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

[on*the*case]

Your lender is obliged to show you on request,

any third party invoices,

and the FSA has ruled it 'as unfair' if your lender then adds their own margin to this.

 

 

So for example on Solictors costs, only the actual cost can be added to the account.

[survivor_13]

Thanks on the case,

 

Il use that information as in the process of drafting letter to fax tomorrow morning to Mars capital.

 

BTW - I received our Warrant of Eviction at 12.30 today,

they are so efficient and on the ball,

eviction date set for 11th December 2009 @ 12.30, hand delivered

- didnt answer door tho.

 

I would appreciate any help possible with defence as this has to be watertight and strong,

please Ell-enn if you've got the time let me know your thoughts.

 

 

Spent the weekend thinking about the "hollow victory" remark made by the judge and I think I now got what he meant,

 

 

i think he was saying we can start the process all over again

ie. try to suspend the warrant and if that fails appeal again,

maybe thats what he was trying to say, who knows.

 

Im sending further info to the FOS and asking them to get there finger out

as we face losing our home,

i guess we've got to try everything.

 

Ok then guys signing out......

 

Take care all

Survivor

[on*the*case]

Survivor, what can I say......

 

I'm certain that Ell-enn will offer help. If you dont hear very quickly, use the report button to contact and alert the moderators.

 

Never Give Up

[michellej]

Hi ,.. been reading this case from the start , by you have put some fight up (& hats off to you ) sure you pull it off again as you definately seem to be a Survivor ,..

Edited November 28, 2009 by michellej

[nevos]

Hi Survivor, you must have nerves of steel!

 

Good Luck and keep at them..

[survivor_13]

Hiya All,

 

Getting paperwork together to sort out my defence.

 

 

Iev sent eviction notice etc to FOS, but havent heard since - we've still got time.

 

thanks for all your kind messages n support.

 

 

Not sure about the nerves of steel nevos but it aint over till its over right.

 

Will try and log on tmo.

 

Once again, thanks:)

[angel_1]

hiya all

 

on behalf of survivor

 

we need to do our defence this eve

 

we have written to mars requesting info on the breakdown of their charges, fees and solicitors fees

cheekily asked for copies of the invoices showing these amounts

 

we have updated Fos with other letter from mars,

advising us of the latest solicitors fees and charges,

plus a funny letter asking us to contact them or their solicitor to inform them of what amount we would be prepared to offer

 

we wrote back advising that we are already on a payment plan

and for them to advise us what they consider reasonable the amount they are seeking

and over what time period (in essence putting the ball back in their court)

 

the eviciton again is for the end of the week

-but we do not understand how as we have not failed in the payments from the dss

and our own small monthly amount plus the agreed extra amount for the arrears they are and can still persue this in a eviction

 

especially when the judge at the last hearing told us do not miss any payments and that it was a hollow victory for the claimant

how and why should they attempt to evict us yet again????

 

what do we put into our defense kind caggers again we need a direction to put this forward yet again for our defense

 

cheers look foward to your comments

- will look in again around 5pm to see if you have questions you need answering which i will try to answer on behalf of survivor

(they are having internet problems still)

 

cheers for now laters angel and thanks for looking in again x

[Desperate Daniella]

Hi angel,

 

Please give survivor a big hug from me and tell her I am thinking of them.

 

I don't have the expertise to advise here, but I expect Ell-enn will be along soon.

 

DDxx

[angel_1]

thanks daniela

 

im waiting to see if survivor comes tonight or if coming here now tomorrow morning, as we need to get this in by tomorrow latest i think it is

 

thanks for checking in, cheers angel x:)

[angel_1]

hiya all

 

looks like its the morning now to get the stuff done

 

mind you we are sure to put it all together just am a bit worried now because not really sure what else we can put in other than what is happening now with the payments and that we still havent had clear and accurate figures for the true arrears figure

 

Mind you not sure what the post has delivered today at survivors house as not got to talk with them this eve

 

if anyone can view and see what you can advise us much appreciated

- anything else other than what i posted on my posts

 

cheer s and nite nite, will look in first thing early morning thanks angel x

[ukaviator]

Hi just seen this thread.

