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

[survivor_13]

hiya jaxads yes we are truely elated and wish our journey will help others facing what we faced,,

 

have a fun day off to have a nap

 

laters survivor and angel x

[vickson]

Well done survivor,

 

at my last hearing the judge gave the barrister from the lender a right telling of,

he said "when will you people learn that judges need information",

 

 

how is a judge meant to guess the figures with no documentation.

 

 

he then ordered that the costs should not be added to my mortgage coz the lender was just a waste of courts time,

 

They really think repossession is a walk in the park and this is because most people will not defend an eviction, they simply just give up.

[survivor_13]

hiya vickson yes totally agree, they all think its all so easy and it iswhen people dont defend,,but the tide is turning

 

so did you get your costs paid back ??

 

wonder if we can ??? sure ellen will guide us

 

laters all defo going

 

cheers survivor and angel x

[citizenB]

Excellent news Survivor and Angel.

 

I flagged the original post for Ell - en

[Ell-enn]

That's fantastic news!! WELL DONE for being so brave and sticking up for yourselves. Good to hear you got a judge with common sense too

 

I'm delighted for you - I sincerely hope you can relax now and get on with enjoying life without the situation hanging over your head.

 

(Bet their legal rep felt a right numpty )

[underdog13]

Am absolutely delighted for you:D:D:D Well done!

[survivor_13]

Thanks Guys,

 

Im elated also and ONCE AGAIN A MASSIVE HEARTFELT THANKS TO YOU ALL.

 

Kind Regards Survivor

[sillygirl1]

Glad you got a good result, these lenders are now going to have to face up to facts and realise that they need proper legal representatives in court, not local 'jobbing' solicitors who only get the basic details of the case the day before, sometimes on the morning itself.

 

Good luck in the future.

[underdog13]

Glad you got a good result, these lenders are now going to have to face up to facts and realise that they need proper legal representatives in court, not local 'jobbing' solicitors who only get the basic details of the case the day before, sometimes on the morning itself.

 

Good luck in the future.

 

Fair point, SG:) However, tbh I rather hope the creds don't wise up to the fact that they need proper representation - levels the playing field for us a little;)

[angel_1]

hiya underdog and all and from me personally especially Ell -enn.

...ive got sore fingers typing up all the info lol

 

yes all the hard work we put in,

does give us all a bit of hope and breathing space

and maybe we did get a good judge today,

 

 

but to arrive a second time without any paperwork the lenders solicitors really didnt help themselves,

but helped us greatly of course;)

 

however,

i feel now for survivor,

we need to really make sure we tidy up our end too, s

 

 

o if anyone can guide us for the next steps what we initially wrote in post number 126

 

that would be great, but tomorrow will do - lol

 

lets just enjoy our victory today lol

 

nite nite and thanks for all your support

 

laters angel and get some sleep survivor you did good today

x

Edited May 18, 2009 by angel_1

[underdog13]

Hiya Angel,

defo savour your victory tonight:D I'm sure you'll find a way to wrap this up for good - you've beaten them so far;)

[slick132]

Hi Survivor,

 

A great result and well done to you and others involved in achieving this result.

 

[angel_1]

:Dmany thanks again underdog and thanks slick

 

today is a fresh day

 

have fun laters angel x

[Crapstone]

Sorry I'm late responding but have had some poop of my own to sort out.

 

But..WELL DONE...WELL DONE...WELL DONE!!!!

 

What you need to do now is still work on those statements and the true arrears figures. Your arrears figure should just be the payments missed, nothing else.

 

You can complain to the FSA but they won't act on individual complaints or give you compensation.

 

Make a complaint online to the Ombudsman (FOS) and at this stage you only have to give a brief outline of your complaint and what resolution you seek. So in your case it would be unfair charges and statements you can't make head or tail of plus their general attitude when you have done your best to sort this out. As a resolution, you want a refund of your charges and fees unfairly applied and your account to be conducted properly with clear statements issued (plus anything else you may want to add). Kepp it brief as it's just an intitial outline at this stage and you can always add things later when the FOS gets in touch with you.

