,000 less to try and sell.

5. Partner lost his job im only part time, playing catch up however, the situation has improved since and we are in position to pay Mp and arrears

but last year payments were erratic.

6. Idealy would like to keep the house - selling was rather than being repossessed.

 

hope to hear from you soon

 

cheers survivor

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The Norgan v Cheltenham & Gloucester case law is where a judge decided that the borrower could pay off the arrears over the remaining term of the mortgage, the judge decided that this was a reasonable time to pay off the arrears.

 

It wasnt about adding the arrears to the capital, a judge cannot decide that, its up to the lender.

 

It looks like the judge you have seen either didnt know much about repossession cases or maybe wasnt having a good day did you offer to pay extra each month to clear the arrears?

 

There is no time frame with the bailiff giving a date it just depends on how busy they are although its generally not less than 7 days.

Stay strong and you will get help on this forum.

 

 

Hello Vickson thanks for your speedy reply too much appreciated

 

pls see my reply on post 4 for further info

 

we had incorporated the Norgan case with our defense in jan 09 however, judge completly ignored it and was more interested how and how soon we could pay the full amount or the arrears

 

The judge gave us 2 months to sort out a remortgage however our attempts failed as you well know the financial climate we face at the moment

So thats why we opted to sell when we went back to court after the 2 months the judge was not best pleased

 

He basically quoted what i first said in my first post on this thread.

I left the court in disbelief.

 

We are now in the process of faxing across proposals to the lender

we want to confirm that we will continue to pay MP and the arrears 100.00 each month and also suggest adding the arrears to the life of the mortgage and then to also quote the Pre Action Protocol as they have never offered to help us in any way shape of form.

 

we await on your good advice

 

laters survivor

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Hi

We were in a similar baot to you recently and gained a lot of lep from Ell-en. I cannot see why if you are paying the MP and some off the arrears, a judge would not suspend the possession.. are there charges being added that almost wipe out this extra payment. As my understanding is of the Norgan case if it can be shown that you can pay off all the arrears withgn a reasonable time ( and that has been shown to be the remaining term) then the order should be suspended. Ell-en will send you a budget sheet for you to complete and when you do it should show you have a resiue of £100 left per month to pay the extra. If it shows any more then the mortgage company will ask for more so worl it out carefully. Ell-en is a saint and will surely help you when she logs on.

All the best and keep positive.

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Thanks martdj for your comments

 

im sure my friend will check in once the laptop is fired up lol

 

laters angel x

 

and continued good luck in your journeys


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Survivor13,

 

Have you tried bringing your local MP into this? I wonder if he/she could intervene with the mortgage provider? Gordon Brown made enough noises about repossession being the last resort and lenders doing everything to keep people in their homes. I know it's a long shot, but maybe if your MP could lean on them a little?

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thanks underdog for your kind thoughts im sure my friend will appreciate it when she logs in tomorrow

 

nite nite for now off to work in the morning

 

will catch up with you tomorrow for my own battles got a few letters need to do

 

laters angel x:)


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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You're welcome, Angel. Just wish I had the legal knowledge to be able to offer more pracical support.

 

Commiserations with your letters - got a stack to reply to myself. Like flippin' buses, aren't they? All seem to come along at once.;)

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Hi

We were in a similar baot to you recently and gained a lot of lep from Ell-en. I cannot see why if you are paying the MP and some off the arrears, a judge would not suspend the possession.. are there charges being added that almost wipe out this extra payment. As my understanding is of the Norgan case if it can be shown that you can pay off all the arrears withgn a reasonable time ( and that has been shown to be the remaining term) then the order should be suspended. Ell-en will send you a budget sheet for you to complete and when you do it should show you have a resiue of £100 left per month to pay the extra. If it shows any more then the mortgage company will ask for more so worl it out carefully. Ell-en is a saint and will surely help you when she logs on.

All the best and keep positive.

 

 

Hi martdj,

 

Thanks for your kind response. I was quite surprised and clearly disappointed with the judge's verdict however we have now recovered from the shock and are prepared to fight with all our might for our house. I am using the bank holiday weekend to thoroughly go through the figures as I keep spotting discrepancies with their figures. We went to court in January £7912.21 in arrears and when we returned in March we were £9572.72 despite paying Jan, Feb and Mar payment + arrears of £100.00. I am now requesting a breakdown of their charges to get a clearer picture of what we owe.

 

I do sincerely wish you all the best with your fight for your home and remember its not over until the fat lady sings (smile). Keep the faith, best of luck.

 

Laters survivor 13

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Hi Survivor13,

 

Have you tried bringing your local MP into this? I wonder if he/she could intervene with the mortgage provider? Gordon Brown made enough noises about repossession being the last resort and lenders doing everything to keep people in their homes. I know it's a long shot, but maybe if your MP could lean on them a little?

 

 

Thanks for your kind thoughts underdog. I haven't thought about MP intervention however its a brilliant idea and one that I will give serious consideration time permitted. My friend angel has got contact with an MP i'l see if we can arrange an appointment.

