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

[survivor_13]

Thanks dx100uk. I have all the dates and will proceed tomorrow.

[survivor_13]

Hi dx100uk,

 

I have completed charges spreadsheet and will forward tomorrow.

 

 

However due to not sending I&R form with supporting documents the company is threatening legal action.

What are my reasons for not sending information requested??

 

S13

[dx100uk]

none of their business ignore the threats

 

 

upload the XLS here

and you need a covering letter too.

[dx100uk]

who at Hurstanger?

 

 

dx

[survivor_13]

Yes.

 

Is there a standard template letter for reclaiming charges.

[survivor_13]

Another threatening letter has arrived. I would appreciate advice on covering letter to accompany charges spreadsheet.

 

Thanks

S13

[dx100uk]

in the library already

mortgage section

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges-**Correct-as-at-October-2013**

[survivor_13]

Hi All,

 

Struggling to upload spreadsheet sent however I have received a prompt reply from the company. I will advise later.

 

Thanks

S13

[dx100uk]

go advanced bottom left of post quick reply box

manage attachments

[survivor_13]

OUR ADDRESS HERE

 

10th October 2016

 

 

Hurstanger Limited Financiers

Suite 44,

Business Innovation Centre

Binley Business Park

Harry Weston Road

Coventry

CV3 2TX

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxx

 

I am writing to ask you to refund the charges which you charged to my account in respect of late payment fees to the sum of £ 7182.90. I now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations, which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

 

I would like to bring your attention to the following statement by The Office of Fair Trading:

 

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

 

I believe that the charges you have levied of £7182.90 far exceeds any true cost to yourself as a result of my breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches and provide me with documentation to support this, in order to reassure me that your charges really do reflect your costs.

 

Thus I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a company such as yours with dedicated staff.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

 

 

 

Xxxxxxx

 

 

 

Enc. Spreadsheet of Charges

[dx100uk]

no harm in leaving their address nor amount.

[survivor_13]

Hi dx100uk,

 

Its been quite manic recently with the mortgage provider and secured loan company.

After sending reclaim spreadsheet and letter I received a statement from the company for a year statement Oct 15-Oct 16.

I take it this has no relevance to my claim.

 

Regarding mortgage provider

after month's of pursuing for a reasonable full and final settlement figure they have now issued an eviction notice dated 4th October 2016 posted on the 13th received on the 14th for 27th October 2016.

 

 

I am now in the process of completing figures for reclaim to send and also attach to particulars of claim once completed.

 

I will need Ell-enn's help and advice hopefully I'll be able to upload these figures without them disappearing from the spreadsheet. Been up since 4AM working on this I'll crack on.

 

Regards

S13

[Ell-enn]

Hi - I'm at work at the moment with little time to read through all the pages but I'm assuming they're trying to evict you for non payment of fees and charges ?

[survivor_13]

Hi Ell-enn,

 

I am not currently being evicted by the aforementioned company for fees and charges

however I am reclaiming unauthorised charges and am sure they will be next in line to pursue.

 

The eviction notice is from Pepper UK/Engage Credit due to arrears.

I am also in the process of reclaiming unauthorised charges

I will affixed as part of my witness statement.

 

I have completed the N244 Form and Budget Sheet.

However, I may need assisting with my statement as may need tweaking.

 

 

Please find to follow below:-

 

STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing my application.

 

The arrears arose due to temporary loss of employment when the company that I rented my Hackney Carriage Taxi from sold their fleet of Taxis. This left me without a vehicle to work.

 

I have recently applied and received my Private Hire Taxi Badge and have resumed work.

I am now confident that I can maintain payment of £75.00 per month towards the arrears in addition to the the contractual monthly payment.

 

The arrears should be cleared within a reasonable timescale of 51 months dependent on the true figure of the arrears amount.

(Please see affixed Income and Expenditure Statement)

 

I am also at a loss in understanding my arrears figure .

To date I have paid 38 payments of £50.00 = £1900.00

however this does not reflect in my mortgage balance. I

 

 

am also in the process of reclaiming unfair charges to my mortgage account in the amount of £7726.52.

