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

[Lea_HTH]

You are not obliged to provide the mortgagee with an income and expenditure form unless the court have ordered you to do so.

[Lea_HTH]

It looks okay.

 

However, what was the unexpected bill?

Unless it was something of drastic importance - e.g. boiler repair, then don't expect the judge to be particularly sympathetic towards it.

 

However, the plus side is that you've brought your order up to date, so the judge should suspend the warrant on the basis that something specific occurred, but you are now able to continue payments, and in fact increase them slightly.

 

With regards to the arrears figure, you absolutely need to draw this to the judge's attention.

Once an agreement is in place, particularly a court ordered agreement, the mortgagee is no longer able to add additional charges to the account (unless of course payments were missed etc).

 

Your arrears figure should reflect the payments made against it

- but expect them to state that during the time you missed payments they had additional costs.

BUT these costs should not be included as 'arrears'.

 

It is unlikely that the rep the mortgagee will send to the hearing will have any details about charges etc,

however, you can ask the judge to direct that they supply you with a complete breakdown of the arrears by a given date (ask for it to be supplied to you in 14 days).

 

You must also mention that you tried to pay and the payment was returned (bring proof to the court).

 

I think you stand a very good chance of having the warrant stayed as you have brought your agreement up to date.

Things happen unexpectedly and judges are more than aware of that.

 

Unless people are wantonly not paying their mortgage, judges aren't too quick to give possession to the mortgagee.

So long as you will clear the arrears in the lifetime of the mortgage term, you should be all right.

 

Good luck!

[Lea_HTH]

If you're married, then you have what are called home rights, which means that the mortgagee has to inform you of any action they take. In some instances, home rights that existed before the mortgage was taken out, means that your home rights supersede the mortgage charge...which means your share in any beneficial interest has to be accounted for first. They can't simply ignore you because you aren't named on the mortgage.

 

If you're not married, then they are probably just covering all bases by including you because they know you live there.