 

Angel1 / Survivor i see you are employed?

 

Your company may lend you the arrears money to be paid back out of your wages, you would need to speak to HR and see if they will help. Even half of the arrears maybe enough to swing this your way.

 

I have used this route with my company with 2 people in dire need of help. The company gave them interest free loans, payments taken out of their wages at a rate they could afford.

 

Sorry i haven't read the whole thread as i am at work with little time.

[angel_1]

thank you ukaviator for your post

 

unfortunately,

the actual mortgagee is the partner of survivor and now is unemployed and the interest payment of the mortgage is being paid by the dss

(survivor is working part time but is not on the mortgage, however she does work for a large organisation

- its a possibility we had not even thought or knew about, worth a shot to speak with HR for this )

 

so huge thanks

 

laters angel x

[angel_1]

Thank you on the case

 

we will give you some time to read our thread first thanks for your help

 

we will await for your kind resonce.

 

survivor and angel x

[on*the*case]

hiya on the case

can you help us please this morning at all trying to get our defense int and what your last post has said about the arrears are not to include the charges, we are facing this they do, where is the legislation that we can use to seperate the arrears from the charges, and make this part of our defence pls

survivor_13 and angel_1

 

Right regarding the arrears,

 

As I have always understood it, the actual arrears of Mortgage Payment is the difference between the total of the contracted monthly payment and the actual amount that you have paid.

 

So as an example your monthly mortgage payment is £100 per month (disregard any extra amounts agreed towards arrears) so in a year you should £1,200 but you miss three payments, so your actual arrears are £300.

 

Now the trick they pull is to add all the various fees and charges for being in arrears to the actual arrears figure.

As an example in month one of the arrears they charge you £30 for 'arrears management' you then make two normal payments and miss a payment, however you will have been charged £30 every month that you have been in arrears. So you miss 3 payments over 12 months but find that the claimed arrears are £300 plus 12x£30 £660.

To further confuse they will describe the £660 as payment shortfall or something similar.

 

Now your mortgage deed will contain a clause that allows the lender to collect any costs and charges, and they will try and argue that this turns them into arrears, not so.

 

The next trick is to apply any payments to paying the charges first and then the actual mortgage, this how people are puzzled to discover that they have been paying faithfully towards their arrears and yet the arrears have not gone down, or in some cases actually increased.

 

There is also the question of whether the charges are fair, but thats for another time.

 

If you say to the Judge that you disagree with the arrears claimed and that it appears to contain charges and costs, also that you have had difficulty working out the actual 'arrears of mortgage payments' because of the confusing way it is presented, then the Judge may, as he did in my case, order the Lender to provide a 'Full Statement of Account' to the court.

 

So the actual mortgage arrears are the difference between the mortgage payment due each month, and the actual amount paid each month.

[angel_1]

thank you for getting back to us on the case

 

its exactly how you have explained it that we have been trying to get them to only request the true mortgage arrears and not to include the charges but they continue to put the charges into the figure they present on all their documents

 

we feel that the charges and fees should be added to the mortgage capital and the arrears to be paid with the 150.00 we are paying as ordered by the judge in the may 09 hearing

 

but we thought there was legislation showing that only the arrears on the mortgage missed payments should be reflected in any eviction amount, there is still 20 years left on the mortgage

 

but its how do we show this again when we have never been given a breakdown of each charge, fee, and solicitors payments, we have asked for this on numerous occasions and still not been given the info so we have been working just on the mortgage account summary, for the last 12 months

 

thus we take away their charges from the total amount they claim and then this leaves us with what we believe as our true mortgage arrears.

 

we are going to complete the forms now - but we are concerned that this is now our 7 suspend eviction request

 

cheers survivor and angel

[on*the*case]

You are absolutely right in that the money you pay each month should first be applied to reducing the actual mortgage arrears and not the costs and charges. I believe it is in the FSA rules somewhere, give them a quick ring.

