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

[Ell-enn]

Hi Angel, I'll have a look in on the thread when I get home from work this evening and see if I can help in any way

 

Ell

[Ell-enn]

Hi there, if the mortgage is in joint names then you are both equally responsible for payments and therefore joint incomes need to be calculated until such time as you are able to take the mortgage on your own.

 

If you believe that monthly arrears charges and legal costs have been included in the arrears amount quoted then you must bring that to the court's attention as you can claim they are making the arrears situation look worse than it is. You can only be in arrears with contractual installments, you cannot be in arrears with "penalty" charges!

 

If you are able to prove that you can make the monthly installment and an amount towards the arrears (you may need to attach copy wage slips etc) then I cannot see how you wouldn't get a suspension of the eviction. You will also need to show proof of the payments made in Ja, Feb & March.

 

If you need help with the statement for Q.10 of the form, just shout.

 

Ell

[Ell-enn]

Hi, if the mortgage is in your partner's name and you live with him then you need to add your contribution to the household income. Make sure that what you are offering towards the arrears each month is the amount left over after everything has been paid.

 

There is no need to mention anything about financial disassociation - it hasn't happened to it's not relevant.

 

Also, you most definitely need to bring to the court's attention that the arrears total quoted by the lender includes monthly arrears charges and legal costs and therefore they have tried to make the arrears look worse than they are.

 

Are you OK with a statement for Q.10 of the form?

 

Ell

[Ell-enn]

OK, affixed is a draft (template) for a statement to go with the N244. In the box at Q10 tick "Attached Witness Statement".

 

I have included a few of the points from your posts, you can then add any other points Where possible you should try to keep the statement on one page. When affixing any other documents referred to in the statement you should write the claim number on the top of each document.

 

Shout if you need further help.

 

Ell

Angel1 N244 Statement.doc

[Ell-enn]

Hi, your answer to the fact that the takeaway business income is not guaranteed is ..... that your OH should be congratulated, not criticised, for using his initiative and seizing the opportunity to increase his income which would ultimately allow him to address his arrears situation!

 

Failing that, just give the lender's brief a dry slap to shut him up

 

Nite Nite

 

Ell

[Ell-enn]

Hi there, I'll take a look if you scan it up:)- (don't put case number or names in it)

[Ell-enn]

Hi there,

 

1st paragraph - suggest "slowing down" not "slowed down"

 

You could perhaps include "by deducting the arrears charges from the £100 I have been paying towards the arrears, the Claimant is frustrating my attempts to reduce the arrears, thus prolonging the arrears situation for their financial benefit"

 

Ellx

[Ell-enn]

Yes, the rest looks fine to me. Do try to keep the statement on one page if at all possible.

 

Also, any appendices need to be referred to in the statement as "please see affixed appendix 1 or 2 or 3" etc. you then need to write the claim number on the top left hand corner of these appendices and the relevant appendix number on the top right hand corner.

 

Once you have assembled it all in order, take a photocopy before stapling the pack for court as you will need a copy to refer to at the hearing.

 

Ell

[Ell-enn]

Good luck and stay positive

[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

[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

[Ell-enn]

Hi there, I'm at work at the moment but can try and help you later this evening (probably after 9pm though).

[Ell-enn]

Hi there, as I understood it, the judge wanted to see what the income was from the takeaway so he could see if you would be able to afford the repayments going forward. What about bank statements or till receipts - you need to prove what you put in the budget sheet.

 

Ell

[Ell-enn]

Hi Sorry, I misunderstood the info in Post 70, I thought the solicitor advised you to take info on the take away business...

 

Ell

[Ell-enn]

If you don't receive the information before the hearing, all you can do is tell the judge that the lender hasn't provided it. They may of course have provided it to the court and not sent it to you (yet!). It could turn up in the post on the morning of the hearing, but you may not be there to get it.

 

You could always ring the court tomorrow afternoon and ask if the lender has filed the information needed for the hearing.

[Ell-enn]

The judge ordered the lender to supply the information for the hearing in order for him to decide if you were correct in your statement that the arrears figure was incorrect. It is their information he wants to see. You need to take along any documents showing the arrears amount which includes the charges.

 

Do you have the signature receipt printed off the Royalmail website for the letter you sent asking the lender for the info? You will need to take that to court with you to prove they received it as they may say they didn't:rolleyes:

[Ell-enn]

Your calculation should only be - payments made minus payments missed, anything else is irrelevant.

 

Add up all payments made then add up all payments missed. Deduct one from the other = your arrears

 

Remember to add any payments made since the date of the statement you have.

 

Have you done this yet? what figure do you get?

 

Re what their solicitor said

- he's correct in that it might state in the mortgage conditions that they can add charges to your account for late payment etc.

 

BUT they cannot be added to the arrears amount.

 

 

Charges are a separate issue - I repeat - you cannot be in arrears with penalty charges!!

The most important thing for tomorrow is that you show the arrears are lower than what they claim because they have added the charges.

[Ell-enn]

You need to take all the documentary evidence you can i.e.

 

Your calculation of the arrears showing it to be lower - use a highlighter pen on each payment made and write the total underneath. Do the same for each charge and write the total underneath.

 

Copy of DWP info regarding claim for mortgage payment for the period you mentioned.

 

Proof of income (from accountant?)

 

Use the previous statement as a template for this one and list each item as a separate bullet point and refer to the relevant attached document with an Appendix number.

 

The first sentence should be: "I wish to bring to the court's attention the following: " and then list as above.

 

Shout if you want help with it, although it may be later today when I am able to help.

[Ell-enn]

You need to include all contributions to the household income

[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.

[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?

[Ell-enn]

Hi there, I can help you with the N244 defence. It will be later this evening when I get home from work.

 

Do you have a N244 form? I can affix one for you if need be.

 

Ell

[Ell-enn]

OK,

N244 form affixed and these are the instructions for completing the rest of the form (except Q.10 - which we will do the statement for tonight).

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

Hi there, what we need is:

 

The most recent statement showing the arrears and charges

 

The letter from the DWP advising what they are going to be paying in September.

 

Letter showing case number with FOS

 

Copy of the judge's order from the previous hearing

 

Take a copy of the statement and mark the charges

- either circle them or use a highlighter pen.

 

 

Add up all the charges and write Total Charges = £XXXX at the bottom of the statement.

 

 

Then write Total Arrears = £XXX .

 

There was a payment arrangement made at the last hearing?

has that been kept?

n244_e.pdf

[Ell-enn]

Hi there, sorry for delay. I will have time tomorrow to help you, I've got visitors this evening and am just checking in when they're not looking

I'll look in in the morning and we can set a time to do the statement - is that OK?

[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?