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

[Crapstone]

Hi,

 

Keep it simple, pointing out the previous notes from the last judge.

 

Do what you have already done here and show that the maths doesn't add up,

the fees/charges are in dispute and the DSS payment will more than clear the actual arrears.

 

Try calling Community Legal Services and they should be able to put you through to a solicitor who can help or give advice on the phone.

 

Do make sure you put that complaint in and post up your draft letter.

 

 

Just keep it simple as judges quickly lose interest if anything is more than black and white.

[angel_1]

hiya all

 

ive been trying to help ref letter survivor has done another thread in relation to this letter and the complaint to fos/fsa

 

here is the link

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/219905-fsa-letter.html

 

cheers angel x

[slick132]

Hi Survivor,

 

Two threads merged - please stick to one thread per issue to keep your Q's and users replies together.

 

I think you should put together a Schedule of Charges (SOC) to list all default charges made to the account. This will be what you want refunded by the Lender.

 

I don't think you should write a letter to the judge about this - he was kind enough to suggest that you reclaim the default charges but will NOT be interested in how you go about it.

 

HOWEVER, in dealing with the eviction warrant and the N244 court application, you can mention that, as well as the arrears figures being wrong, there are also £xxx of default charges which are In Dispute.

 

You can't complain to the FOS about the charges as you haven't yet tried to resolve this issue with your lender.

 

You have to reclaim them from the Lender first. If the Lender refuses to repay, THEN you can complain to the FOS or take court action to recover the charges. See the Reclaiming Guide at Link No1 in my signature below.

[survivor_13]

Thanks for all your help guys been a bit down in the dumps recently. Im meeting angel at 7 tonite and we are sorting N244 defence form. The DWP has now sent payment to the mortgage company, would also like to include this in my defence.

 

I have registered complaint with FOS and now have a case number as I have disputed charges via letter and telephone calls with mortgage company before its highlighted in SARS Report.

 

I have decided against letter to judge and will proceed with N244 defence as advise.

 

I would appreciate any help with N244 form for this evening. I will base my defence on unfair charges from previous hearing and also incoporate the FOS involvement. Also the DWP's contribution.

 

I would appreciate any help with this, not feeling positive about this at all. Spoke to the mortgage company and they advise £12,000 or lose your home.

 

PLEASE HELP!!!!!

 

 

Kind Regards

Survivor

[Ell-enn]

Hi there, I can help you with the N244 defence. It will be later this evening when I get home from work.

 

Do you have a N244 form? I can affix one for you if need be.

 

Ell

[survivor_13]

Thanks for touching base Ell-enn, it means a lot. No I haven't got an N244 form was planning on downloading one, would sure appreciate one being affixed.

 

This evening will be fine, meeting up with angel also.

 

 

Thanks a bunch

Survivor:D

[Ell-enn]

OK,

N244 form affixed and these are the instructions for completing the rest of the form (except Q.10 - which we will do the statement for tonight).

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

Hi there, what we need is:

 

The most recent statement showing the arrears and charges

 

The letter from the DWP advising what they are going to be paying in September.

 

Letter showing case number with FOS

 

Copy of the judge's order from the previous hearing

 

Take a copy of the statement and mark the charges

- either circle them or use a highlighter pen.

 

 

Add up all the charges and write Total Charges = £XXXX at the bottom of the statement.

 

 

Then write Total Arrears = £XXX .

 

There was a payment arrangement made at the last hearing?

has that been kept?

n244_e.pdf

[survivor_13]

Hi Ell-enn,

 

Sorry for delayed communication,

have been totally knocked sideways with this

but know I have to gather the strength and courage to fight for my home once again.

 

We still havent done defence

 

 

i am going to partially prepare tonight and then meet angel at 2pm to type and print,

hopefully get to court before close of business at 4pm as was hoping for Monday hearing.

 

Regarding question asked, here are answers:-

 

Statements are issued on the 30th of each month, havent received Sept as yet so will go with August if not arrived by tomorrow.

 

Letter from DWP showing amount that has now been paid.

 

I have case number for FOS, however this was done via e-mail.

 

Copy of judges order from previous hearing - should i also highlight what he ordered.

 

I have now highlighted charges/arrears on statement as advised

 

Yes there was a payment arrangement

- has not been kept hence why were back in court.

 

 

The 1st payment was made end of May and June as ordered

 

 

July August payment were not kept and im assuming also September as they rung to say they received DWP payment

 

 

the bank giro is dated 01/10/09 so cant credit before then i guess that will show on Octobers

- v.crafty if u ask me.

 

Considering the claim took from June until end of Sept to be processed and payment was to be made on the 10/09,

mortgage company sent incorrect bank details - how appropriate.

 

My biggest fear is that my partners business has failed/slowed and they where making a loss

 

 

business advisor suggested he claimed JSA, which he has.

 

 

The DWP are now paying with effect from September part of the mortgage.

i fear because he has no income we will lose the house based on this.

