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

[survivor_13]

Hi All,

 

Hope your all well.

 

Received a letter from the DWP recently regarding a reduction in the Mortgage Interest that they pay by almost £300.00. Went to CAB and they were a waste of time to be honest - they got me to do their job by calling the DWP who advised me to liase with my Mortgage Company. I was not best pleased as I prefer to communicate with the Mortgage company via written communication ALWAYS. I was advised on the phone that they would only be able to help if i put my house up for Sale immediately or applied for the Mortgage Rescue Scheme. What a load BULL**** all they are interested in is getting me out of my house any how any way. After paying them almost £67,000 over 5 yrs I have barely put a dent in the mortgage, so whos laughing all the way to the bank then.

 

They will be putting their offers in writing and I wait in earnest anticipation to see just how much they are prepared to HELP ME!!!!

 

Any advise would be greatly appreciated. I fear if not resolved then I face imminent eviction once AGAIN.

 

 

Kind Regards

Survivor

[Ell-enn]

What's the reason for the DWP reduction?

[survivor_13]

Hi Ell-enn,

 

Apparently, the DWP with effect from October is only prepared to pay the Bank of England base rate when helping with mortgage interest payments. If your interest rate is more than you have to pay the difference, part of the coalition government new plan to cut spending. Not sure hows its going to work as I am sure there will be a lot of repossesions resulting from this.

[survivor_13]

TO WHOM IT MAY CONCERN

 

For those who are aware and a heads up for those who aren't. The June 2010 budget made a change in SMI(Support for Mortgage Interest) up to 30 September it will be paid at a rate of 6.08% (as it has been from January 2009). From the 1st October the rate will be 3.67% (Bank of England averaged mortgage rate)

The new rate will only be reviewed every 3 months and will only change if the Bank of England average rate increases by more more than 0.5%, changes of less will not trigger a change.

 

 

Kind Regards

Survivor

[survivor_13]

hiya

 

need some advice as home owner claiming jsa and the mortgage provider has told the dwp that my mortgage has reduced by 10,000 pounds within the last year - they now require documents and details verifying how this has happened.

 

just to add my home was being repossessed by the mortgage provider and my family supported me with paying the arrears off or i would have been on the street

 

this money was paid direct to the mortgage provider and they are aware of this.

 

just another tactic to take my house away from me what can i do

 

jsa was being claimed during the dates they have specifsied

 

will try and link the thread of my repossession for you to get the background

http://www.consumeractiongroup.co.uk/forum/showthread.php?259091-Pls-Help-Potential-Repo-Again-For-Survivor_13...-Mars-Capital

 

 

cheers see above link and there is the original link at the start of that thread too

 

any help appreciated survivor

[ErikaPNP]

Hello, survivor.

 

I'm sorry but I'm not clear what your question is?

[survivor_13]

Hi Erika,

 

Thanks for promptly responding to my query. Sorry if I confused, the question was the DWP have sent me a letter enquiring how I have paid £10,000 off my mortgage while on Mortgage Support Interest

within a year. Basically the house was being repossessed last December and my family paid off the arrears direct to the Mortgage company. However they want documentation of how I done this ie. insurance policy/endownment.

Was I not suppose to get help from my family or should I have lost my home???

[andydd]

So you have been claiming MSI and I assume the DWP have been paying the interest part (formally at 6.08% and now at the new rate of 3 something %) ?

 

I assume that the interest being paid wasnt enough and that as you were falling in arrears the Mortgage Co. threatened repossession but family and friends stepped in to pay off the arrears ?

 

Did your family and friends actually pay £10,000 and did this money actually pay of £10,000 of arrears or capital or a bit of both ?

 

Andy

[Aviva]

It sounds like the mortgage company have informed the DWP of the money paid off but have not given details of how this was done. So, correctly the DWP are now questioning where the £10,000 came from as any income or savings of that amount would have affected your eligiblity for full JSA.

 

Surely you just need to write a letter stating that you did not pay off this money your family did and provide some supporting info from your family and the mortgage company.

[ErikaPNP]

As the others have stated, the DWP will be seeking to establish that you were in fact entitled to JSA for that period.

 

Income based JSA can be reduced or disallowed where there is income or capital above the thresholds. As the sum you have paid off on the capital of your mortgage that year is much in excess of what your JSA would have been, naturally this will raise a question of whether there is undeclared income or capital. In addition the sum paid is above the lower capital limit (though it's below the upper capital limit).

 

They are asking for information about the source of these funds as they are seeking to establish whether there was undeclared income/capital or whether there was income/capital that you have deprived yourself of in order to continue receiving JSA and the associated SMI.

 

As Aviva suggests information from both yourself and family members who paid the money should be sufficient. They may wish to see bank statements from you to ensure that you have not come into money that you simply haven't decalred and they may need to clarify the information. If for example, your family have paid the money on the understanding that it is a long term loan and you are to pay it back, they may want to know what the arrangements are for your repaying the money.