 

You're not subject to court action now so don't be put off if you read that on their website.

 

Then you just have to wait for them to get in touch and then you'll have to provide anything you have to support your claim. Most of which you have and it's a walk in the park compared to going to court and they will give you a contact name and number if you have any questions.

 

Once you have complained the company should suspend all legal action and not send you threatening letters and you'll probably find they will stop applying the fees until it's sorted out. It took me 2 years for a final decision from the FOS but it does give some breathing space and puts pressure on the company to sort themselves out.

 

If you aren't satisfied with the final decision you still have the right to take them to court to get your charges back. By the time your case gets to that stage we should have some legal clarity on if the fees and charges are lawful or not and by what degree.

 

We have to remember that these 'lawyers' are just para-legals and rely on either the defendant not showing up or is not aware of the law. Unlike us they have a case load to deal with day in and day out but we can dedicate all our time to OUR cases and to protect our OWN interest by turning up far better prepared they they are.

 

Again WELL DONE and you've made my day!

[angel_1]

Many thanks Crapstone

 

good luck in your journeys

 

however, would like to personally thank you too for your encouragement and your latest post on what next to do,

 

at least now survivor now can do the next bit and fab that the judge actually more or less encouraged us to complain so its FSA but yes i agree, also put the direct complaint into FOS too so that an acutal investigation also takes place too

 

i think with all that we put in our defence, this lender got their hands a bit scorched,,,a walk in the park it was not for them:D

 

its a hard lesson for us all, but im more then happy to have learnt from all this for myself , to know my own cases inside out, is the best form of attack there is

 

have a fun day and again my personal thanks

 

angel x

[survivor_13]

I went to court in May 2009 regarding repossesion of my property which we defended sucessfully and put a payment plan in place.

 

 

At the time the judge recommended we complain to the FOS about charges and late fees being added on to the account as he didnt feel they should have been added on the court claim which we defended against and highlighted.

 

How do I go about reclaiming these charges and fees.

 

 

Could someone help ASAP please.

I also noticed from my most recent statement they have added on yet again further charges.

 

I would also appreciate some advice on how to draft the letter to the FOS regarding the above

 

 

Kind Regards Survivor:confused:

[dx100uk]

find the forum which has the same name as your mortgage? co. and do some reading.

 

sar would p'haps be your first step, but if you have all the charges details already, then just start a claim against them in the usual manner

and dont forget the int at their rate & stat 8% on that too

 

dx

[42man]

This should help

- http://www.consumerforums.com/faq/73-guide-to-reclaiming-bank-charges-april-2008-/380-introduction-.html

 

 

I think you should write a formal letter stating that you dispute their charges,

and request repayment of these (beware they don't take them off the 'end' of the loan)

 

 

instead you should request these charges to be offset against your arrears.

...either way create a dispute first,

 

 

give them the chance to answer your dispute

 

 

, then if you are not satisfied you could go through the FOS or take them to court to reclaim them...

[survivor_13]

http://www.consumeractiongrtroup.co.uk/forum/legal-issues/219905-fsa-letter.html

 

hiya all

 

had asked for info see above thread but ive come back to this original one so you can see the history

 

we didnt get around to complaining to fos and thus now

 

 

once again got an eviction order

 

 

however on a brighter note

the dss claim for help with interest mortgage has now been authorised and we anticipate money direct to the mortgage company anyday,,,,

 

the mortgage company have now gone by the order of the judge as we have missed one full month and part of one month and gone straight for the eviction again for next month

 

the judge also ordered for the purposes of the s8 admin act 1973

the court was concerned with the arrears of the payments that we would have been expected to pay not with admin charges and additional int charges.

 

 

this order is made on the basis that the true arrears do not exceed this sum

- which is much lower than what the mortgage company had stated.

the figure presented at the hearing may well be even lower.

 

 

The mortgage company must produce clear information at any future hearing.

