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


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Hiya All

 

Is there anyone that can help us compose these letters for lender and judge as the lender specified in there letter they would directly send figure calculations to the judge and im left with the impression I wont see sight of those figures until the hearing.

 

From what Crapstone said to inform the lender that we need figures before hearing and to advise judge we've requested this info.

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Thanks Steven,

 

Our Post 70 is where were at but then post 73 from Crapstone suggest writing letters to the lender to disclose what information they will present at court on the 18th May and also how do we put a letter forward to the judge that we've ask to see sight of the calculations of b4 the hearing date. or is there another way as we are unsure of what will happen in the 5 mins hearing allocated for 18th may.

 

Many thanks

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Thanks Underdog,

 

Done a quick search on Google Victoria Mortgages was the first sub prime lender to go bankrupt in September 2007, trying to find what securisation now means and also is it possible from what we get back from the SARS will that reveal more info??

 

We still dont quite understand what all this means.

 

Many thanks

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Hi there, I'm at work at the moment but can try and help you later this evening (probably after 9pm though).

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oh that would be so wonderful thank you Ell-enn

 

will let survivor know as im out for a bit around then

 

take care

 

angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I think you just need to writ ein plain English. I would also copy the letter that you send to the lender to the court. In the letter to the lender you could say that you are asking for the information under CPR part 31.16. That gives you the right to know what hey intend to use and to actrually insoect it beforehand.

 

 

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Thanks Underdog,

 

Done a quick search on Google Victoria Mortgages was the first sub prime lender to go bankrupt in September 2007, trying to find what securisation now means and also is it possible from what we get back from the SARS will that reveal more info??

 

We still dont quite understand what all this means.

 

Many thanks

 

I'm still learning about this myself - Supersleuth is the expert in this area I think; maybe send him/her a PM?

 

I found a superb link explaining this the other day; I will scurry away and try to find it again for you.....

 

scurries back...

 

haven't found the piece I'm looking for (will continue to look), but have found another thread which may interest you;http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/197424-mortgage-securitisation-paragon-pender.html

 

scurries back again...

 

found the piece I was looking for -the attached file on post 8 of this thread;http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/175426-mortgage-securitisation-preferred.html

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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

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Hiya Ell-en

 

Thanks very much for getting back to me i really appreciate this as I know how busy it gets for all of us. Next payment date is the end of May as I asked for this to be changed and they granted this request.

 

I'll get letter faxed tomorrow morning and also send via special delivery aswell. Im still going through the figures to see if I can find any further discrepancies, however figures are quite confusing and needs

clarification.

 

I will advise tomorow once done.

 

Thanks to Everyone else for all your help and kind advice:)

 

Laters Survivor

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hello all survivor will be on later but to update you all whilst im on

 

we have sent and faxed the letter that Ell-enn gave us on monday and to have the info sent to us by this friday.

 

However now we are worried what preparations do we need to do for monday?

 

Elle en what do u mean in the way of paperwork? actual business accounts which not got yet, cashbook info? etc -

 

Also - if we dont get the figures for friday what then happens? or if they get them to us on the monday how can we proceed -?

 

just our initial thoughts who knows we may be lucky and get their figures by friday then its a more clearer picture

 

laters and thanks to everyone for your interest and help

 

angel and survivor x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi there, as I understood it, the judge wanted to see what the income was from the takeaway so he could see if you would be able to afford the repayments going forward. What about bank statements or till receipts - you need to prove what you put in the budget sheet.

 

Ell

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi Ell-enn

 

The court didn't request any further documentation with regards to the £250.00 we proposed we would pay as this was not discussed as we didn't have the lenders reply until after the court date. What she did request was that the lender comes back with the figures we are disputing as the figure was substantial ie arrears-charges. We have requested info from lender and now waiting, im speaking to the court in a min to ask what the hearing will entail on Monday. Will update in a minute.

 

 

*************************************************************************

Spoke to the court and the hearing will be for 5 mins to discuss the figures and discrepancies that was brought to the judges attention at the last hearing.

 

Reiterating what angel has written we just werent sure apart from the figures what else to get prepared to take with us on Monday.

 

 

Thanks as Always Survivor.

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Hi Sorry, I misunderstood the info in Post 70, I thought the solicitor advised you to take info on the take away business...

 

Ell

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Hi Ell-enn,

 

Thanks for your response, you hadn't misunderstood Post 70 the solicitor did advise to take info regarding being able to sustain payments. However their is also a partner to the business and he is not willing to partake with that type of documentation for the courts eyes unfortunately. Maybe info from the accountant can be provided.

 

Moving forward if we dont receive the information from the lender regarding the figures by tomorrow what do we present on Monday. I really need some advice on this. Angel and I are meeting tomorrow night to put the defence together, hearing is at 9.45 on monday.

 

Any help would be appreciated

 

Kind regards Survivor:confused:

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If you don't receive the information before the hearing, all you can do is tell the judge that the lender hasn't provided it. They may of course have provided it to the court and not sent it to you (yet!). It could turn up in the post on the morning of the hearing, but you may not be there to get it.

 

You could always ring the court tomorrow afternoon and ask if the lender has filed the information needed for the hearing.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks Ell-enn,

 

Il speak to the court in the morning and see whether they have received the info. So we wont have a leg to stand on if we dont receive the info. What can we do thereafter? Il still try to get info re sustaining payments speaking to accountant 2moro to advise.

 

Thanks survivor

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The judge ordered the lender to supply the information for the hearing in order for him to decide if you were correct in your statement that the arrears figure was incorrect. It is their information he wants to see. You need to take along any documents showing the arrears amount which includes the charges.

 

Do you have the signature receipt printed off the Royalmail website for the letter you sent asking the lender for the info? You will need to take that to court with you to prove they received it as they may say they didn't:rolleyes:

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn,

 

Faxed letter as well so have got fax receipt, will also print off the Royal Mail receipt. Taking previous info as well as most recent statement. Is this the reason why only 5 mins has been allocated for Monday and what worst/best case scenario.

 

Any info as to how a guest can access my thread as quite strange they disappeared when i posted up my welcome to them.

 

Thanks survivor

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Hi All,

 

The Lender has sent the SARS report by next day delivery I received at 8am this morning. I am assuming they will be sending the letter that we requested prior to the court hearing tomorrow or first thing on monday morning when Im on my way to court. It looks as though il have a fight on my hands as they clearly want our property. Liased with accountant this morning, fingers crossed we'll have info for monday morning.

 

Feeling quite strong but at the sametime nervous and uncertain.

 

Thanks to everyone for there kind advice and help, it means a lot.

 

We are preparing defence tonight so will holler if we are struggling.

 

Got allday to go thru SARS and search for further discrepancies.

 

 

Laters survivors

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