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

[angel_1]

hiya all

 

we have gone through part of the sars,,, most interesting info,,,

 

they have failed to acknowledge any receipt of our CRP request which was within the time frame of us sending our sars and receiving it, so very suspicious why they dont make note of it, in their many pages of Full Case Diary notes, yet we have found our letter in the big bundle of info sent

 

Could this be an attempt to not make much fuss of our CPR request for info before the court hearing? Can we use this to our advantage?

unless if it arrives tomorrow, or monday,,,,

 

surely this will not give us time for us to prepare a proper defence?

 

your comments appreciated for now, just going through the paperwork more questions to follow im sure

 

***********************

also now we find a report from their solicitors from the last hearing where we disputed the arrears figures and said that it included charges etc, - their solicitor responce was " I submitted that any charges added to the account were pursuant to the mortgage contract conditions"

 

we are now concerned reading this, does this change anything for us,,, whilst we understand that charges and solicitors fees would occur however these would be added to the outstanding mortgage amount and rather NOT to the arrears in question, otherwise the true monthly arrears amount is exagerated when the fees and solicitors charges are added... ie we believe we only owe about 5000 of true monthly mortgage arrears and they claim over 8000 but that of course includes the fees and solicitors charges etc,

 

surely the 5000 is the real figure not the over 8000?

 

many thanks can you help and guide us next, we are awaiting on any responce this eve - we are reading through the mortgage conditions booklet,

 

ta angel and survivor

 

thanks

Edited May 15, 2009 by angel_1

[Crapstone]

Hi,

 

The arrears should only be what payments have been missed and NOT include any fees or charges.

 

 

The actual arrears amount (what you truly owe) can't be disputed at any time if they haven't been paid

BUT charges and fees can be.

As we have already seen,

people are now able to claim back charges that were once accepted as the norm and if the legal fees are unfair these too could be challenged but that's a case in itself for later as you have enough to deal with.

 

Concentrate on proving that you are able to keep to an agreement which will clear the arrears, which is the breach of the contract, not the sundries added.

 

Make sure you point out the fact that fees that have/or will be added only frustrate your position in being able to pay off the mortgage by its completion date.

 

If they haven't sent by now the arrears breakdown then you'll have little time to prepare unless you get it tomorrow am.

 

 

As your requested deadline has passed then I'd be putting the copy of your letter sent along with a letter for the judges attention that you are unable to make a full defence as the claimant has not complied with CPR pt 31.16.

 

Look through your SAR and see if you have anything that refers to their block building insurance or anything that refers to mortgagee.

 

 

Chances are you have been securitised but as it's so late in the day finding all the info you need for Monday is going to be difficult.

 

But it's still worth asking the question if the hearing is not adjourned as you have nothing to lose if it doesn't seem to be going your way.

 

 

Ask their solicitor if the mortgage has been securitised and what proof they have that the claimant is legally entitled to issue the proceedings and is still the mortgagee.

 

Even if Monday doesn't go so well it still won't be the end of it and even at the 11th hour it's still not too late to stop eviction. Everyone here is rooting for you and will do their best to help.

 

Best of luck

 

Crapstone

[angel_1]

thanks Crapstone

 

we are working to a file of info what we believe is missing from the sars, and that no acknowledgement letter or any phone call with regards directly to the CPR request as our specific letter requested,

 

 

but they have sent a statement of all payments and fees on the account since inception as was requested by the judge.

 

Therefore do you think they have actually responded and adhered to the CPR rules as we got the sars and their statement on the 15th may????

 

am going to click on for a mod as i feel we now need the final info for preparation in the next hour in case you are not available or ell-enn is not around at the moment too

 

cheers

[Ell-enn]

Hi there, did you phone the court to see if they had filed the information for the hearing?

 

Do you need help with your papers for Monday?

 

Ellx

[angel_1]

hiya ell

 

yes please we feel like we are drowning now,,,,,

 

no the court was not rung as the sars arrived pls see post

 

and that just threw me out of sync,,,

 

what info do we now need to prepare, pls help

[Ell-enn]

Hi there, don't panic. Remember that the hearing is for the lender to produce information - if they don't, or the information they provide shows that the arrears figure is incorrect then they are in the wrong, not you.

