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

[survivor_13]

Makes sense, once again thanks.

[survivor_13]

Received a call from lender on Christmas Eve apparently they have been trying to get in touch

and unable to make contact even though we stipulated all contact should be made in writing.

 

Did not entertain a conversation and highlighted it was a "Christmas Eve" advised to sent us a letter.

 

S13

[survivor_13]

Hi All,

 

Hoping to start 2013 as I mean to go on and require some help and advice in doing so.

 

Firstly, I made payment to the mortgage company on the 24th December 2012 and the payment was returned to my account on the 28th.

 

I resent payment but what happens if it is returned again??

 

I double checked account details and they are correct as on my payee list and have paid via this method for the last 12 months.

 

Can they refuse my payment considering they are taking me to court for non-payment???

 

1. Am I obliged to fill in an Income & Expenditure Form attached with documents to support

as I feel 2012 was dominated with this constant need for us complete one even though one was provided for the court hearing.

 

2. OH is the mortgagor and I have 3rd Party Access on the mortgage.

I have a registered interest on the property.

I had a conversation with the Account Manager about our desire to get a new mortgage and pay off the existing loan, this was in August 2012.

However I was told I would not be in a position to get a mortgage due to the arrears and I have a link with the property. IS THIS CORRECT????

 

3. OH claimed for his Mortgage Fees/Charges via the FOS in 2010 but was advised they were reasonable

and fair and was given a goodwill gesture of 500 pounds by the then mortgage company.

 

Can he still claim via the courts seeing that he accepted the offer.

How can I reclaim our charges via the courts, I am considering sending for the SARS on the 2nd January 2013. The debt has been sold on twice so who do we claim from?????

 

I would sincerely appreciate your help with this matter. Thanks

 

Kind Regards

 

S13

[survivor_13]

Hi Ell-enn,

 

Are you in a position to help with the advice needed, or able to point me in the right direction of someone who does PLEASE!!!

 

ANY ADVICE WOULD BE GREATLY APPRECIATED.

 

THANKS

S13

[citizenB]

I didnt think they were permitted to refuse payment ?

 

Did you speak with your bank to confirm it was the receiving bank that either refused/returned it ?

 

If it is their refusal to accept payment that puts you in breach of the order, then it wont look good for them if they decide to take things further. They must abide by your wishes to communicate in writing. Alternatively you could suggest a meeting at which you would want an independant witness from say Citizen's advice or a Legal clerk present ! That might make them buck up their ideas.

 

I think if you have already accepted a payment.. goodwill or not then you will be unable to make a further claim on the charges.

 

I am must admit to a bit of confusion. You say your Husband reclaimed his charges, is this not a joint mortgage ? or are there two independant mortgages on the property ?

[survivor_13]

Hi CitizenB,

 

Thanks for taking the time to respond, I really appreciate it.

The mortgage is in my OH name ONLY, I have TPA with the lender whereas I am able to speak to them.

I am registered as having an interested in the property.

This takes me back to my original question willl my application for a mortgage be affected by the arrears history on this mortgage even though I havent got a financilal link.

 

I will speak to the bank to get further clarity on the returned payment.

 

My OH accepted the payment via the FOS so we now cannot claim via the courts, IS THAT CORRECT????

 

Kind Regards

S13

[citizenB]

I have alerted Ellen to your query. I am sure she will look in as soon as she can.

[Ell-enn]

I think you need to determine what has happened to the payment before doing anything else. Have you contacted the bank?

[survivor_13]

Just spoken to the bank Ell-enn and they unable to clarify why the payment has been returned.

 

The payment has been returned as a transfer from the account number that I normally make the payment from.

 

The bank confirmed the account details are correct.

I guess that is there way to get me to contact them and to create further problems when we go to court.

 

I will be writing to them tonight and posting/faxing tomorrow. Should I send the payment AGAIN or find an alternative method.

