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

[underdog13]

best of luck for wednesday, then - keep fighting:)

[nevos]

Hi, IMO it might well be worth having a go at them about the charges not fees they are penalty charges. For example: Are there consultant charges in there? these are usually around £90 each including VAT.

 

In your friends case the charges equal the arrears plus, they appear to have been included in the total arrears cliamed.

[angel_1]

hiya

 

underdog,,,,always fighting to the bitter end thanks for the support again:)

 

nevos - yes this is what we have Finally realised, i didnt until ell-enn pointed it out the huge figure included their solicitors fees, monthly arrears fees, and other charges they felt fit to charge!

 

when we broke it down it was just over half the figure in real time missed monthly mortgage payments which we have said is part of our dispute in not showing the true arrears amount...

 

;-)

 

i dont think we can do any more fingers crossed

 

thanks for the support

 

laters angel x

[survivor_13]

Hiya All,

 

Just like to say thanks to everyone for your input. Couldnt have got thid far without your guidance. Fingers crossed for tomorrow and il update as soon as I can.

 

Once again thanks

 

Laters survivor

[vickson]

Hi Survivor

 

Heres hoping that it all went well for you.

[underdog13]

Hi Survivor

 

Heres hoping that it all went well for you.

 

ditto:)

[angel_1]

:-)hiya all

 

survivor will come on later but now asked me to update a bit of news

 

just dashing in for a moment to tell you partially good news, its been adjourned so that the other side can actually bring with them next time the correct figures about our dispute of the charges as the boy wonder didnt have anything

the judge clearly stated it was not good enough, even when he claimed the last payment was march, yet clearly we had receipts for up to date payments including april,,,:lol::lol:

 

we had a duty solicitor who was VERY IMPRESSED with what we got together with ALL your HElp COULD' nt have done it without you all

 

HUGE thanks especially Ell-enn, you are a True Angel, I bow to you

 

So im thinking now even though the mortgage company having been told by the judge to clarify and explain what the arrears and charges are and to obtain full explanation,

 

***** IM thinking should we request a SARS now (know its 40 days for them to supply info but it would show the judge we are looking at obtaining our info)

 

many thanks laters will catch up and thanks for your kind thoughts everyone

 

cheerioooooooooooooo angel and survivor

[Ell-enn]

Great stuff! (I love it when a judge is unimpressed with the other side:D)

 

When was the hearing adjourned till? Certainly send a SAR (by special or recorded delivery), if they haven't answered by the time of the hearing you can show the judge a copy of and proof of receipt. Keep making the payments also.

 

Ellx

[angel_1]

hiya Ell

 

 

many thanks

oh yes Judge not impressed at all with their law man.... kept on about saying we were trying to get out of the eviction, but he didnt have the paperwork to back up his statements and we had, love it when a plan comes together:lol:

 

Dont know the date - wasnt given just told to expect a letter in the post and the duty solicitor was soooooooo impressed with our budget, and stuff, made life easy for our solicitor today

 

Yes will send sars Recorded delivery and keep our receipt for future use.

 

anyway im sure survivor will tell more later8)

 

just so very happy at the moment

 

have fun laters angel x

[vickson]

Well done, these agents that they send never have any information when they come to court. Fancy thinking that they could take a persons home on their own say so without any evidence whatsoever. it just shows the arrogance that they have.

[underdog13]

Thank goodness you've had a bit of good news - well done for holding your own in court:)

[survivor_13]

Hi All,

 

What a day and a v good one i might add. Had one of the best sleeps ever this afternoon woke up just after 11 tonight, I guess all the sleepless nites have caught up with me.

 

I asked Angel to update you all on todays proceeding, i guess the battle has just begun and we now need to collate all our financial history for the next round.

 

Sendind SARS letter off recorded delivery 2moro. Unsure when next date is but if I know the claimant it will be as soon as possible. Will keep u posted.

 

Thanks a million, laters survivor

[Fiscalawareness]

well done to you both i think you deserve a big hug

 

a question regarding your debts, now that you have done a budget, do you have any unsecured debt that your could reduce payments on via arrnagments or debt management to increase the protection on your mortgage payments,

 

ie if you had payments to a credit card you could write to them reduce the amounts and increase not just the payment to the mortgage but also show the judge that you have now prioritised your payments your mortgage.

 

cheers james

[Fiscalawareness]

plus you now have time to write off those unfiar late mortgage fees and any you have paid reclaim them

 

i think the tides turning for you both

 

also check what esle you can claim back to help the cash...

