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

[Ell-enn]

When you say you did the figures and worked out you owe £2289 - did you get that figure by deducting charges you had already paid ?

[Ell-enn]

what exactly did you put in your statement for Q.10 in the N244

 

Did you enclose the statement showing the arrears and charges you have posted above and proof of the DWP lump sum payment?

 

Unless you can show you actually have the £822 in the bank tomorrow to make the Sept payment you cannot use that as it could be viewed that you are only saying that to escape the situation

(I know you're not, but you have to think like a judge!)

 

Sorry for all the questions etc... but I'm trying to find a way to help you tomorrow

[Ell-enn]

Do you have a copy of what you wrote that you could post? (you can pm if you prefer).

[Ell-enn]

It might have been an idea to ask the court to take S36 of the Administration of Justice Act into account.

 

 

Do you know if there are any legal reps on duty at the court in the morning.

[Ell-enn]

Hi Survivor, you need to stress the point to the judge that the Claimant's loading of arrears charges to the account has frustrated your efforts to establish what the true arrears figure actually is.

 

Will be thinking about you...

[Ell-enn]

Hi, as far as I know there is no case law regarding arrears penalty charges.

 

 

It would be classed as unfair terms and conditions in the mortgage contract and, like bank charges, the lender should be required to justify how they arrive at their figure of £50/60 per month i.e. show their true cost in managing the arrears situation.

[Ell-enn]

I think that's exactly what the judge meant.

[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.

[Ell-enn]

Did you take the Eviction Notice with you to the local court?

[Ell-enn]

I was just thinking that if the court saw that the eviction notice was issued by them, then they would realise that the hearing should be held there. This is a separate issue altogether from the hearing in the higher court.

[Ell-enn]

Hi, what info did you put on the top part of the N244 - did you put the details from the eviction notice in the boxes, i.e. did you put the Warrant Number in - this should have told them it was issued at their court. If you only had the case number then probably they would only have the info that it was transferred to a higher court.

[Ell-enn]

If you can get there first thing in the morning and can get them to understand about the warrant then you may get an emergency hearing there and then.

[Ell-enn]

Hi there, when all the arrears are paid off you need to apply to the court to have the suspended possession cancelled. Howver, you will first need to get confirmation in writing from the lender that there are no arrears.

 

The best idea is to pay the arrears, then the next monthly payment. You can then write to the lender and ask for an up to date statement - this will show there are no arrears (it will also show all the charges;) ). You can then write to the court enclosing a copy of the statement asking for the suspended order to be cancelled.

 

Unfortunately the court will advise the lender of your request and they may oppose it in which case you would need to apply for a hearing in front of a judge to get it cancelled.

 

Then you go for getting the charges refunded !

 

 

Ell

[Ell-enn]

Give Survivor my good luck wishes for tomorrow, I sincerely hope the money can be raised and paid in time. After all the trauma this year she deserves to have a worry free Xmas in her home.

 

And give yourself a well deserved pat on the back for being so supportive - she's very lucky to have you on her side

[Ell-enn]

Oh my goodness, what an ordeal for you ! I'm so pleased you got the right outcome and at least the police took an interest in your side of the story.

 

Well done for being so brave - I hope you managed to relax and enhoy your home over Xmas.

[Ell-enn]

What's the reason for the DWP reduction?

[Ell-enn]

Hi there, sorry I didn't get back to you last night - I was travelling back from Staffordshire and got held up.

 

I have drafted a letter for you to send to the lender. You should send it by special delivery tomorrow so it gets to them on Monday.

 

You also need to gather together proof of income from the business to show the judge that you can afford what you are promising to pay. Also, if you have made any payments since the hearing you need proof of that too.

 

If you let me know what documentary evidence you have, I will draft a statement to send into court. You will be able to take an updated statement to court on the day of the hearing if you have any new info by then.

 

Ell

Survivor13 CPR letter.doc

[Ell-enn]

Hi there, did you phone the court to see if they had filed the information for the hearing?

 

Do you need help with your papers for Monday?

 

Ellx

[Ell-enn]

Hi there, don't panic. Remember that the hearing is for the lender to produce information - if they don't, or the information they provide shows that the arrears figure is incorrect then they are in the wrong, not you.

 

I have some friends here this evening so will not be able to devote any great amount of time to this. However, I will be able to help tomorrow if that's OK.

 

You need to gather together anything you have which shows how you calculate the arrears as being lower. The whole crux of this matter is that the lender hasn't provided you with a detailed statement.

 

You also need anything you can get your hands on that will show ability to pay installments + arrears each month going forward.

 

Most of the information you have already provided for the last hearing is still appropriate. If there is nothing in the SAR to show the true arrears then you are still at a disadvantage and the judge will recognise that.

[Ell-enn]

They will have to provide a complete breakdown of the figure they are claiming. Did they send a letter every time a payment was missed? is there anything in the SAR saying payment missed - or similar wording? or charge added to account?

[Ell-enn]

OK, how many times does it show payment missed i.e £0.00 that should tell you how many months arrears there are. You then need to add up all the payments made then deduct the amount of payments missed.

 

Ignore everything else except the payments missed and payments made.

 

What figure does that give you?

[Ell-enn]

Your calculation should only be - payments made minus payments missed, anything else is irrelevant.

 

Add up all payments made then add up all payments missed. Deduct one from the other = your arrears

 

Remember to add any payments made since the date of the statement you have.

[Ell-enn]

That's fantastic news!! WELL DONE for being so brave and sticking up for yourselves. Good to hear you got a judge with common sense too

 

I'm delighted for you - I sincerely hope you can relax now and get on with enjoying life without the situation hanging over your head.

 

(Bet their legal rep felt a right numpty )

[Ell-enn]

Hi, I'll be on line after 7

[Ell-enn]

Hi.

I'm not sure the judge will take into consideration charges already paid on the account previously

- although your complaint to the FOS regarding charges could result in the repayment of them to your account, so you need to make that point in your statement.

 

I take it your other half is now not working in the take away business as the DWP are paying your interest?

 

How much is the monthly payment and how much is the DWP paying towards it?

 

Can you afford anything towards the arrears each month?