 

Thanks

[Ell-enn]

Can you pay over the phone by debit card ?

[survivor_13]

Would prefer not to as once again its telephone contact and I would prefer not to.

I will have to sent a letter.

Could I make the payment over the counter at their bank.

Also how will this affect us as our payment due date is on the 1st of each month.

[Ell-enn]

I'm afraid that phoning them might be your only option - no need toget into discussions about anything other than making a payment. If the payment doesn't go through by internet banking then I don't expect that paying it over the bank counter will be any different. You just need to get a payment made and if that means phoning them then that's what needs to be done.

 

Who is the lender ?

[dx100uk]

you say this has been sold on 2/3 times

 

i think we need to start naming names here

 

and who has this morgage

who has had their hands on it in the passed

how far it goes back

and what other troubles have come along in its history.

 

if its been sold on

 

could this be the reason why your payment details are now in-correct?

 

dx

[survivor_13]

Thanks for your response. The mortgage was originally with Victoria Mortgages, then Mars Capital and now Engage Credit. I have written a letter to them regarding the returned payment and will endeavour to make the payment again tomorrow. If the payment is made over the counter at the bank, how can they return it to me via my bank when they should not have my account details on file in the 1st place.

 

Also any further clarity regarding an application for a mortgage based on what I was told by their Account Manager. I just need to know before I proceed.

 

The mortgage goes back 7 years. I last made a payment on the 1st December and there wasnt a problem with the payment. It was not rejected and it showed on our monthly statement from them. If the account details has changed they should have advised us of this in writing. They are just being awkward and wanting to show that we havent made a payment when they go for a Warrant of Eviction.

Edited January 3, 2013 by survivor_13

[survivor_13]

Is anyone able to help before I attempt to make this payment to the mortgage company today???

 

Also before i speak to my mortgage broker can anyone advise whether the arrears on this current mortgage will affect my mortgage application even though i have no financial link.

 

Any help would be appreciated

 

s13

[Ell-enn]

Survivor I really do think you should make the payment over the phone - it's the quickest and easiest way - I know you don't want to talk to them but sometimes you just have to take the bull by the horns. Also, if you have to defend an eviction order the judge might wonder why you didn't use the option of paying over the phone.

 

You haven't said who the lender is ?

[survivor_13]

The lender is Engage Credit. I listed this on my reply at 3.59 AM when you had asked previously. Hope that helps.

[Ell-enn]

Apologies for missing the detail in your post - I'm at work at the moment and can only look at the site when I have a few minutes to spare

[survivor_13]

No worries Ell-enn, just wanting to make my mortgage payment and cant understand why it has been refused and also what the implications of this will be. Would you mind if we could arrange a time when your online tonight for us to discuss this further.

 

I have made the payment over the counter at the bank today and faxed and posted a letter. I have several copies of the receipt.

 

Thanks for all your help, looking forward to communicating later.

 

Kind Regards

S13

[survivor_13]

Hi All,

 

Could really do with some help regarding the questions I had asked a couple of days ago. Can anyone help please.

 

 

Thanks

S13

[citizenB]

Is anyone able to help before I attempt to make this payment to the mortgage company today???

 

Also before i speak to my mortgage broker can anyone advise whether the arrears on this current mortgage will affect my mortgage application even though i have no financial link.

 

Any help would be appreciated

 

s13

 

Is this the question you want a response to ?

[survivor_13]

Hi All,

 

Hoping to start 2013 as I mean to go on and require some help and advice in doing so.

 

Firstly, I made payment to the mortgage company on the 24th December 2012 and the payment was returned to my account on the 28th.

 

I resent payment but what happens if it is returned again??

 

I double checked account details and they are correct as on my payee list and have paid via this method for the last 12 months.

 

Can they refuse my payment considering they are taking me to court for non-payment???

 

1. Am I obliged to fill in an Income & Expenditure Form attached with documents to support

as I feel 2012 was dominated with this constant need for us complete one even though one was provided for the court hearing.

