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

[angel_1]

hiya sillygirl

 

thanks for that, but im not sure how we can get this certificate of satisfaction do we get that from the court if we show our receipts of payments?

 

or is this from the lender once they get all the payments?

[angel_1]

hiya sillygirl

 

but isnt this for a county court judgement?? i mean at court can we not have a more immediate closure ?

 

 

i think it may have been Ell-en mentioned something in the past about when the last arrears was fully paid off why we didnt put a stop to it then, but we didnt know that we could:x

 

but now i feel we can stop this right now but how????

[Ell-enn]

Hi there, when all the arrears are paid off you need to apply to the court to have the suspended possession cancelled. Howver, you will first need to get confirmation in writing from the lender that there are no arrears.

 

The best idea is to pay the arrears, then the next monthly payment. You can then write to the lender and ask for an up to date statement - this will show there are no arrears (it will also show all the charges;) ). You can then write to the court enclosing a copy of the statement asking for the suspended order to be cancelled.

 

Unfortunately the court will advise the lender of your request and they may oppose it in which case you would need to apply for a hearing in front of a judge to get it cancelled.

 

Then you go for getting the charges refunded !

 

 

Ell

[angel_1]

hiya Ellen

 

thank you that makes sense, so in theory we cannot just go to the court tomorrow to get it annulled - i was thinking if the arrears and charges are all paid off it would have been something the court did automatically on presenting the evidence of the payments made bacause then the eviction wouldnt need to take place anyway

 

but i can see your point that it makes sense to get the latest statement showing no more arrears

 

The charges are already with FOS on the complaint but they say may need at least 6 months for the case to be viewed!! arghhhhhhhh

 

cheers, its still a bit on the edge tonight but if we can raise all the money its something we need to persue certainly and again many thanks ,

 

i dont have paypal and i need to understand how i can make a donation to the site for all your help is there another way i was thinking of a bank transfer from my online banking

 

anyway i will look into that more over the weekend

 

nite nite to all cheers angel x

[Ell-enn]

Give Survivor my good luck wishes for tomorrow, I sincerely hope the money can be raised and paid in time. After all the trauma this year she deserves to have a worry free Xmas in her home.

 

And give yourself a well deserved pat on the back for being so supportive - she's very lucky to have you on her side

[sillygirl1]

I see Ell-enn has given you her expert advice, it is a good idea to get a statement as you can highlight all the charges and get them back - of course the company will 'remove the excess charges from your account, thereby reducing the balance' rather than sending you a cheque but if it is over a certain amount then you can claim for an interest rate drop as the refund might be over the 'threshold' for a capital repayment.

 

Basically in simple English they will refund themselves by reducing the amount owed, and then you ask them to lower the interest rate as your liability to them is greatly reduced....

 

Stitch them both ways and they won't be so keen to rush back to court should anything happen in the future, in fact I bet they were using the 'older' guidelines to rush this through rather than the newer court guidelines.

 

You might also ask the court for a copy of their mortgage repossession guidelines at the same time.

[survivor_13]

Hi Guys

 

Massive thank yous to all for your technical and moral support throughout this difficult period, we couldnt have come this far without CAG. Il be making a generous donation in the near future, however bit skint after having to find all that money at once to save our house.

 

Im still not sure whether a near missed repo or the actual is worst as going through all the motions and then being told late afternoon all the funds have now credited their account and you can pick up your keys from a local estate agent is quite bizarre i guess. Once I walked through the door I had no intentions of returning except to collect our belongings.....

 

Il just give you all an insight into our experience.......

 

The eviction was scheduled for 11am on 11 December 2009, the baliff arrived at 10.15, knocked the door and asked if he could come in as it was cold outside, I said no as we needed this time to ourselves before 11am. The funds was paid in at 10.30, at 10.45 I received a call from the mortgage company advising they had received some of the funds (3 thirds of it, may I add) however without the full amount the eviction would have to go ahead as scheduled. We were quite defiant as didnt pay funds to be evicted, advised we would speak to bank to see why funds hadnt credited.

