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

[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.

[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!

[Crapstone]

Hi,

 

Keep it simple, pointing out the previous notes from the last judge.

 

Do what you have already done here and show that the maths doesn't add up,

the fees/charges are in dispute and the DSS payment will more than clear the actual arrears.

 

Try calling Community Legal Services and they should be able to put you through to a solicitor who can help or give advice on the phone.

 

Do make sure you put that complaint in and post up your draft letter.

 

 

Just keep it simple as judges quickly lose interest if anything is more than black and white.

[Crapstone]

FSA sets out major reforms for the mortgage market

 

The FSA have looked at the unfairness of charges on arrears when a payment plan is place and issued this statement on the 19th October for reforms.

 

Strangely enough I had a refund of my arrears charges that very day. No letter..just listed on a quarterly statement sent out a few days later. £3000 is hardly a small sum. Totally unexpected as the last letter we received, last response to a complaint, was adamant they were not going to budge on the charges. Pay up or else..as we'd defaulted on 2 payments since the suspended repo..despite the fact they failed to cash them

 

I've spoken to the company on the telephone..they insist it's just a review of our account for being so good at paying and as a result the charges were refunded. I doubt that very much ..

 

The GMAC case highlights how repossession should be a last resort and ALL other options have to be fully explored and exclude excessive charging.

 

I think the judges will be sitting up and taking notice of the charges added onto accounts and the circumstances of any repossession. I'll eat my OH's socks if they don't and trust me, you wouldn't want to go there.

[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

[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

[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.

[Crapstone]

Hi,

 

The arrears should only be what payments have been missed and NOT include any fees or charges.

 

 

The actual arrears amount (what you truly owe) can't be disputed at any time if they haven't been paid

BUT charges and fees can be.

As we have already seen,

people are now able to claim back charges that were once accepted as the norm and if the legal fees are unfair these too could be challenged but that's a case in itself for later as you have enough to deal with.

 

Concentrate on proving that you are able to keep to an agreement which will clear the arrears, which is the breach of the contract, not the sundries added.

 

Make sure you point out the fact that fees that have/or will be added only frustrate your position in being able to pay off the mortgage by its completion date.

 

If they haven't sent by now the arrears breakdown then you'll have little time to prepare unless you get it tomorrow am.

 

 

As your requested deadline has passed then I'd be putting the copy of your letter sent along with a letter for the judges attention that you are unable to make a full defence as the claimant has not complied with CPR pt 31.16.

 

Look through your SAR and see if you have anything that refers to their block building insurance or anything that refers to mortgagee.

 

 

Chances are you have been securitised but as it's so late in the day finding all the info you need for Monday is going to be difficult.

 

But it's still worth asking the question if the hearing is not adjourned as you have nothing to lose if it doesn't seem to be going your way.

 

 

Ask their solicitor if the mortgage has been securitised and what proof they have that the claimant is legally entitled to issue the proceedings and is still the mortgagee.

 

Even if Monday doesn't go so well it still won't be the end of it and even at the 11th hour it's still not too late to stop eviction. Everyone here is rooting for you and will do their best to help.

 

Best of luck

 

Crapstone

[Crapstone]

I have a vague idea who they will be.

 

 

We are already seeing the enforcement actions with GMAC ..

..and I've no doubt the high charges we've seen in the past will be dead and buried but will make banking, loans and mortgages more costly from the outset.