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

[angel_1]

Hi there, surely your application to suspend eviction should be heard in the court which issued the eviction notice, and as On the Case said, the same court where the bailiffs would execute the eviction warrant ?

 

You're not asking for a hearing to appeal the higher court decision - you're asking for a hearing to suspend an eviction notice.

 

 

hiya Ellen

 

thank you too for looking in, this is what we first also thought and survivor told the desk clerk this today, the clerk had to call the higher court where the appeal was heard, and since its the same case it now has to go higher court in the next big city to us

 

ive tried to put in more info on my last post below

[angel_1]

hiya all again

 

further to my post no 318

 

=====

 

we are really unsure why we are being told to do the appeal -

 

survivor has rung her insurance and someone will call her tomorrow as an urgent claim

 

she will also contact the solicitor who helped in the last appeal to understand a bit more

 

 

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

 

We have found the Notice of Eviction

 

it clearly states In the ((Our town name)) County Court giving info on when the evicition to take place and time.

 

So why still the appeal to appeal against the previous appeal which we lost.

 

#Thus is the Notice of Eviction misleading ??? we assumed of course we could just do a n244 to suspend the eviction notice we had received. (which of course was dated 23.11.09 after the last hearing we lost on the 17.11.09)

Edited December 8, 2009 by angel_1

[Ell-enn]

Did you take the Eviction Notice with you to the local court?

[angel_1]

Did you take the Eviction Notice with you to the local court?

 

 

no we didnt - we didnt include it in the bundle - Why do you ask pls? now thinking about it should we have done- suppose we just relied that the n244 would be sufficient

[Ell-enn]

I was just thinking that if the court saw that the eviction notice was issued by them, then they would realise that the hearing should be held there. This is a separate issue altogether from the hearing in the higher court.

[angel_1]

I was just thinking that if the court saw that the eviction notice was issued by them, then they would realise that the hearing should be held there. This is a separate issue altogether from the hearing in the higher court.

 

 

right we are now realising this, but is it possible for court admin staff to make such an error when surely their computer records would have shown them this notice had been issued by them and we were surprised to be told that it had to go to this appeal

 

what is there to appeal further?? since the last eviction date was the 9.10.09 and had been adjourned on payment of the cur monthly installment and thus the eviction date had passed.

 

Therefore we agree this is a new eviction order which to us is a fresh n244 defense

 

are we thinking correctly now ?

 

so will go to the court in the morning and show them the notice of eviction. the N54 form issued by them

 

Whats your thoughts now? cheers

[Ell-enn]

Hi, what info did you put on the top part of the N244 - did you put the details from the eviction notice in the boxes, i.e. did you put the Warrant Number in - this should have told them it was issued at their court. If you only had the case number then probably they would only have the info that it was transferred to a higher court.

[angel_1]

Hi, what info did you put on the top part of the N244 - did you put the details from the eviction notice in the boxes, i.e. did you put the Warrant Number in - this should have told them it was issued at their court. If you only had the case number then probably they would only have the info that it was transferred to a higher court.

 

oh jeez

 

 

we did think of the warrant number but didnt have it to hand at the time and of course hadnt used it before the appeal - so we can now understand what you say - the warrant number would have flagged it higher for them -

 

but she was dozy person - sorry she confused me with science mind you at 4.30 p,m today i was a tad tired, now im really cross

 

 

so now what happens if we go back tomorrow and it gets accepted they only hear cases monday and wed,

[Ell-enn]

If you can get there first thing in the morning and can get them to understand about the warrant then you may get an emergency hearing there and then.

[angel_1]

If you can get there first thing in the morning and can get them to understand about the warrant then you may get an emergency hearing there and then.

 

 

yes we would like that but how would they inform the other side?

[on*the*case]

yes we would like that but how would they inform the other side?

They can't, shouldn't stop you getting an emergency hearing.

[michellej]

hi hope all works out well for you , good luck

[angel_1]

hiya all

 

we are going to call it a day , as we have been on this all day and done bugger all and then the silly woman doesnt help us arghhhhhhhh at the court i mean

 

so survivor will go there first thing and take all the n244 info we did today and also more importantly the eviction order and hope and pray it is heard there or at least this week or adjourned for next week

 

thank you all very much for your heartfelt assistance - i may have slowly gone mad today without your support

 

survivor shouts out thanks toooooooooooooooo but we shall update the thread tomorrow when we can

 

nite nite and keep positive

 

laters all angel and survivor:cool:

[underdog13]

Very best of luck for tomorrow, survivor and angel - keeping everything crossed for you:)

[Desperate Daniella]

angel and survivor, hope it goes okay.