 

The Lender wants to present their case in their best interest, so inflating the arrears serves that purpose:mad:

Explain all to the Judge.

 

Dont worry about it being the 7th time each time is heard on its merits.

 

Good luck

 

I have go out now but will be back about 4.

[angel_1]

thanks again on the case

 

we are calling fsa now as on the moneymadeclear info - it states arrears are the monthly mortgage payment for each month that is needed to pay

 

the contracted amount that needs to be paid monthly

 

so we are now talking with the consumer team at the FSA

 

will update you in a bit

 

x

[angel_1]

hiya all

 

not sure if anyone is about to help pls

 

survivor is at the local court to hand in the n244 form to fight the eviction and now is being told that since we had a previous appeal done in the higher court, her defence cannot be heard in the local court and has to go to the higher higher court for a hearing!

 

we are not sure of this anyone can throw any light?

 

we are not appealing the appeal of last time we are trying to suspend this new eviction order we have received

 

the woman at the court is awaiting on the higher court to call them back

 

survivor is really worried now because the solcitor we had last time didnt tell her that any further defences to any eviciton orders would need to be processed at a higher court - in fact the judge only said to keep up with the payments

 

so would appreciate your thoughts on this , understand that perhaps Ellen is out of the vicinty for a quick reply but anyone else can reply much appreciated

 

cheers angel x

[on*the*case]

Thats a curved one and I cant help, my instinctive thought is that the eviction needs to stopped in the court that has jurisdiction over the bailiffs.

 

You do need a definitive answer from someone who knows.

 

If no answer by early evening alert the site team.

[angel_1]

thank you so much for your thoughts on the case

 

its surprised us too

 

the last appeal was in the high court -

[on*the*case]

Has the county court office confirmed that they dont have jurisdiction?

Do you know where the nearest High Court is? There is still time for an emergency application, and they will hear a litigant in person, just a bit more scary.

 

Ell-enn has been on site this pm, wait for a while and then notify the site team.

[MARTIN3030]

Report acknowledged and flagged for team.

[angel_1]

hiya all

 

thank you so very much for your help - can update you all in about half an hour after collecting forms from local court has to go to quite a higher court in a city near us

 

bear with me and i will get some more info from survivor

 

cheers for looking in much appreciated

 

laters angel x

[Ell-enn]

Hi there, surely your application to suspend eviction should be heard in the court which issued the eviction notice, and as On the Case said, the same court where the bailiffs would execute the eviction warrant ?

 

You're not asking for a hearing to appeal the higher court decision - you're asking for a hearing to suspend an eviction notice.

[angel_1]

hiya all

 

a bit of an update

 

i actually went to the local court where survivor had tried earlier to put in her n244 form to defend the warrant of eviction

 

There she got told that as it was previously appealed it now has to go to a higher court -

 

when i went to collect the forms

 

i asked and was told that since the previous eviction order was not suspended but The Application to suspend the possession was dismissed on the hearing of the 7.10.09 an emergency appeal was then requested

 

 

this was attempted on the 8.10.09 but this equated that the judge asked for an adjournmen

t - then adjourned til the 13.10.09 - (( the Eviction date was the 9.10.09))

 

on the 13.10.09 it was ordered that

 

1- The warrant be adjourned on payment of current monthly installment as and when it falls due, plus the 150.00 per calandar month towards the arrears and charges of xxxx first payment of additional amount by 30.10.09.

 

2 -The court directs that a transcript be prepared of DJ xxx of 8.10.09 by 6.11.09

 

3. matter to be relisted on the first open date after 9.11.09 before a Circuit Judge at City county court time est 45mins.

 

4. costs reserved.

****************************************

 

Now the forms we are being asked to complete is headed as

 

Appellant's notice (All apeals except small claims track appeals).

 

Seciton 1 - Details of the claim or case you are appealing against.

The form at the bottom is N161 Appellant's notice

 

 

**************

 

survivor is here with me now - looking for the eviction order to look at the paperwork

Edited December 8, 2009 by angel_1