 

Any thoughts on this Ell-enn? If your about I can do statement tonight

 

 

Thanks

 

Survivor

[survivor_13]

Hi Ell-enn,

 

Still in the process of trying to put together the statement, hopefully you might be able to log on and help, really wanted to get to court for today as eviction is on nxt Friday. Any help would be appreciated

 

Hope ur well.

Got most of the documentation and N244 form prepared

just now need a hand with statement and then i can take to court first thing on Monday morning.

 

Spoke to the mortgage company on Wednesday and all she seemed interested in was whether partner was working or not

 

 

she then had a convo with person from DWP who confirmed this for.

 

 

I am suspicious she might think we declared him as working while he was claiming which obviously is not not the case.

 

Do you think i should highlight this in statement or just take along supporting evidence should incase it arise.

 

Let us know when your able to help with statement and il ensure im logged in

 

Still trying to sort statement. Are u able to help please?

[Ell-enn]

Hi there, sorry for delay. I will have time tomorrow to help you, I've got visitors this evening and am just checking in when they're not looking

I'll look in in the morning and we can set a time to do the statement - is that OK?

[survivor_13]

Thanks a bunch Ell-enn,

 

Hope you had a good night, the things we have to do at times - such joy.

 

 

I really appreciate this. Im soooo nervous and worried with fear.

 

I'l keep checking in the morning to see when you have logged in.

 

Going to angel at 7 this eve so Il keep checking to see if your online.

 

 

Cheers

[Ell-enn]

Hi, I'll be on line after 7

[survivor_13]

Thanks:)

[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?

[survivor_13]

Hi Ell-enn,

 

Sorry for the delay, iv been on since half 7 and only realised you replied a min ago, how strange.

 

 

Regarding questions asked:

 

Due to the current climate the takeaway business is extremely slow and he has a partner as well.

His business advisor recommended he signed on.

 

The monthly payment is 822.47

The DWP are paying £785.76

 

We are still in a position to pay the 150.00 as previously ordered.

[Ell-enn]

HI, so the £150 you are paying will cover the difference between the monthly payment and what the DWP are paying?

 

You need to take a copy of the statement showing all the charges paid previously

- use a highlighter pen or circle in pen all the charges, add them up and write the total on the statement.

 

Do the same for the period from the last hearing till now.

 

 

This will show the judge what you are claiming back via the FOS.

 

 

Confirm when you have done this and I'll add it into your statement (I need the 2 totals).

 

I can't remember without reading through all your posts

- is the mortgage in joint names?

[survivor_13]

Hiya,

 

 

not sure if I understand 1st question:-

 

The monthly payment is £822.47

 

The DWP payment is 785.76

 

The difference is £36.71.

 

The £150.00 is what we said we would pay against the arrears.

 

Ive highlighted all charges on previous statement paid - totalling £ 3233.00

 

From the last hearing till now it should i use the figure arrears - fees or arrears + fees?

 

The mortgage is in my partners name.

[Ell-enn]

Hi,

what I meant was

that the £150 you are paying each month will now be less as the £36.71 shortfall between what the DWP are paying and the normal monthly payment will come out of it first.

 

On the second statement show the arrears and charges separately so you can prove the arrears the lender is claiming are wrong.

 

I'm nearly finished the statement

[survivor_13]

Thanks, I see.

 

I assuming the figure required is when we last went to court

the lender stated we owed £9971.34,

 

 

now they are stating we owe £12,037.53, so I guess the difference is £2066.19.

 

Also the DWP paid a lump sum of 3732.36 which was received on 30/9

but was dated 01/10 so couldnt be credited until then,

next payment is on the 12/10 and so on.

[Ell-enn]

Hi statement affixed. You need to fill in the information where there are XXX's.

 

You then need to affix the following as Appendices. On each appendix write the claim number on the top left hand corner and the relevant appendix number on the top right hand corner.

 

Appendix 1 – previous judgement order

Appendix 2 – latest letter showing arrears and charges added together

Appendix 3 – FOS complaint

Appendix 4 - statement showing previous charges

Appendix 5 – DWP confirmation of payment

Appendix 6 – budget sheet

 

You should then have:

 

N244 form

Statement for Q.10

Appendices 1 - 4.

 

Once you have all that assembled, take a copy of it all before taking to court. (make sure it's all securely stapled).

 

Any questions just shout (I'll be logging off soon as I have to be up early tomorrow, but I'll be on line again from around 8.30 in the morning).

 

Ell

Survivor 13 Statement # 2.doc

[survivor_13]

Thanks a lot Ell-enn,

 

Would you be able to send me a copy of the budget sheet. Thanks get some rest.

[Ell-enn]

Budget sheet affixed. Remember when filling it in that the £150 you are offering is he amount left over after everything else has been accounted for.

Budget Sheet.xls

[survivor_13]

Thanking you lots. Goodnight

[angel_1]

hiya ellen

 

thank you so much

we have managed to do it all as you have so clearly put

and thank the lord my internet came back on today

 

all sorted ready to take to court tomorrow

 

will update you in due course

 

cheers again from angel and survivor

 

xxxx:D

[jansus]

Just wanted to say good luck.