 

DDxxxxxxxxxxxxxxxxx

[angel_1]

hiya all

 

it was one hell of a day yesterday

 

anyway if nothing else it taught me personally not to take anything lightly from the courts anymore,

 

just printing off the n244 again with todays date and including the warrant no now too

 

survivor will go this morning and as i said as soon as i have info will update

 

again thanks to all who have sent your kind messages of supported it is very much appreciated - i personally feel im going to be facing this eviction too - i wish i could do more but unless we win that lottery here is hoping i sure would help others facing this type of stressful situation

 

anyway lets keep positive have a happy day all

 

laters angel x on behalf of survivor too

[michellej]

good luck ,... look forward to your update

[angel_1]

hiya all

 

 

its not good news im afraid, it appears that they have to go to the higher higher court to appeal the previous hearing that they lost unfortunately

 

you can all imagine how devasting this is, to hear that it looks like they have managed to force it this way, it looks like unless they can pay the full amount of arrears and charges by friday they will be evicted

 

survivor felt that it would not be of any use to go to this higher appeal as they dont really have any new evidence to show and is this judge really going to overide previous judge?

 

im not sure what is going to happen now but i think today they are taking stock of the situation and im just updating you all incase we havent thought of something that we can do say now tomorrow at the latest

 

i thank each of you for helping me support survivor im just at a loss what else i can do to help them

 

im out for a few hours will be back later to see your comments

 

again i am astouded that this is happening today

 

take care catch up laters angel x

[jansus]

So sorry to hear that news - very sad after all that has happened - I am sure Ell-enn will be along later to see if there is anything that has been missed.

[angel_1]

thankyou Jansus

 

the only alternative now is to pay the full amount including all charges to keep the house, know survivor is looking into this lets hope and pray she manages to get this resolved

 

i have no other info at the moment to update as soon will let you all know

 

take care laters angel x

[michellej]

Sorry to hear the bad news , but keep your chin up , it has not gone yet ,.. hopefully something pulls round and eviction will be only a word ,.. we are wishing all the best for you's and wishing a success ,..

[Desperate Daniella]

angel, I'm so, so sorry, Please tell Survivor that, and that I'm thinking of her. I have been very close to this and only managed to stave it off by the skin of my teeth.

 

She'll obviously be begging for help from everyone she knows and I wish her all the luck in the world.

 

DDxx

[angel_1]

hello michellej and daniela

 

yes hiya - well ive given her a couple of numbers to try out, and im sure she is asking everyone to help, i also have been there but managed to sort myself out before any court action took place - was lucky i got an arrangement plan that i stuck to weekly for 6 solid months to get myself out of any court action and to be fair my lender was helpful in letting the remaining arrears be capitalised after the 6 months

 

But it was a real worry at the time, so i do understand this is far more serious now - however, the lender has refused to accept a third party to pay by credit card half of the amount, they say proceedures have changed and they cannot accept it, money has to come direct from the mortgagee thus they mean a bank transfer or cash deposit, who has that amount of money in cash, only a loan shark and we aint going there

 

they insist they want the whole amount and really a tall order - so im buying a couple or scratcards today just in case i can win a bit enough to help today

 

i will of course give your warm regards to them - thank you

 

catch up laters with any updates - even checked our weekly lotto nothing won

 

kind regards angel x and from survivor too

[angel_1]

hiya guys

 

just updating you and also to ask for a little more guidance please

 

we are scraping together the money and hope to have it all by tomorrow morning

 

but what im thinking now for survivor - how can we squash this totally now

 

if we get all the arrears they are wanting plus the charges they are wanting paid off tomorrow

 

so we are back at a level playing feild with no arrears of any kind, how can we get this not to rear its ugly head again should god forbid a payment is not made in the next few months

 

can we get some kind of order done at the court so that if it should happen the clock starts from the beginning and not that they have to issue another eviction order immediatly

 

i thought id read somewhere that we can get this stopped fully once all the arrears are paid off,,,

 

hope you understand what i was thinking of, appreciate your thoughts, its just something ive thought of tonight

 

thanks again will look in before i go to bed and also early morning

 

cheers angel x

[sillygirl1]

As far as I know you can get a Certificate of Satisfaction which should effectively stop them reusing the same court order should further arrears arise - and of course dont forget to see if you can reclaim the arrears fees they have added.

 

If they try for another order counter by stating they have already had over the odds in arrears fees on the previous case and that should help delay things.

 

Good luck with tomorrow, I wish I was able to chip in with funds but I am skint due to an unexpected house move - not through repossession this time.