 

PPI

Credit Card Charges

 

can be claimed back easily and quickly

[angel_1]

hiya james

 

im sure suvivor will reply to you also directly, but thanks for your post from me personally

 

i know what you are saying, we have now sent the sars letter off to them, we are rather hoping now that the charges/fees etc will somehow reduce the arrears by half, that would be a huge relief but yes i take on board what you are saying about priorty debts over unsecured debts - but from what i recall from the budget there were no unsecured debts, but im sure survivor will answer that more correctly

 

its been a huge learning curve for me too,

i really am so livid at these sub prime companies that think they are above the law

- but also its scary that someone could have easily lost their home if they didnt know what we did this week

 

thanks for the support catch up laters angel x

[Ell-enn]

its scary that someone could have easily lost their home if they didnt know what we did this week

 

Lots of people do lose their homes Angel - simply because they don't know what to do. Only a small percentage of defendants turn up to their hearing in court and of course the lender gains possession by default:mad:

 

One of the people I was helping recently told me that there were 20 cases for possession listed on the same day as hers and the waiting room was full of legal reps, one of whom went in for 3 different hearings - no-one turned up for any of them and he was boasting to one of the other legals that he doubted if the 4th would be defended either!!

 

If I win the lottery tonight I'm putting a full page advert in every newspaper telling people where to get help at the last minute!

 

Ell

[angel_1]

hiya Ell

 

i hope you do win that lotto,,, and if i do too, will do the same i promise, when i went with survivor at the end of jan, there were 40 cases in our little town on that day , so yes i totally agree lots of people do not attend as they think its too late.

 

i just feel so angry now , this week, i was quietly confident what we had done was going to shake the hornets nest a bit, but for others who didnt get your help Ell i truely feel so sorry and scared that something really serious needs to happen to highlight this

 

there has to be another way surely

 

anyway off to do dinner and will come back later

 

catch up laters angel x

[jansus]

Just wanted to say VERY well done and hope that things get better from now on.

[Crapstone]

Hi everyone,

 

I'm not sure if anyone else has mentioned this on CAG yet but I'll post it anyway.

 

Shelter (the housing aid folks) have a legal website aimed mainly at debt advisors and is usually subscription only.

BUT they have a free 10 day trial on it.

 

 

You don't have to be a company and you don't have to give any payment details.

They ask for a password, username, email account and your name/address but you can get started without having to check your email.

 

Shelter Legal England - Home

 

It has lots of information all in one place about repossessions, case law, codes of conduct as well as legal obligations from lenders. It's got loads of links to relevant sections of law, the Mortgage Code and the FSA handbook.

 

It covers most legal subjects, not just housing or repossessions.

 

 

As a suggestion I think it's better that CAGgers don't all rush to try it out.

 

 

Stagger the applications otherwise once the 10 day trial has ended we won't have anyone left that is still able to look at it unless they have paid.

 

 

From what I've found it's access all areas and you can download from it unlike the usual limited access you have on trials on other sites.

[survivor_13]

Hiya All,

 

I am now in receipt of letters from all parties.

 

Court Letter

*********

 

1. General Form of Judgement from the Court

 

IT IS ORDERED THAT

 

The application to suspend the warrant is adjourned to be heard on 18 May 2009 at 9.45am with a time estimate of 5 minutes.

 

The warrant of eviction is adjourned until the next hearing.

 

dated 22.4.09

 

=============================================

 

Solicitors Reply

***********

 

Confirmation of what happened at the hearing ie the DJ had ajourned the matter as the arrears were clearly in dispute and therefore she gave the Mortgage Company an opportunity to produce a breakdown of such arrears. We would now hear from the court (see above).

 

The solicitor advised that it is likely that unless the arrears had been in dispute that the DJ would have dismissed our application on the basis that we had previous agreements with your mortgage company which we had breached.

 

The MC will come well prepared next hearing thus we are being advised to do the same, and bring as much documentary evidence in support of our application as possible including info on the take away business and any info ref any offers in relation to any possible house sale.

 

As the solicitor only seen us briefly on that day, they were not able to advise if the proceedings against us had been properly issued in compliance with the requirements of Part 55 of the Civil Procedure Rules 1998 or otherwise.

 

====================================

 

Mortgage Company

++++++++++++++

 

Dated after the issue of the new court hearing. in responce to our fax

 

our proposal of 250 extra each month over the contractual payments has been declined as does not sufficiently address the arrears. they say currently arrears in region of 8000, if they were to accept they say it would take over 3 years to clear - in accordance with FSA TCP policy such extensive increase to an already un-affordable monthly payment merely exasperates the issue long term.

 

They now await news of the adjourned hearing, so they can provide the judge with a statement of payments and fees on the account since inception as was requested.

 

==================================

 

Sars reqeust received at the MC registered office now understand they have upto 40 days so now our concerns are

 

1. What will now happen at the adjournment date of 18.5.09???

 

2. Can we request that we also see sight of the documents being sent to the DJ at the court well before the 18th May?

 

3. do we need to defend further and how can we when we at the moment dont know what the true arrears are??