 

2. OH is the mortgagor and I have 3rd Party Access on the mortgage.

I have a registered interest on the property.

I had a conversation with the Account Manager about our desire to get a new mortgage and pay off the existing loan, this was in August 2012.

However I was told I would not be in a position to get a mortgage due to the arrears and I have a link with the property. IS THIS CORRECT????

 

3. OH claimed for his Mortgage Fees/Charges via the FOS in 2010 but was advised they were reasonable

and fair and was given a goodwill gesture of 500 pounds by the then mortgage company.

 

Can he still claim via the courts seeing that he accepted the offer.

How can I reclaim our charges via the courts, I am considering sending for the SARS on the 2nd January 2013. The debt has been sold on twice so who do we claim from?????

 

I would sincerely appreciate your help with this matter. Thanks

 

Kind Regards

 

S13

 

 

The above questions please.

[citizenB]

Hi All,

 

Hoping to start 2013 as I mean to go on and require some help and advice in doing so.

 

Firstly, I made payment to the mortgage company on the 24th December 2012 and the payment was returned to my account on the 28th.

 

I resent payment but what happens if it is returned again?? If they are deliberately refusing payment in order to accrue arrears, then I think they will be in very hot water indeed.

 

I double checked account details and they are correct as on my payee list and have paid via this method for the last 12 months.

 

Can they refuse my payment considering they are taking me to court for non-payment??? - According to the OFT - they will take a very dim view of any creditor who refuses to accept payments

 

1. Am I obliged to fill in an Income & Expenditure Form attached with documents to support - If you have already provided one for the court then no, I dont think you are obliged to complete another one. However, these I&E forms are usually reviewed every 12 months.. so there might come a time when they require an update.

 

as I feel 2012 was dominated with this constant need for us complete one even though one was provided for the court hearing.

 

2. OH is the mortgagor and I have 3rd Party Access on the mortgage.

I have a registered interest on the property.

I had a conversation with the Account Manager about our desire to get a new mortgage and pay off the existing loan, this was in August 2012.

However I was told I would not be in a position to get a mortgage due to the arrears and I have a link with the property. IS THIS CORRECT???? Do you have a financial link ?

 

3. OH claimed for his Mortgage Fees/Charges via the FOS in 2010 but was advised they were reasonable

and fair and was given a goodwill gesture of 500 pounds by the then mortgage company.

 

Can he still claim via the courts seeing that he accepted the offer. Unless there were mega extenuating circumstances - that you were deliberately misled into believing the charges were fair, when you can prove they arent.. then I think you might have an uphill struggle.

 

How can I reclaim our charges via the courts, I am considering sending for the SARS on the 2nd January 2013. The debt has been sold on twice so who do we claim from????? You would claim from the company who levied the charges.

 

I would sincerely appreciate your help with this matter. Thanks

 

Kind Regards

 

S13

 

These are my opinions only.. Hopefully others will be able to offer more advice.

[survivor_13]

I found the information v.helpful, thanks a lot CITIZENB.

 

Regarding the questions asked:

 

The mortgage - NO I do not have a financial link as far as I am aware. I am not on the mortgage application, the mortgage is solely in his name, however I have a registered interest in the property so my name is linked to the property that way. This is the reason why I wanted to know if his mortgage arrears would affect my application as the account mgr stated it would. IS THIS SO????

 

I will look into the extenuating circumstances route as over the 7 years with 3 different lenders who sold the debt on the charges totalled almost 10 grand. Unsure whether I can hit all 3 as the first two filed bankruptcy, as far as I am aware it is the person that now owns the debt. IS THIS SO????

 

 

 

THANKS

S13

[citizenB]

If they are asking for the money which includes the charges, IMHO, then yes it is the current owner that you need to target.

 

I really do not understand financial linking. I suspect that yes, whilst you are linked with this other mortgage.. there will be damage done to your credit file.