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

[survivor_13]

Hiya Ell-enn,

 

Spent the entire day trying to get legal rep to help us in court tomorrow - to no avail.

 

Because the court hearing is now being held in another town due to it being a circuit judge,

the town it is being held in cannot give us legal rep as we dont live in that town

AND WAIT FOR IT

our town cant give us legal rep because its not being held in their town.

 

the result of that is no duty sol tomorrow as on holidayfor 2 weeks

 

we were unable to find a sol to help due to the above,

to be honest im feeling a tad nervous with it being a higher judge and all.

 

I am now breaking down the duty sols letter and need to ask a few qs.

Will send in next post.

 

Thanks U13,

 

Kinda feeling a bit blue today as if everything is against us, trying hard to fight this feeling to enable me to do a good defence.

[underdog13]

Don't despair just yet, S13. I can understand how frustrated you must feel about the duty solicitor problems, but I should think a higher judge would be more knowledgeable about the issues and hopefully give you a fair hearing.

 

We're all rooting for you:)

[survivor_13]

Nice one, U13 thats spurred me on, ta.

[underdog13]

That's the spirit;) Go get 'em, girl!

[ohitsonlyme]

Hi S13

I wish I could help you with technical advice but it is not my strongpoint,

 

 

you can be reassured that lots of folks on here are rooting for you and would love to be there with you to give you support.

 

I would suggest that you make bullet points on one piece of paper of the main items in your case so that you remember them in front of the judge,

and practice in your head exactly what you want to get across to him as this always works.

 

Have confidence in your case as it is clear from your posts on this site that you are committed to sorting out these arrears and this will come over to the judge

 

We are all with you tomoirrow

 

Ohitsonlyme

[survivor_13]

Thanking you,

brill advice i was contemplating how best to do this without having loads of paperwork,

 

 

if i imagine im doing a presentation with bullets etc and then elaborate on them, this is defo the way forward.

 

Thanks O

[ohitsonlyme]

Thats the one !! You already know what you want to say and the bulletspoints are as you say simple reminders just like a sales or works presentation.

The other side wont be half as well prepared as you becasue you have so much more invested in getting a good result.

 

good luck !!

Ohitsonly me

[survivor_13]

The judge dismissed the application based on this was the fifth application to suspend and there had been two previous dismissals which we had overturned.

 

the judge weighed up all the circumstances of the case and came to the conclusion that as the debt had not been reduced by a great deal since the loan was taken out

 

 

the mortgage was beyond our means and therefore the eviction could go ahead.

 

 

NOW, I would say £45,000 in 5 years isnt bad going

how can it create an impact when its exasperated by charges/fees.

 

Any thoughts on expanding on this when I go to court

 

 

i do feel it will arise once the transcript has been read.

 

Thanks, currently working on my bulletpoints

 

S13

[underdog13]

Hi S13.

 

Well for a start don't the other side have to detail all their charges and justify them? I think you pretty much paid the actual arrears didn't you?

[slick132]

Hi UD,

 

I think this was the problem - the judge didn't seem to think quantifying the exact figures was all that important !!

 

Good luck Survivor - watching quietly and wishing you well.

[underdog13]

Hi Slick,

 

that judge was disgraceful, wasn't he? Hope Survivor gets a much better judge tomorrow.

 

Wishing you the very best of luck again, S13 - will be thinking of you and keeping everything crossed:)

[survivor_13]

Hiya Slick and U13,

 

Fell asleep by computer, bulletpoints done and presentation cards sorted.

 

 

Cant do much more now apart from getting more rest and presenting our case in the morn.

 

Il check in before we go.

 

Thanks for your kind support and well wishes.

S13

[angel_1]

hiya survivor

 

wishing you lots of luck today go get them gal!