 

By then it was 11am the baliff and his gang of merry men knocked our door to advised they needed to come in. I explained we had paid the money however there was a slight delay with the bank with the remaining small portion. His exact words were " I AM THE LAW, YOU COULD PAY A MILLION POUNDS TODAY YOU WILL STILL BE EVICTED". Thereafter, I told him the only way he would get us out was with a police escort and closed our door.

 

At 12.15pm the police arrived, we were on the phone to the bank and they could understand why there was a problem. The officers came in and told the baliff to wait in his car and give us some time. We then spoke to the mortgage company, the remaining funds hadnt credited, we showed him the banking receipts he advised he had them in his hand and all 3 added up to the total amount. They then promised if the funds was received by close of busines they would hand back the keys, this was confirmed with the officers, I wasnt holding my breath so we left the house.

 

Needless to say we got the call n got our keys back, however it just goes to show we could have paid all that money and because it hadnt credited there account before 11am, we could have lost the money and our home.

 

I am in now in the process of doing a few things after this experience:

 

1) Writing a letter of complaint to the baliffs office

 

2) Ensuring i keep up to date with my mortgage monthly payment

 

3) Sorting out my credit file so I can get a decent mortgage nxt time.

 

Iv also had the response back from FOS regarding charges on the mortgage account and they are not prepared to repay these. Il scan these out before the weeks out as unsure how to proceed now.

 

Once again, thanks for all your help:)

[Ell-enn]

Oh my goodness, what an ordeal for you ! I'm so pleased you got the right outcome and at least the police took an interest in your side of the story.

 

Well done for being so brave - I hope you managed to relax and enhoy your home over Xmas.

[underdog13]

Survivor, I am overjoyed for you and your family that you have managed to keep your home (that's what the courts et al seem to lose sight of - it is a home not just a house). I'd been wondering how you had got on; so great to hear you won.

 

As Ellen said, you have been through such an ordeal. Hope you had a wonderful christmas and new year after all you had been through. I trust you celebrated your hard won victory:)

 

Thank goodness you had a helpful policeman and that the funds cleared in time. I still can't believe the mortgage company didn't have to account fully for the sum they claimed.

[Desperate Daniella]

Survivor,

 

I am so happy that you kept your home and hope that you enjoyed your Christmas and New Year. You were probably still feeling like you had been hit by a sledgehammer.

 

What a b****** of a bailiff. Thank heavens that you got a nice policeman.

 

That Angel Dust is pretty good, isn't it.

 

Have a very happy 2010.

 

DDxxxxxxxxxxxxxxxxxx

[ohitsonlyme]

You need to change your name to winner now!!!

Well done and thanks for showing us all that no matter how hard the going gets that the secret to success is never never giving in.

 

Onlyme

[jansus]

So glad you are still in your home. What a fight though.

 

Sorry to hear about the charges refund - wonder why the FOs are taking this stand when other borrowers have had refunds.

 

Sounds like a campaign is sorely needed.

[Crapstone]

What a horrible thing to go through but I'm so glad you stuck it out and stood your ground. Well done!!

 

With a bit of time and effort I'm sure we can collectively dig up some dirt and get you back on a good footing to put them in their places.

 

Best wishes xxx

[survivor_13]

Hi Guys,

 

Really lovely to hear from you and yes Christmas was good, however looking forward to the NY was what I enjoyed most as moving forward I really want a better, happier 2010 for us all.

 

Hope I didnt confuse regarding the FOS - I received a letter from the mortgage company, their final resolution i guess stating the charges were fair and clearly they have no intention of repaying any charges so im going back to FOS to say I dont agree with there resolution. I have 8 wks in which to respond, Im probably down to four now.

 

If its ok, Il scan the info and hopefully Il be able to get some advise as how to reclaim the charges.

