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

[Ell-enn]

Hi Angel, I'll have a look in on the thread when I get home from work this evening and see if I can help in any way

 

Ell

[angel_1]

hiya nevos - thanks for your post, always good to consider everything, so yes will look at this further this eve, thank you for looking in and posting much appreciated

 

also hiya Ell-enn - thank you too for looking in and yes please see you later

 

cheers angel x

[angel_1]

Hiya all

 

we are a bit puzzled why the judge didnt rule in our favour however when we did the defence on the n244 form, we stated i was being disassociated from my partner to get a chance of obtaining a mortgage in my sole name

 

Judge picked up on this and just zoomed in on this straightaway and said he was unable to put my earnings and partners together as we are financially disassociated.

 

For the budget sheet info, both of our salaries needs to be put on to ensure that we can sustain the payment for the future

 

How do we get around this?

 

Also - with regard to the discrepancies with arrears fees unable to get my head around this and need further clarification from yourselves

 

Should I include in the defense or bring it up on the day of the hearing?

 

Regarding Subject Access Report should I get this sent off tomorrow? Do you think it will hinder or help??

 

will be scanning up two letters -

 

one sent and their reply

 

 

http://i407.photobucket.com/albums/pp159/aquarian1964/1pagemarsletter.jpg

 

http://i407.photobucket.com/albums/pp159/aquarian1964/2pagemarsletter.jpg

 

and their reply

 

http://i407.photobucket.com/albums/pp159/aquarian1964/1replymarsletter.jpg

 

http://i407.photobucket.com/albums/pp159/aquarian1964/2replymarsletter.jpg

 

 

We wish to just advise that point 3, we made a typo error meant to read as "Add a homeowners arrears to the amount borrowed" however, we attached TCF with letter so had they read thoroughly would have understood,

Also on the second page of Our Letter we had put a sentence about Capitalising the arrears anyway but have chosen NOT to address this other point in our letter.

 

 

We would now need your advice for the best way going forward with limited time.

 

We thank you for you assistance

 

cheers survivor and angel,

 

laters x

Edited April 16, 2009 by angel_1

[Ell-enn]

Hi there, if the mortgage is in joint names then you are both equally responsible for payments and therefore joint incomes need to be calculated until such time as you are able to take the mortgage on your own.

 

If you believe that monthly arrears charges and legal costs have been included in the arrears amount quoted then you must bring that to the court's attention as you can claim they are making the arrears situation look worse than it is. You can only be in arrears with contractual installments, you cannot be in arrears with "penalty" charges!

 

If you are able to prove that you can make the monthly installment and an amount towards the arrears (you may need to attach copy wage slips etc) then I cannot see how you wouldn't get a suspension of the eviction. You will also need to show proof of the payments made in Ja, Feb & March.

 

If you need help with the statement for Q.10 of the form, just shout.

 

Ell

[angel_1]

hiya Ell

 

many thanks for quick reply

 

should have made it much clearer it is only a sole mortgage in partners name, i was trying to get a mortgage in my sole name but the disassociation hindered me

 

so would i be able to include my wages as other person living in the property?

 

i have just looked at arrears and charges on the statements previous years and they had been adding those to the arrears when we managed to clear the arrears last time last year in march.

 

for this time, the statement which is upto to feb 09

 

at the end of the statement it says

 

Outstanding fees as at end of last month,,,,,,,4487.28

Total arrears of end of last month (inclusive of fees) 9613.53

 

 

So it looks to us now they have been making the situation look far worse than it is, because of the fees, which dates back to jan 06

 

therefore we never knew about the charges fees, not having to be included, and they have, can we not appeal then with this new info

 

?????????

 

 

cheers for now await your replies many thanks survivor and angel x

[Ell-enn]

Hi, if the mortgage is in your partner's name and you live with him then you need to add your contribution to the household income. Make sure that what you are offering towards the arrears each month is the amount left over after everything has been paid.

 

There is no need to mention anything about financial disassociation - it hasn't happened to it's not relevant.

 

Also, you most definitely need to bring to the court's attention that the arrears total quoted by the lender includes monthly arrears charges and legal costs and therefore they have tried to make the arrears look worse than they are.

 

Are you OK with a statement for Q.10 of the form?

 

Ell

[angel_1]

hiya Ell

 

again thanks,,,

 

now we have understood we never even knew that the arrears should not include the charges, and solicitors fees etc otherwise would have put in our last defense, so thats good for now as a fresh going forward the amount of the arrears is clearly in dspute

 

we had mentioned the disassociation only in the last defence cos we wanted to show that i was attempting to get a mortgage in my sole name to pay off the mortgage which is in my partners sole name, but the association between us was causing problems, as i couldnt get a decent rate for a mortgage still being associated with him,,,,we have also put the house on the market as a seperate thing which we are trying all angels at the moment to tell you the truth

 

 

we could do with some help on the Q10 on the form pls

 

also worth doing the sars request or not you reckon? 10.00 wasted perhaps?

Edited April 16, 2009 by angel_1
edited to add about the sars request

[Ell-enn]

OK, affixed is a draft (template) for a statement to go with the N244. In the box at Q10 tick "Attached Witness Statement".

 

I have included a few of the points from your posts, you can then add any other points Where possible you should try to keep the statement on one page. When affixing any other documents referred to in the statement you should write the claim number on the top of each document.