 

Once again thanks

Kind regards survivor 13

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Thanks for your kind thoughts underdog. I haven't thought about MP intervention however its a brilliant idea and one that I will give serious consideration time permitted. My friend angel has got contact with an MP i'l see if we can arrange an appointment.

 

Once again thanks

Kind regards survivor 13

 

You're welcome, S13. Hope you get a good result; keeping everything crossed for you:)

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Survivor

 

Very few judges will grant possession to the lender where there is a dispute in the level of arrears, usually they will adjourn the hearing to a later date so both sides can prove what you think is the amount of arrears. (usually the solicitors agent sent to these hearings have minimal paperwork- and wont have this to hand immediately)

 

Get your paperwork in order if this is the case. if the arrears are lower than they were last time you were in court, the judgement may go in your favour, as you will have been seen to be making an effort.

 

Make sure you point out to the judge you dont agree with their arrears figure.

 

 

In any case, dont lose hope.

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Survivor

 

Very few judges will grant possession to the lender where there is a dispute in the level of arrears, usually they will adjourn the hearing to a later date so both sides can prove what you think is the amount of arrears. (usually the solicitors agent sent to these hearings have minimal paperwork- and wont have this to hand immediately)

 

Get your paperwork in order if this is the case. if the arrears are lower than they were last time you were in court, the judgement may go in your favour, as you will have been seen to be making an effort.

 

Make sure you point out to the judge you dont agree with their arrears figure.

 

 

In any case, dont lose hope.

 

 

Thanks vickson,

 

Struggling to get some decent kip tonite as my mind keeps wandering about preparation of defence, seeing the same judge and so on and so forth. I have now got paperwork together with arrears and fees since mortgate commenced in Jan 2006, tomorrow I will go through figures hopefully spotting enough discrepancies to be able to present a case.

 

Shold I put this in defence or is less more. I'm hoping to prepare and take defence to court by the end of the week so help would be greatly appreciated.

 

Spk laters

Survivor

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I think you can ask for a more experienced judge to look at your case, it is possible the court will assist in this as they don't want their reposession figures to look bad... believe it or not the courts are judged on how many people they grant reposession orders to and how quickly the repossession actually goes ahead.

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I think you can ask for a more experienced judge to look at your case, it is possible the court will assist in this as they don't want their reposession figures to look bad... believe it or not the courts are judged on how many people they grant reposession orders to and how quickly the repossession actually goes ahead.

 

 

Thanks for your suggestion sg1, not sure how to go about doing that and the eviction date is looming with almost a week to go. Send letter to mortgage company still waiting for response I guess they will take their time in responding. Angel 1 and I are putting defence together 2mora but need some help in doing this. Any help would be appreciated.

 

Take care

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I Urgently Need Help In Getting Defence Prepared For Taking To Court Before Close Of Business Tomorrow Would Really Appreciate Any Help. Would It Be Possible For Ell-en To Get In Touch And Give Us A Hand With N244 Form And Budget Sheet, Could Really Do With The Help. Eviction Is Next Friday 24th April 2009 At 12.30.

 

Thanks A Lot:)

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Have you tried clicking the red triangle for assistance, S13?

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Have you tried clicking the red triangle for assistance, S13?

 

 

thanks underdog, ive clicked on the scales for survivor she is visiting my home today at 12 ish so we can come online and see if anyone can help or in the meantime leave us some comments or help

 

cheers angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Angel 1

 

Did you get a breakdown of those charges yet?

 

Here is a link to the budget sheet you will need:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=7830&d=1239526277


Some useful links.

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Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

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hiya ukaviator

 

many thanks for the budget sheet ive saved it now so she can complete this

 

i believe she has been looking at the charges on her statements so once here at midday she can update you all

 

again thanks for your speedy reply

 

cheers angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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thanks underdog, ive clicked on the scales for survivor she is visiting my home today at 12 ish so we can come online and see if anyone can help or in the meantime leave us some comments or help

 

cheers angel x

 

 

Best of luck with it - I'm sorry I don't have the legal knowledge to help you.

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hiya underdog thanks for your support ;)

 

she is now coming to my home this eve,,,, but hey its all about learning new stuff, me too,

 

keep positive got my own battles im still trying to fight too though, its so stressful all this but losing ones home is the far most stressful i imagine

 

i only know too well last year myself, somehow i and my hubby got ourselves out of the court process by the skin of our teeth, dont want to go there ever again

 

laters angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi, I know it's late in the day but, you could try to dispute the arrears if there are a lot of charges.

 

You could take the line that you are sending the lender an SAR for all the statements as you intend to claim these back. This allows the lender up to 40 days to respond in which case, you need an ajournment until such time you have all the information to hand.

 

I understand you can claim back up to 12 years on mortgage arrears charges. Anyone, please correct me if I'm wrong on this point?

 

The idea is to give you more time for negotiation. If you feel this is a route you might consider then I can let you have a draft claim letter setting out the grounds on which you base your claim for charges.


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