 

I have some friends here this evening so will not be able to devote any great amount of time to this. However, I will be able to help tomorrow if that's OK.

 

You need to gather together anything you have which shows how you calculate the arrears as being lower. The whole crux of this matter is that the lender hasn't provided you with a detailed statement.

 

You also need anything you can get your hands on that will show ability to pay installments + arrears each month going forward.

 

Most of the information you have already provided for the last hearing is still appropriate. If there is nothing in the SAR to show the true arrears then you are still at a disadvantage and the judge will recognise that.

[angel_1]

okay ell

 

as its only a 5 mins hearing thus are we understanding that they provide their figures and obviously we have to dispute it as we are really still baffled by their figures,

 

what then happens if the judge agrees with them?

 

going forward with the future payments

we have now received info from the dss when partner had low income to complete parts 1 to 6 and to then to send on to the lender. They are prepared to backdate from oct 08 to feb 09 when takeway was opened.

How can we use this?

 

Also the claim for working tax credits

im now on course in going receive payments as had not claimed before.

Can this be used to show we can sustain future payments?

 

We have tried to calculate the arrears of being lower simply by adding up the missed we now think of 4 months payments, plus an amount of around 800.00 from when the last arrears were cleared early last year.

 

we still dont get their figures to match - clearly we are missing something

 

i honestly thought, 4 x missed monthly payments, is one figure owed as true mortgage arrears,

then,,

,,add the whole fees, charges, solicitors , would take us to their figure and it Dont.

 

 

this is where we cannot get to agree,

 

cheers

Edited May 16, 2009 by angel_1

[Ell-enn]

They will have to provide a complete breakdown of the figure they are claiming. Did they send a letter every time a payment was missed? is there anything in the SAR saying payment missed - or similar wording? or charge added to account?

[angel_1]

wE dont believe its a true breakdown as its just listed from the start, very much like a bank statement

 

ie

date

interest acrual

applicable interest rate

scheduled payment (if made the amount - if not made shows as £0.00)

arrears fee (£xx.xx)

payment made

 

there are also listed

 

Asset Management fees £xx.xx)

Solicitors fees (£xx.xx( but no breakdown of how come they have come to this figure)

 

and so forth from the begining to the end,

 

so have a column of debits and a colume of credits,,,,,

[Ell-enn]

OK, how many times does it show payment missed i.e £0.00 that should tell you how many months arrears there are. You then need to add up all the payments made then deduct the amount of payments missed.

 

Ignore everything else except the payments missed and payments made.

 

What figure does that give you?

[angel_1]

missed payments we can see at 0.00 total just over 6000

however, when we added the actuall fees and charges total about 1500.00 yet it still dont add up

 

we have taken the amount of arrears minus their fees ,,,lower figure

 

then there is an amount plus the fees, - higher figure

 

so subtracting what we thought the two above, it would show our true arrears, but it still dont get to match

 

i think we can only show how we have reached our figures and let them show us how they arrive at theirs,

 

catch up tomorrow now understand you have guests thanks for your help

 

cheers survivor and angel x

Edited May 16, 2009 by angel_1

[Ell-enn]

Your calculation should only be - payments made minus payments missed, anything else is irrelevant.

 

Add up all payments made then add up all payments missed. Deduct one from the other = your arrears

 

Remember to add any payments made since the date of the statement you have.

[angel_1]

okay ell

 

regarding the sustaining of the mortgage have you looked at this posted earlier

*****

going forward with the future payments we have now received info from the dss when partner had low income to complete parts 1 to 6 and to then to send on to the lender. They are prepared to backdate from oct 08 to feb 09 when takeway was opened. How can we use this?

 

Also the claim for working tax credits im now on course in going receive payments as had not claimed before. Can this be used to show we can sustain future payments?

 

 

cheers

 

how can we get the best decision on monday ?

[angel_1]

thanks ell im away tomorrow but survivor will be online tomorrow for any other info

 

have a wonderful evening

 

thanks again to everyone

 

cheers angel x and survivor

[survivor_13]

Hi Ell-enn/Crapstone and all who can help,

 

Trying to finalise info for tomorrow,

however still struggling with info see Post

 

 

also their solicitor stated in SARS if asked about charges added to account he would state it was pursuant to to the mortgage contract conditions.

