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

[underdog13]

Very best of luck in court:)

[Tonka99]

Hi

 

Give it your best shot will be thinking of you

 

Best wishes

 

Tonks:)

[survivor_13]

Hi

 

Thanks for all your warm wishes.

 

 

We are in court tomorrow at 11.30,am fingers crossed a duty solicitor will be present at that time.

 

We feel quite prepared,

thanks to CAG and once again we'll fight with all our might.

 

 

Myself or angel will let you know the outcome.

 

Goodnite and God Bless

 

Survivor

[survivor_13]

Hi Guys,

 

Just got back from court and unfortunately we werent victorious.

Their solicitor and the judge seemed to be on the same side hence he ruled in their favour.

Their solicitor used how many times we have been to court from inception for missed payment /arrears.

The judge did not discuss the charges/fees and the duty solicitor seemed to go with the flow.

 

 

We are now trying to get the money together to pay

but still unsure of what figure to go by

 

 

they stated £10k I think as partner went into see judge alone and on hearing the verdict didnt get duty solicitor to ask about the true arrears figure.

 

I am now planning on filing another defence for tomorrow - is this possible.

We are prepared to pay arrears - fees however the true figure.

 

Court closes at 4pm and need to file ASAP,

any help would be appreciated.

 

Kind regards

Survivor

[MARTIN3030]

So what orders were made today ?

[angel_1]

Hiya ellen no worries

 

thanks for looking in survivor is on her way to my house will be here by 3pm

 

i am not too sure but from what has been told so far is that the judge didnt look at the charges and the claimants still didnt have an upto date True arrears figure only a figure with all the charges etc

 

also they claimed to have been in court before previous few times

 

the judge also didnt consider the fos and our claim as was still pending

thus here we are again

 

facing eviction on friday

 

hello Martin,,,thank you also for looking in,,,just see above until after 3pm cannot give more info im afraid

 

will stay here until she gets here cheers angel x

 

judge opposed the suspension of the eviction today

[Ell-enn]

Did you ask for leave to appeal?

[underdog13]

Survivor, I am so, so sorry to hear your bad news.

 

I regret I don't have the legal knowledge to offer any practial advice, but I just wanted to express my heartfelt sympathies.

 

Hope you manage to raise the funds or find some other way to stave this off.

[angel_1]

she has gone to court to do an emergency hearing,,,ellen

now

 

but what is a leave to appeal??

 

hiya underdog

 

thanks ,,,its not good but hey last grasp if we can at something they can pay what we believe is the true arrears tomorrow

 

need to shoot off now but thanks all , will update later with some more news

 

laters angel x

[Ell-enn]

You need to appeal the judge's order for possession - I believe this has to be done at a high court

[survivor_13]

Hiya All,

 

I have filed defence again

- we have hearing in the morn at 9.45,

wasnt aware of leave of appeal so did form N244 again.

This suggesting we will pay arrears, however the true arrears-charges.

 

Hopefully we can get an accurate figure one and for all.

The judge probed about the figures but their solicitor stated he didnt have info - ONCE AGAIN.

 

Not sure if ive gone down the right route but hopefully we can look into right of appeal should they rule in favour of claimant again.

 

Absolutely shattered.

 

Any suggestions to take to court tomorrow would be appreciated

 

Thanking you all as always

Survivor

[jansus]

So sorry to hear the news.

And so annoyed that yet again the whole debacle regarding arrears charges is still muddying the waters so you still do not know what you actually owe in arrears.

 

 

I know they will still be added to your total debt

- but as Ellen has said they should be nothing to do with the court case.

 

AlthoughI understand that you were unable to keep to the arrangement the fact that the DWP had paid a lump sum should have actually reduced the arrears further as far as I can see.

 

It just seems so wrong.

 

Presumably if you are able to get the correct figure and able to pay the arrears the charges should stop.

 

I would hope that for once the court gets them to give you a break down of payments due versus payments made

- that is what they need to do

- it is not rocket science.

 

 

My lender does that as a matter of course on each statement.

[survivor_13]

Thanks jansus,

 

I know its been a long hard battle to get the correct figures and quite frankly its in black and white on the statement ie arrears + Fees and arrears - fees. However they seem to go for the arrears + fees everytime.

[Ell-enn]

How on earth can a judge order possession when the claimant can't confirm the true arrears situation - it beggars belief:mad: They are frustrating your attempts to establish your true arrears which has a bearing on how you plan to reduce them.

 

Did the judge take no notice of the previous order?

 

Do you know if you are getting the same judge tomorrow?

[survivor_13]

Hey Ell-enn,

 

Nice to hear from you. I know, I just dont get it either but it is what it is I guess. No, he didnt really go there, didnt take much notice of it at all.

 

I hope not - hopefully not as were in a different court, so fingers crossed.

When we did the statement and worked out the figures we actually owe £2289.14 instead of the £10,000 or whatever they claim. Oh the joys

[Ell-enn]

When you say you did the figures and worked out you owe £2289 - did you get that figure by deducting charges you had already paid ?

[survivor_13]

No. Just went from the figures on the most recent statement -end September and:-

Arrears+Fees = £12,910.00

Areears-Fees = £6843.97

 

Amt recently paid = £3732,.36also Sept payment is being made on Mon 12th = £822.47.

£6843.97-£3732.26 = £3111.61

£3111.61-822.47 = £2289.14

[Ell-enn]

what exactly did you put in your statement for Q.10 in the N244

 

Did you enclose the statement showing the arrears and charges you have posted above and proof of the DWP lump sum payment?

 

Unless you can show you actually have the £822 in the bank tomorrow to make the Sept payment you cannot use that as it could be viewed that you are only saying that to escape the situation

(I know you're not, but you have to think like a judge!)

 

Sorry for all the questions etc... but I'm trying to find a way to help you tomorrow

[survivor_13]

Thats ok Ell,

 

Yes,

I included the statement showing the arrears n charges as above,

did not include proof of DWP as their solicitor confirmed this in court,

however showed workings out include it.

 

I see what you mean regarding the 822,

DWP confirmed thats when payment would be made on info sheet,

if I paid tomorrow come monday we would be in credit by that amount.

 

included the Judgement order from May's hearing,

FOS info,

and offer to pay off arrears providing true figure can be given.

[Ell-enn]

Do you have a copy of what you wrote that you could post? (you can pm if you prefer).

[survivor_13]

Angel has copies, Il call her and ask her to post.

[angel_1]

hiya ellen

 

got a call from survivor doing you a pm now cheers angel x

 

then you can chat directly with survivor as i have to go out for a bit will be back later and will then relog in

 

thanks for your huge help and others too angel x

 

Just sent,,,,,,,,

Edited October 7, 2009 by angel_1

[angel_1]

hiya survivor

 

done as requested, off now catch up all laters angel x

 

good luck

[jansus]

What date is your Oct payment due ? is that being paid directly by DWP?

[survivor_13]

Hi jansus,

 

Its due on the 30th October, yes it is.