 

Shout if you need further help.

 

Ell

Angel1 N244 Statement.doc

[angel_1]

hiya Ell

 

many thanks have printed off the statement and also the budget sheet and will enter full info tomorrow

 

one final question before we go - arrears occured due to the taxi business my partner was in slowed down and more people became taxi drivers, he has now set up a takeaway business within the last 2 months, the claimants solicitor honed in that the revenue from this business was not guarranteed and thus not stable how can we debate this better??

 

again will check in with you all tomorrow huge thanks ell you are truely inspirational to all you help

 

nite nite angel x and survivor

[Ell-enn]

Hi, your answer to the fact that the takeaway business income is not guaranteed is ..... that your OH should be congratulated, not criticised, for using his initiative and seizing the opportunity to increase his income which would ultimately allow him to address his arrears situation!

 

Failing that, just give the lender's brief a dry slap to shut him up

 

Nite Nite

 

Ell

[angel_1]

Thanks Ell

 

for all your help

 

we are just in a bit of a quandry about whether to put anywhere ie in the statement, that the house is currently on the market for sale, and if we get a buyer then we can pay off the mortgage.

 

When we went to court, in jan 09 the judge allowed two months for me to get a mortgage or to sell the house.

 

Mortgage failed but the house went up immediately for sale.

 

The judge once heard there was no mortgage immediately granted a possession order to the claimant.

 

This is why we are concerned in putting forward the option of the selling of the house. Its not what we ultimately want but to us its another option.

 

What do you guys all think??

 

cheers angel and survivor

[angel_1]

bumping up for any other info pls

 

we are now completing the n244 form and will take to court tomorrow morning,

 

we have on their statement for march 09 which is their

 

 

arrears without the fees is 4642.30

 

arrears with the fees 9229.58

 

thus the fees is 4587.28

 

*****

 

however in their latest letter which we scanned up in an earlier post

 

they claim as 9229.58 as the arrears balance

 

we are just confused by the different figures and we want to show the judge they have distorted and keep quoting the higher 9000+ plus but of course this includes the fees which should not be claimed as monthly mortgage payment arrears.

 

in our statement we wish to show this discrepancy

 

can we scan up and can someone take a quick peek?

 

we are working on this now let us know immediatley pls ta muchly

 

also now further payments for 3 last months upto date now. next payment due may

Edited April 19, 2009 by angel_1

[Ell-enn]

Hi there, I'll take a look if you scan it up:)- (don't put case number or names in it)

[angel_1]

okay ell many thanks,,,

 

bear with us,,,,a few more mins say about 15

 

am back

 

http://i407.photobucket.com/albums/pp159/aquarian1964/STATEMENTCOURT.jpg

 

 

we think we should include a breakdown as an apendix as something simple if you can help, our info as follows

 

so

 

arrears including fees included already the payment of jan of 1329.00 plus 100.00 towards arrears

 

but now having paid feb and march and april as given in the statement plus each month further 100.00

 

we find a figure of mortgage arrears really is 5035.44 less the 3 x 100.00 towards arrears and makes really our true arrears situation to date of 4735.44. plus their charges/fees of what we quoted in the statement 4537.28 but we also think they would add further march and april 50.00 each arrears fees totalling 4637.28

 

totalling figure 9372.72

 

await your comments pls ta

Edited April 19, 2009 by angel_1

[Ell-enn]

Hi there,

 

1st paragraph - suggest "slowing down" not "slowed down"

 

You could perhaps include "by deducting the arrears charges from the £100 I have been paying towards the arrears, the Claimant is frustrating my attempts to reduce the arrears, thus prolonging the arrears situation for their financial benefit"

 

Ellx

[angel_1]

hiya ell

 

we like that thanks,,,,,lovely

 

so okay to add a breakdown sheet as an appendix and do you reckon the rest of it is fine then?

[Ell-enn]

Yes, the rest looks fine to me. Do try to keep the statement on one page if at all possible.

 

Also, any appendices need to be referred to in the statement as "please see affixed appendix 1 or 2 or 3" etc. you then need to write the claim number on the top left hand corner of these appendices and the relevant appendix number on the top right hand corner.

 

Once you have assembled it all in order, take a photocopy before stapling the pack for court as you will need a copy to refer to at the hearing.

 

Ell

[angel_1]

huge thanks we have done this and just finalising our budget sheet

 

phew

 

taraaaaaaaa for now

 

laters angel x and survivor:-)

[Ell-enn]

Good luck and stay positive

[angel_1]

many thanks for the help and your thoughts:-)

 

laters angel and survivor

[underdog13]

wishing you the very best of luck for tomorrow - keeping everything crossed for you:)

[ukaviator]

Best of luck Angel 1. . .

[angel_1]

Many thanks too to underdog and ukaviator

 

i ve learnt so much by helping my friend with this some positives and some negatives but hey life throws the dice and you have to roll with it at times

 

laters angel x and survivor

8)

[nevos]

Hi, so what was the end result?

[angel_1]

Hi, so what was the end result?

 

hiya eviction is friday - got court hearing for defence on wednesday of this week

 

diff judge from last time if she loses this appeal then has to appeal to higher court and a circut judge apparently

 

will keep you all posted thanks for your thoughts

 

laters angel x