 

Thanks for your kind words, it means a lot

 

P.S Hi Onlyme - How are things with your case, have you managed to reach a full and final thats satisfactory. Hope all is well, been thinking of you

[ohitsonlyme]

Hi Onlyme - How are things with your case, have you managed to reach a full and final thats satisfactory. Hope all is well, been thinking of you

 

Mars have so far failed to reply to my witness statement/ defence as at the first hearing the solcitor hadnt rcieved my first defence which was along the lines of wrong arrears figure, I already had an agreement in place and not following precourt protocol

I spoke to them last week and they said they are still going for a suspended possession order and I am reducing the arrears monthlyWhihc I told them they were just throwing good money after bad as they wouldnt win it!!

 

Their business model is similar to DCA that buy bad debts they buy for a % of the O/S mortgage and then go for the jugular and reposses or no in our case but if you fancy a punt and ask them fora settlement figure you might be able to come out with some equity even at todays property prices You could either move home or maybe if possible remortgage or maybe rent and keep the cash difference if you went for it

 

No major worries about a rematch for me at this time and no date set

 

Well Done again

and thanks for your concern

 

Onlyme

[Crapstone]

Hi Guys,

 

Really lovely to hear from you and yes Christmas was good, however looking forward to the NY was what I enjoyed most as moving forward I really want a better, happier 2010 for us all.

 

Hope I didnt confuse regarding the FOS - I received a letter from the mortgage company, their final resolution i guess stating the charges were fair and clearly they have no intention of repaying any charges so im going back to FOS to say I dont agree with there resolution. I have 8 wks in which to respond, Im probably down to four now.

 

If its ok, Il scan the info and hopefully Il be able to get some advise as how to reclaim the charges.

 

 

 

Thanks for your kind words, it means a lot

 

P.S Hi Onlyme - How are things with your case, have you managed to reach a full and final thats satisfactory. Hope all is well, been thinking of you

 

Well they would say they are fair wouldn't they? Do as they do and leave it close to the deadlines to buy more time. You need to build up a good case and find as many errors as you can.

 

We all are ready to help as much as we can.

 

xx

[survivor_13]

Thanks Crapstone,

 

Il do just that, will keep you all posted. Recently got a letter from Mars to say we are £826.64 in arrears due to repo, ie locksmiths etc. The locksmith's job was disgraceful and after 5 days our yale lock failed to work resulting in locking us out of our home fortunately we were able to get in via another route. Il be requested a breakdown of the recent charges and asking for invoices for services rendered.

 

Take care n thanks once again:)

[survivor_13]

Hi Onlyme - How are things with your case, have you managed to reach a full and final thats satisfactory. Hope all is well, been thinking of you

 

Mars have so far failed to reply to my witness statement/ defence as at the first hearing the solcitor hadnt rcieved my first defence which was along the lines of wrong arrears figure, I already had an agreement in place and not following precourt protocol

I spoke to them last week and they said they are still going for a suspended possession order and I am reducing the arrears monthlyWhihc I told them they were just throwing good money after bad as they wouldnt win it!!

 

Their business model is similar to DCA that buy bad debts they buy for a % of the O/S mortgage and then go for the jugular and reposses or no in our case but if you fancy a punt and ask them fora settlement figure you might be able to come out with some equity even at todays property prices You could either move home or maybe if possible remortgage or maybe rent and keep the cash difference if you went for it

 

No major worries about a rematch for me at this time and no date set

 

Well Done again

and thanks for your concern

 

Onlyme

 

Im pleased to hear you've got the situ under control. Yes your summation of their principles of business sounds spot on. Im currently in the process of sorting my credit file and once achieved il be asking for a full n final if satisfactory il proceed with caution of course. Will keep you updated either way.

Take care and thanks as always for your input:)

 

S13

[Leakie]

Hi Survivor 13

Well you picked the right name,

I have just read the thread, what a roller coaster ride,

Glad you had a good christmas and I wish you a more peaceful new year.