 

we are of course concerned they have not adhered to this as they have just continued with the higher figure and continued adding admin charges and interest thus the amount claimed is totally inflated

- we are now concerned how the dss payment will resolve these issues for us

as we have asked for about 6 months interest payments when partner was out of work,

if these amounts hit the mortgage company we hope the arrears would be cleared

 

we shall call the dss in the morning to see if we can get confirmation of what exactly is being paid and when and if this would resolve the arrears due and thus we can defend the eviction again

or would it be just that the arrears would be resolved immediately on the dss payment

 

any advice appreciated cheers survivor and angel x

[Ell-enn]

Hi, well obviously you can defend the eviction again given that the DSS are now going to be making payments. You can also advise the judge that the arrears total is wrong again !

 

Once you have got info from DSS as to how much and when they will be making payment to the mortgage company, come back and we will see what can be done.

[survivor_13]

Hi Ell-enn,

 

Have now spoken to the DWP and have been informed that payment will be made with effect from September.

Also spoke to mortgage company and they have also received confirmation also,

however no payment has been received yet.

 

I have spoken recently spoken to the duty solicitor who represented us at our last hearing

 

 

she advised making a complaint online to the FOS and also writing a letter to the judge for his perusal tomorrow outlining what happened in court previously and seeking his advice prior to us going to court

hopefully next week before the eviction date on the 9th October.

 

Angel is coming to mine at 2pm and we will be drafting the letter for the judges advice.

Would it be possible to give us some help with what to include in letter before 2pm please, if u can.

 

I do hope we can put an end to this recurring nightmare. I am also complaining online to the FOS this afternoon.

 

Kind Thanks

Survivor

[Ell-enn]

Hi there, can you just clarify who you are writing the letter to ? is it the duty solicitor who wants to read it tomorrow?

 

If you are going to defend the eviction warrant you will need to put in an N244 form to the court with a statement - is this what the solicitor means?

[survivor_13]

Hi Ell-enn,

 

Its a letter to the judge before i complete the N244 form

as the company has totally disregarded what the judge said with regards to the true arrears figure.

they have contiuned with their figure of including the arrears and now that is 12037.53.

 

Im aware i need to do the N244 form however it eas put to me by duty solicitor and the county court clerk to present the judge with a letter explaining.

 

 

Explain why we havent received a true arrears figure as the figure is wrong.

I have also calculated figures from inception to mar 2008 and the charges figure paid is £3233.00.

- which we had paid off together with any arrears at that time

- this was before knowing our rights and cag.

 

we are asking if this above figure which was previously paid could be offset now against the arrears figure which we think is 6021.00 thus in reality we wish to show the correct arrears figure 2788.47

- which we instructed to pay the monthly amount of 150 a month towards the arrears figure only

 

we wish to show the judge that again we are only using their figure to try and establish the correct arrears figures which the judge las time in his General form of judgement or order that - this order is made on the basis that the true arrears do not exceed 5035.44 and that the claimant must produce clear information at any future hearing.

 

This is what the claimant is clearing ignoring as they are sending statemets requesting full arrears figure as at 31.8.09 that it is 12037.53

- which is completly wrong as it includes the fees and charges,

 

Also

- recent development

the dss has confirmed they are paying 4405.86 to the claimant in sept which we wish to go towards the true arrears figure

- therefore we should be in credit,,,,, 1617.39

 

can you help us please ?

 

Would truly appreciate it.

 

Thanks

Survivor

[survivor_13]

Hiya,

 

Sorry that I didnt get a chance to respond previously,

i realised i could have continued on my existing thread and have now done so.

 

 

I am now in the process of writing a letter to the judge for his perusal highlighting the unfair charges and seeking advice as how to proceed before I do the N244 form

hopefully to have the hearing heard on mon 5th october the eviction date is on the 9th october.

 

Do you think its a good idea to write a letter to the judge or just to get on with the N244 form.

 

Still unsure of what to put in letter,

 

 

i will draft up today and hopefully someone can advised whether this is the best way forward and whether context is correct.

 

Thanks Survivor

[slick132]

Hi Survivor - responding to your Reported Post.

 

If you could post up whatever you've drafted so far, we can see if it needs altering.