[survivor_13]

Thanks Guys,

 

V.informative i gathered that was the case however I feel as if the mortgage company is trying to find anyway possible to repossess even though we are currently in credit. Have now sent a letter to the DWP explaining all of this and letters from family will follow advising it was a loan to save the house fro repo. Thanks for your advice.

 

 

Kind Regards

Survivor

[leemack]

The mortgage company aren't trying to repossess. Your mortgage interest help is based on a formula that includes the total amount of outstanding mortgage. The mortgage company are required to periodically inform the DWP of the current outstanding mortgage. The DWP would automatically investigate any discrepancies. This isn't about your mortgage but your JSA entitlement as has been pointed out, as any income, lump sum etc can effect entitlement.

[survivor_13]

I am really worried about the impact that the reduction in DWP payment will have on mortgage account, since October 2010 my payment has reduced by £300.00 and i just cannot see a way of making up the remaining amount for the mortgage company. By the end of January 2011 I will be in a position where the mortgage company can start repossession proceedings due to the shortfall.

 

Just dont know what we are expected to do, can I write to the DWP appealing the decision if not where else is there to turn apart from losing homes we have tried so hard to save for the past couple of years.

 

Any help would be appreciated.

 

Kind Regards

Survivors

[survivor_13]

Hi All,

 

I have asked this question before but did not receive a response and really need to know the answer. My mortgage provider

constantly keeps pursuing me for an INCOME AND EXPENDITURE FORM. The most recent form which I did myself with the help of CAB was submitted in November, however my other half has changed employer and they reckon it is a change of circumstances and I need to complete another. DO I REALLY, THIS LOT ARE SO PERSISTENT.

 

I am sending a letter today and just wanted to know what my rights are in terms of this.

CAN ANYONE PLEASE HELP. THANKS

[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.

[survivor_13]

Hi All,

 

I am in the process of writing a letter to our mortgage provider and urgently need some advice.

 

We have recently had two visits from a "Field Agent" who has left two letters asking us to contact them within two days or they will visit AGAIN.

 

I am really struggling to understand why as we have received no correspondence advising us of an appointment/visit

and the time of day they have visited is midday/afternoon so we would be at work.

 

We have been sent an income/expenditure form which we are refusing to return as our circumstances having changed since going to court and getting a suspended order,

I have advised them of this in writing.

 

We are a month behind and will be making the payment on Friday.

 

My question is this are they allowed to do this without advising us of an appointment.

 

I have always stipulated all contact be in writing however we have not received a voicemail advising of this either.

 

ANY ADVICE WOULD BE GREATLY APPRECIATED.

 

THANKS

 

KIND REGARDS

S13

[Ell-enn]

Hi there, you do not need to engage with the field agent, you did not ask for an appointment with them and you should write to the lender letting them know you have no wish to discuss your account with them, nor do you expect to be charged for a visit you did not ask for or agree to.

 

If you need help with the letter, please let us know.

[survivor_13]

Hi Ell-enn,

 

Thanks for your prompt response. I would appreciate some help with the letter.

 

S13

[Ell-enn]

OK, will draft a letter. Might be an idea to ring the field agent and tell them you were not aware of them being asked to call, you did not request an appointment therefore you will not be engaging with them and a letter has been sent to the lender to that effect.

[survivor_13]

Hi Ell-enn,

 

Would really appreciate as soon as possible, as have come home to letters from Lenders solicitors

stating that we have failed to adhere to the terms of the Possession Order and therefore issued a Warrant of Possession.

 

They are now awaiting a Baliffs appointment to evict us from the property.

 

The letter was written on the 13th, posted on the 17th and we received it today.

 

With effect from tomorrow we are in a position to pay the one month's payment we are behind with.

DO YOU THINK IT IS ADVISABLE TO PAY considering the circumstances???

 

I WILL BE RECLAIMING ALL MY UNFAIR CHARGES AS A MATTER OF URGENCY ONCE THIS LETTER IS IN THE POST.

 

I just cannot get over how callous and cold-hearted these Lenders are, sending a letter of that nature 5 days before Christmas.

 

I am hoping to have this letter ready to FAX and POST in the morning.

 

Your help is greatly appreciated. Thanks

 

Kind Regards

S13

[Ell-enn]

Hi there, sorry for delay, I have been very busy at work - yes you should most defininately make payment tomorrow - will that bring the account up to date?

 

There is no way they will get an eviction warrant delivered until after the new year - I will try and get a letter done ths evening.

[survivor_13]

Yes it will in line with the Suspended Order. I appreciate how busy you are, I await your response. Thanks

 

S13

[Ell-enn]

Draft letter affixed - remember to send by recorded delivery and keep a copy for yourselves together with the postal receipt so you can check on the royalmail website to print of the proof of delivery.

[survivor_13]

Thanks Ell-enn,

 

Just finished completing letter, sending recorded post and faxing this morning.

 

Do you think I should include my request for a SARS or wait until after Christmas to write a letter specifically for this??

 

Kind Regards

S13

[Ell-enn]

I think I would wait till after Christmas for the SAR