 

I have liased with Engage Credit via letters and telephone calls regarding an offer of a true full and final settlement figure as my partner is in the process of securing a mortgage for the property.

 

 

They replied turning down the amount offered and forwarded redemption amount.

(Please see affixed letters sent to Engage Credit)

 

Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester V Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970.

 

There is one dependant child resident in the property aged 12 years old.

 

I assure the court I am committed to clearing the arrears and respectfully ask that the eviction be suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in this climate.

 

I believe the above to be true and factual.

 

Thanks

S13

[survivor_13]

Hi Ell-enn,

 

I'm heading to the library for 9.30 to complete and print documents. The court's opening hours are 10-2pm today.

 

I await your reply.

 

Thanks

 

S13

[Ell-enn]

Hi, just a tweak to the 3rd paragraph :

 

I am unable to reconcile the arrears figure the Claimant pleads - I have maintained payments of £50 towards the arrears for 38 months which gives a total of £1,900, however the arrears figure the Claimant has stated does not reflect this. I believe the Claimant is using the arrears payment of £50 to offset their monthly arrears charges, and not applying it to reduce the arrears balance. I have submitted a claim for refund of these excessive charges which total £7,726.52

[survivor_13]

Hi Ell-enn,

 

Thanks for tweaking, I'll amend asap. Currently at library getting sorting.

 

S13

[survivor_13]

Hi All,

 

Hearing is scheduled for tomorrow morning.

 

Been pursued by field agent had two visits last week letters left.

 

 

In the process of sorting my notes for court and still unsure whether to focus solely on asking for more time to get mortgage finalised to pay in full and if so how do I ask the court to consider this.

 

ANY ADVICE WOULD BE GREATLY APPRECIATED.

 

Thanks

S13

[survivor_13]

Hi All,

 

Still awaiting advice. Should I ask for the order to be suspended or postpone until mortgage in place or for it to be set aside. I really would appreciate some help with getting prepared for tomorrow.

 

Thanks

 

S13

[honeybee13]

Hi All,

 

Still awaiting advice. Should I ask for the order to be suspended or postpone until mortgage in place or for it to be set aside. I really would appreciate some help with getting prepared for tomorrow.

 

Thanks

 

S13

 

Hello there. I've flagged your posts for site team attention.

 

Best, HB

[survivor_13]

Thanks Honeybee.

[dx100uk]

IMHO I would make a big deal about the level of unlawful fees and what these represent toward the total of the outstanding balance.

[survivor_13]

Thanks dx100uk,

 

Was unsure whether to make a fuss based on that as Ell-enn had commented in another thread that excessive charges was for another hearing not possession order.

[slick132]

If you take the chance to tell the judge you are looking to remortgage to end the current relationship with the claimant; and to reclaim unfair default charges from the previous mortgage co. that were unfairly charged, you can do no harm.

 

If you can mention these items briefly, all you want to do is buy yourself a little more time.

 

It's up to the judge to take note or reject the issues.

 

Best wishes for the hearing ...........

 

[dx100uk]

note : we have NOT seen your spreadsheet yet!!

 

 

i'm gonna take a punt

and suggest you INCLUDE

the following in the sheet

let them workout they are not reclaimable...

 

 

TT Transfer - £65.00 - include

Arrears Fees - £30 x 30 Fees = £900.00 - include

Arrears Fees - £35.00 x 57 Fees = £1995 - include

Letter - £25 x 8 = £200 - include

Instruct Sols - £125.00 - include

Arrange Hearing - £100.00 - include

Arrange Warrant - £125.00 x 4 = £500.00 - include

RP & Co Solicitors - £2159.88 - include

Locks & Bolts - £520.00 - include

Charging Order - £50.00 - include

RD Cheque - £35.00 - include

mortgage Exit Fee - £175.00 - include

 

 

some of these you already must have

but put the others into the sheet

and include the latest visit fees too

you might have to ring the fleecers and ask them for the figures