[Ell-enn]

Your calculation should only be - payments made minus payments missed, anything else is irrelevant.

 

Add up all payments made then add up all payments missed. Deduct one from the other = your arrears

 

Remember to add any payments made since the date of the statement you have.

 

Have you done this yet? what figure do you get?

 

Re what their solicitor said

- he's correct in that it might state in the mortgage conditions that they can add charges to your account for late payment etc.

 

BUT they cannot be added to the arrears amount.

 

 

Charges are a separate issue - I repeat - you cannot be in arrears with penalty charges!!

The most important thing for tomorrow is that you show the arrears are lower than what they claim because they have added the charges.

[survivor_13]

Thanks Ell-enn,

 

Yes, I have now done this and the figure is lower minus charges.

 

 

Moving forward how can we implement details from Post

 

 

re extra income and help with arrears payments to bring this to a resolution hopefully tomorrow

[Ell-enn]

You need to take all the documentary evidence you can i.e.

 

Your calculation of the arrears showing it to be lower - use a highlighter pen on each payment made and write the total underneath. Do the same for each charge and write the total underneath.

 

Copy of DWP info regarding claim for mortgage payment for the period you mentioned.

 

Proof of income (from accountant?)

 

Use the previous statement as a template for this one and list each item as a separate bullet point and refer to the relevant attached document with an Appendix number.

 

The first sentence should be: "I wish to bring to the court's attention the following: " and then list as above.

 

Shout if you want help with it, although it may be later today when I am able to help.

[survivor_13]

Thanks a lot Ell-enn,

 

That should be sufficient. One final question before you go will I be able to submit some of my WFTC to support the extra payment of 250.00

[survivor_13]

Hello Guest,

 

How ru today. Can I help?

[Ell-enn]

You need to include all contributions to the household income

[survivor_13]

Thanks Ell-enn,

 

Il let you all know how it went tomorrow. Kind thanks to everyone for their support.

 

Laters survivor

[vickson]

How did you get on Survivor?

[survivor_13]

hello everyone,,,,,,,,,, yipeeeeeeeeeeeeeeeeeeeeeeeeee

 

you will not believe we had an amazing Judge who took the bulls by the horns and saw the lender for what they really were...

 

again their solicitor came with no paperwork,,,,can you believe it!!!!

and just wittered on about bad payment history and they wanting possession of the house.

 

The Judge stopped them right in their tracks and said,

,,this is not what we are here for today.

..Have you got your figures for the calculations

 

then he held up the two sheets we had provided at the previous hearing,,,

 

He shook his head the lenders solicitors and mumbled NO.......

 

The judge gave a huge sigh,,,

,,,,and tapped his knuckles on his desk and said Why NoT?????????????????

 

Thereafter,

the judge deceided even he couldnt fathom the figures so has gone by a figure which we beleive is correct which of course is much less as the charges and fees no longer included,

 

 

gave his final word that we could pay the monthly payment plus an additional amount which is less that we had offered

 

we are very happy with the result,

cannot thank cag and everyone here especially ELL enn again for your continued help.

 

We will sort out a donation to the site very soon,

 

We would like to now stop this,

understand there is a request so that shoiuld in the future we miss a payment the lenders have to restart proceedings and not just reissue the same possesion order.

 

We do hope we can put this behind us now.

 

Also the judge recommneded that we take our case to the FSA if they cannot provide further clarity and

also to complain about how we have been treated and to gain any fees or charges back that are reclaimable, - again we would appreciate your guidance in this next step,

 

for everyone reading this thread,

please Do NoT Give your keys back at the first sign of any threat of court action pls come here and even we can try and help as we have learnt so much.

 

Ellen is fab and will help you to save your home, pls consider all aspects and dont feel alone.

 

we look forward to hearing from you all, a well deserved drink to us all

 

Lenders ZERO - Cag - ONE fab win

 

laters keep happy

 

survivor and angel x

[jaxads]

FANTASTIC NEWS - well done - you must celebrate.

 

Ell=enn truly is fantastic - she helped a friend of mine a while back.

 

GREAT STUFF xx