 

4. With them not accepting the 250 extra per month at the moment as we believe they are working on the figure of 8000 we hope this figure will be reduced to the nearer of the 4500 to 5000, therefore would then the 250.00 be more acceptable or can the judge rule more in our favour??

 

5. or can we keep promoting the Norgan Case in our defense and ask the judge to rule this as the final outcome therefore it may be even less than the 250 being offered.

 

6. We are not sure how if the proceedings against us were issued in compliance with the Part 55 of the Civil Procedure Rules 1998 or otherwise

 

We are really now not sure of the next things we need to do or how to get information from the MC before the hearing....

 

 

MAny thanks truely appreciate your further guidance

 

survivor and angel here with me today typing up as she is much faster at typing up ...

 

laters xx

Edited April 30, 2009 by survivor_13

[angel_1]

Good morning

 

just wanted to see for any updates as 18th is drawing near yikes

 

have a sunny day and will check in laters

 

many thanks for your continued assistance

 

angel on behalf of survivor:)

[mercyblue]

sounds like they were going for a default judgment as most people dont turn up. As for the arrears perhaps you might want to point out their obligations under mcob rules see here FSA Handbook - Full Handbook

[Crapstone]

What was the date of your suspended repo? What documents were sent to you after the hearing in January and what did they say?

 

If it was judged in Jan/09 that you were to pay £100 + MP and you have strictly adhered to that then I can't see what grounds they could have unless it is an appeal by your lender or the judge specified in writing that.

you had a time limit to sell your house or settle the arrears.

 

If the mortgage is in your partners sole name they will only take into account what he can maintain and look at your case as having an interest. They need proof they can keep up the payments and it already seems you can prove the arrears figure is inflated.

 

Request from the lender that you want them to dislose all the documents they intend to use in court, they should provide them but if not then raise this at your next hearing and say you are still waiting for the information you need from them to further your case.

 

If in doubt you can always ring the court as the staff are usually helpful, although they can't give you legal advice, but will tell you what to expect and you can also ask them to make notes on your file prior to the case being heard. Tell them you have asked for information under a SAR and are still waiting for a reply and that you have asked the lender to supply anything they intend to use in court and you are waiting for a reply. Send this in written form for the attention of the judge to be added to your case and keep it updated rather than turning up on the day and expecting them to take notice of something suddenly put before them.

 

Can you afford the £250 in the long term? How long have you got left to pay off the mortgage? It seems that they are taking into account the arrears fees and interest that would accrue rather than clearing the actual arrears. You need to calculate if the Norgan case would work for you but keep it real as this will probably be your last chance to keep your home as the last thing you need is an eviction and a shortfall sale by the lender.

 

Your children are 11 and 4 so it would be a reasonable arguement to at least extend the repayment period until the youngest is 18 even if this is short of your full mortgage redemption date and not the remaining term as judged in the Norgan case.

 

Under part 55.10 you should have been notified, as an 'occupier'. All proceedings should have been listed along with their contact details and the registered proprietors of the property.

 

Just keep looking at all the paperwork and find as many mistakes as you can to question.

[survivor_13]

Thanxs Crapstone,

 

I'll get letter drafted for the judges attention and enclose SAR's letter sent, postal order no. and special delivery receipt etc. I'l have this done ASAP.

 

I'l also keeping checking paperwork for any further errors etc. The mortgage company is really gunning for our property, they have helped us in no shape or form.

 

Also regarding hearing in jan 09 - the judge had given my partner 2 months to try and remortgage however in this financial climate it proved much harder than we expected so this failed. Hence why he dismissed in favour of the claimant, still wrong to do that, dont u think?

 

Thanks for your guidance will action all.

 

Enjoy your bank holiday weekend

 

 

 

Laters survivor:)

[survivor_13]

Hiya Crapstone,

 

Angel1 and I will be drafting letter tomorrow eve to send to lender regarding sending documents that will be used in court on the 18th May and we are also sending letter to the judge as well. Any help with this would be greatly appreciated.

 

Regarding your first question - the repo hearing was on 26th Jan 09. Information was as below:-

 

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

 

IT IS ORDERED THAT

 

1) The application is adjourned and be relisted on the first available date after 2 months on the following terms:-

 

a) the defendant do pay the current monthly instalment and

b) £100 per month off the arrears

c) The first payment to be made on or before 31 January 2009

d) Permission to the claimant to apply if any one payment is missed.

 

The warrant is suspended in the interim

 

Still searching for further errors and findind it very hard to decipher their figures the SARS would really help.

 

Thanks survivor