I bet this has made you a stronger person,

but saying that many people would have given up long ago.

 

All the best

 

 

Leakie

[survivor_13]

Thanks Leakie,

 

True and sweet words. I have grown as a result of all this and I check and double check everything a lot more than I use to. The forum is a great place for technical and moral support. There were times when i felt like giving up however the forum give me that extra strength to keep fighting. once again thanks for your input

[burmafriday]

Hi

I hope you see my posting soon enough as I need some help with my problem. Basically, I missed the possession hearing and it was heard in my absence. The eviction date is set at 18 March. I just found the notice from the court by sheer luck.

I have read through this thread and some others, before posting here. I will start a new thread on this.

In my last letter to Bank of Scotland – only last week!! I requested a breakdown of the arrears and made an offer to them to repay at £ 1000 per month starting this month. (I also wrote to them 3 times since January) I will call them on Monday first thing, to establish the amount of the arrears.

Given that I now only have a few days to try and set aside the eviction order, what can I do.??

Also, I think the fact that I missed the hearing date reflects really badly on me.

Do I complete the form N224 or N244 – I do have a problem in substantiating my income as I am self employed. (having seen the N244 in this thread, i can pretty much prepare this, but the N224 is something I do not know how to complete)

Briefly, I got in arrears with my Bank of Scotland mortgage due to some serious sequence of events which happened more or less at the same time.

a) I was “blackmailed” by a programmer who worked for me, holding my software for ransom and it cost me quite a sum to settle with him. The consequence was it also set me back in its development.

b) My wife (“ex wife to be” as we are separated) had a breakdown as she was bullied at work and shortly after her return to work her employers made her redundant

c) She lives in Lancashire and I – in London and I had to go and help as we have two teenage children living with her.

d) Then my brother collapsed (he is unemployed and lives with me in London) with a brain haemorrhage. He was in a coma in intensive care – and I was trying to revive him after the doctors wrote him off.

e) My young son had been bunking school and was causing a lot of problems for my wife. My son then collapsed after downing a bottle of vodka. So I was travelling between London and Lancashire.

f) I did not receive the notices from the Bank of Scotland as I as away from home significantly and when I was back I was with my brother. I did not see any communications. I had been writing to the Bank of Scotland asking for a breakdown of the arrears and notified them of my brother’s dilemma but in the months of December and January I really was totally busy with the family dilemma.

g) I have an 88 year old Aunt – who is also living with me – who was totally devastated by my brother’s condition and all the other things that were happening at the same time. She said she picked up the mail and kept it for safe keeping for me but we cant find it – I’ve turned the house upside down looking for the mail. I think she must have thrown them out by mistake. I spent this entire weekend just trying to find the mail and reading the threads.

h) .The bottom line is I did not know that BOS have taken out a possession order and missed the hearing date.

i) The eviction date is 18 March and its 7th March today.

 

Please help

[Desperate Daniella]

Hi Burmafriday,

 

My God, you poor thing.

 

Start a new thread with the title of

 

URGENT HELP NEEDED - EVICTION ON 18TH MARCH

 

which will get attention. As soon as you have done that send a pm to Ell-enn who is absolutely wonderful on this stuff as you will see.

 

There are other people on this thread who are excellent too, so I'm sure it would be okay if you post a link to your new thread here, and people will help you.

 

Good luck - with the eviction and everything else.

 

DD

[burmafriday]

Hi DD

 

thanks I'll do that.

 

BF

[burmafriday]

Hi DD

 

you said

 

"send a pm to Ell-enn..."

 

Yes I hv read Ell-enn's contribution. Absolutely great!

 

but whats a "pm" and how do I do that?

I have listed a new post as per your suggestion

 

thanks BF

[burmafriday]

Hi DD

 

thanks - I hv figured it out.

sorry I am so new to this forum.

all the best/BF