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

[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.

[survivor_13]

I guess there should be.

 

Hello Guest,

 

Can I help?

[Ell-enn]

OK, type up another statement to hand to the judge -

 

Caim No

Between

XXXX

and

XXXX

 

"I respectfully request that the court consider the following facts which are supplementary to that which is contained within part 10 of my N244 application.

 

I respectfully request that the court take into account S.36 of the Administration of Justice Act and allow me to reduce the arrears by installments.

 

I also request that the court consider the order made by Judge XXX on XXX as the Claimant has, despite this order and several requests by myself, not complied by providing a true arrears figure.

 

The sum the Claimant pleads includes £XXXX of arrears monthly charges and legal fees and is misleading the court as to the true arrears figure. It is my belief that the Claimant is frustrating my attempts to establish the situation."

 

I believe the above to be true and factual.

 

Signed......................... date.........

[survivor_13]

Will do. Thanks

[angel_1]

hiya all

 

im back,,,looks like this is already in hand then fab as usual

 

thanks also from angel x

 

God Bless you all

[jansus]

Hi jansus,

 

Its due on the 30th October, yes it is.

 

 

Ok Just checking as usually they are due at the begining of the month - so at the moment they should not be includiing that figure.

 

Best of luck AGAIN for the morning.

[underdog13]

I'll second that; very best of luck for tomorrow:) Hope you get a fair minded judge this time!

[angel_1]

hiya jansus and underdog

 

im sure survivor will appreciate your thoughts, i do thank you

 

yes a fair minded judge who actually understands that mortgage arrears only and not just a figure without actual paperwork by the claimants sols

which includes charges and fees which should not be part of the court case - only the arrears in question should be

 

again with ell-ens help, we have done our best and i dont really know what else we can do if it should fail again tomorrow but hey fingers crossed guys

 

until then there is alway hope

 

nite nite, off to bed soon as ive had a reply on one of my own cases

 

thanks for looking in

 

laters angel x

[survivor_13]

Hi Ell-enn,

 

We are now in receipt of the supplementary statement and we have all additional docu to take with us as well just in case. I am also taking DWP paymnet info just in case and tel convo/letter from SARS since Mar 08 disputing the figure.

 

All we can now do is pray and hope for some sort of justice.

Thanks a million for all your support and help.

 

Were in at 9.45 however it depends on time slots etc, so might not be seen straightaway.

 

Survivor

[Ell-enn]

I'll be thinking about you - are you both going to the hearing?

[underdog13]

Hoping it's going well for you, Survivor.

[slgsue]

Have been reading your thread over the last few weeks, keeping everything crossed for you today xxx

[jansus]

keep checking in to see how you are. Hope no news is good news.

[ohitsonlyme]

Come on we are all rooting for you!!!!

Ohitsonlyme

[mkb]

Survivor - hope it went ok yesterday.

[underdog13]

Hope you are busy celebrating your success, Survivior:)

[jansus]

no news yet?

[survivor_13]

Hi guys,

 

Just to update you on the progress of repo hearing.

We had a family wedding on friday so was extremely busy after events on thursday.

 

Went to court for a hearing time of 9.45,

didnt leave court until 5pm as when the judge heard the case he felt we needed a higher judge

ie. a circuit judge, hence the wait

major long day coupled with nerves and feeling stressed.

 

The circuit judge postponed the hearing as he did not have the notes from the hearing on weds and he felt for a fair hearing all notes relating to the case were needed.,

 

its been postpone until nxt tues at 10.30 and the warrant suspended until after the hearing.

 

their solicitor asked if he could apply for a emergency eviction order and the judge said he could stop him but couldnt see what difference it would make.

 

A twist

when we went to the hearing

was the judge who originally was booked for the hearing

did not have the day b4 info either

 

asked their sol who heard the case,

he responded the judge name and he said he was next door,

 

the sol responded if he had time it would be better if he heard it and he dealt with it yesterday.

 

I immediately said no as I felt it would be bias and unfair and I doubt he would be able to see it in a different light from the day b4, hence the 5pm wait.

can you believe his audacity suggesting that knowing it would put us at disadvantage.

 

the crooks of it is were back on tues with the unfair charges as our defence and the previous order by the judge.

 

The judges last words were he felt it would be in the claimants best interest to consider taking the lesser amount as in the order before they would be worst off.

 

He also felt discuss with the lender that option and hopefully we mght be able to come to a resolution without coming back to court. I doubt it.

 

Thanks for all your help and well wishes.

 

Il log back on tonight just incase i forgot to mention anything that was important.

 

S13

[underdog13]

At least you live to fight another day, S13:) Good on you for preventing them handing the case back to the unsympathetic judge!

 

The judges last words sound promising for you - advising the claimant to accept the lesser amount, etc:D

 

Best of luck for Tuesday:)

[survivor_13]

Thanks Underdog,

 

Your support means a lot and indeed yes we live to fight another day and we'll give it our best shot. Sent fax to lender on Friday with offer of lesser amount waiting for a response -though not holding my breath.

 

Once again thanks

S13

[underdog13]

You're welcome:) Wish I had the legal knowledge to be of more assistance - thank goodness for Ell-enn!

[jansus]

Thanks for the update - I guess they had better get their act together before Tues or they could be trouble.

 

Best wishes to you and sorry it is still dragging out . Bet you feel exhausted.

[survivor_13]

Hi Underdog/Jansus,

 

Thanks for checking in.

 

 

Indeed im exhausted

angel has been a pillar of strength during the times when I falter.

The moral support from the forum has been a great help, truly appreciate it.

 

Im spending tonight going through the duty sols letter of the events that took place in the hearing just incase iv missed anything that could help on tuesday.

 

 

I dont think he did a great job and seemed way too friendly with the lenders sols, aww well.

 

Keep you posted

S13

[underdog13]

Thinking of you, S13 - very best of luck for tomorrow:)

[angel_1]

hiya all

 

trying to catch as been away at weekend,

 

so hoping for good news tomorrow now

 

and thanks survivor we will get through this

 

catch up laters angel x