 

dont forget to take your sars info too, it shows you have had to resort to even that for the full information and that was scatty to say the least

 

also ive remembered dont forget proof of the house on the market since the start

 

text me later okay and dont forget to highlight that the judge earlier in the year had made a order for the true arrears to be presented and the claimants sols still have not got this ready for court, and that surely is an abuse of something, cant think what guys help out pls

 

infact they have continued to ignore the crux of your defence at every opportunity and frustrate your repeated attempts to get a resolution to this

 

keep positive laters all angel x:)

[Ell-enn]

Hi Survivor, you need to stress the point to the judge that the Claimant's loading of arrears charges to the account has frustrated your efforts to establish what the true arrears figure actually is.

 

Will be thinking about you...

[underdog13]

Praying you get a good judge, S13. Sounds like you're all prepared, so here's hoping;)

[midge61]

Wishing you all the best in court.

[angel_1]

hiya all

 

just back in and not heard from survivor yet so have no news, fingers crossed though for them

 

laters angel x

[survivor_13]

Hi Guys,

 

Left court at 2pm - another long day i guess but not as long as Thursday.

 

Got in to see the judge at 10.45,

he first question was have we managed to resolve it amongst ourselves,

advised sent faxed request but no response.

 

 

The judge seemed quite perplexed by this

he listened to their sols for just over 5 mins and then advised the file received from the court was a mess and they still havent received the transcripts.

 

I then highlighted what I believe to be the true arrears figure and he stated indeed the difference between charges and arrears were quite significant.

 

 

Their sols then said it was a legal fact that after 2mths non payment they can go for an eviction warrant.

 

 

Also she used case law S8 of Administration Act 1973,

its a mortgage and they are allowed to charge how they feel fit.

 

 

The judge was having none of this and he stood up with his paperwork and said,

sort it out/come to an agreement or the decision I make one of the parties will not be happy with.

We then left the court room, and went downstairs

 

 

she rung the claimant and the solicitors firm she works for.

I advised I would be happy to pay the true arrears figure to settle this

they wanted the payment including charges.

 

Hence we were a loggerheads,

they wanted to arrange a new eviction date.

 

 

Went back up at 1pm to see the judge,

he wanted to know if we had come to an agreement which we hadnt.

 

it was ordered eviction suspended until hearing on 6 November 2009,

by then transcripts should get to the court.

 

 

Also we pay the £ 150.00 as we proposed with effect from 30/10/09.

and that the fees were being disputed and thats what are defence was based on.

 

Their sols also mention by the 2nd November the House of Lords should make a decision regarding unfair charges so hopefully that should come through by then.

 

The judges last words to us was to get legal advice/legal rep.

 

in the words of U13-we live to fight another day.

 

Guys,

thanks for your continued technical and moral support,

wouldn't have been possible without CAG.

 

Survivor

[Ell-enn]

Whew! at least you've got some more time to get facts together. How on earth lenders think you can be in arrears with charges is beyond me ! you can only be in arrears with a contractual payment.

[survivor_13]

Hey Ell-enn,

 

With your help the claimants sols asked if ive ever considered becoming a legal rep.

 

 

Clearly my highlighters,

my cue cards

and my impressive folder with the dividers that angel told me to get in order must have clinched it.

 

 

Not to mention my snazzy suit and glossy lips lol.

 

Either way it bought us more time and we are contemplating legal representation.

 

Thanks a bunch Ell, simply the best

[Ell-enn]

Check out your house insurance and see if you are covered for legal assistance - my policy has it in.

[angel_1]

hiya all

 

fab news - this just shows you have every chance of putting your voice and defence across and never give up hope

 

clearly it is always best to keep going to court and fighting, never give up

 

again huge thanks to ellen and everyone else who has taken an interest in this thread and our battle

 

your support has greatly helped survivor plus im learning every day from you guys too so thanks

 

have a sunny day laters all

 

ohhhhhhhhhh survivor i lost phone connection and now must dash offline to do dinner speak later

 

angel x:lol:

[survivor_13]

Will get paperwork and see whether it includes legal help.

 

THANKS:D

[mkb]

Excellent news! Lets also hope the HoL decision puts paid to these ludicrous charges once & for all & its in before your next date

[slgsue]

Really pleased for you!!!! Sounds like you had a good judge there hope it only gets better for you x