Hi. I have today returned to Court and had the date suspended. I was also able to reduce the monthly arrears I should pay from £50 to £30. I only received the back dated confirmation from DWP 2 days ago, I have not received the monies as yet. But the Court was satisfied that I am able to pay it. I had put in my original defence that I was never allowed to claim on the PPI when I became out of work and since then unreasonable charges had been made including £60 fee's when I was paying, x 4 £165 no show Agents visits, £600 Solicitors fees x 4, interest and default fee's which meant the original loan of £8,800 is now over £18,000. I did say to the Judge that I was seeking legal help with the over changing and PPI matters, to which he said he wished me well with sorting it all out. What I did note was the other sides Solicitor said the loan had 28 years still to run! It was a 25 year loan and that was taken out 6 years ago. I wish now I had questioned that. Now I have the monies coming in from DWP I am going to get to grips with all this over-charging once and for all. Thanks to everyone who has helped me so far.

Hi Lea. Many thanks for the confidence boost. I have copied off the template ready to send off to them. I do have a few questions that hopefully you can help me with. The loan Company say there are £2000 arrears, yet the total balance is now £9000 higher than it was. When I questioned this they said that any fees, interest etc is added to the loan balance and only the missed payment is classed as arrears. I have done a calculation and found that out of the normal repayment of £110, £97 of it is interest. With a balance of £17,000 thats going to take a few thousand years to pay off! Not sure if this makes any difference. Next issue, my mortgage. They have continued to charge me £115 every month for a few years, plus other fees and interest despite paying on time the agreed amount stated on the Court order. Those fee's are included in the total arrears, so thats done different from the 2nd charge loan. Is the letter template the same for this mortgage as it is for the loan? I do need statements from both loan and mortgage companies which I presume is included in the request? I have decided to go at both of them for refund of fees etc, which must be running into thousands of pouds. I have twiddled my thumbs long enough and want to go on the attack for a change, it wears you out having to defend all the time. I think I know what I need to do, can I presume that help and guidance is still aviaible from this site and spoon feed me though all this? Thanks in advance.

Hi. I got the eviction adjourned for 28 days to give me the chance to get some money to the claimant. As long as I pay one instalment there wont be an issue. I mentioned in my statement the following: 1. As a condition of taking out the loan, a single payment insurance payment was made to cover loss of income. When I contacted the Claimant I was told that I was not entitled to claim under the policy because they felt my illness and subsequent loss of my job must have been present when the loan was taken out. I understand that the Claimant was wrong in stating I could not claim and only the insurance company themselves would be able to deny a claim and only then after I had made one and submitted relevant information. 2. When a previous arrangement was agreed between the Claimant and my Advocate from the CAB, and fully maintained by me, the Claimant continued to add charges to the account vastly inflating the balance of the loan which are considered to be unfair pursuant to schedule 2(e) of the Unfair Terms in the Consumer Contract Regulations 1999, which state that ‘a term is unfair if it requires any consumer who fails to fulfil his/her obligation to pay a disproportionately high sum in compensation’. The authorities for this unequivocal position are: Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd 1915 AC 79 Murray V Leisure Play 2005 EWCA Civ 963. I was on the back foot due to not being able to make a payment since last November, so my thoughts are to make sure I get some payments made and then at the next hearing get it suspended. The Judge did not mention about fees or the PPI but it was clear that he read it. I really need to get to grips with the unfair charges and fees and will now do some research. The Judge asked me on what grounds I wanted the adjournment, I think I made a mistake by saying 'that I would shortly be in receipt of back dated benefit and will be restarting repayments'. Thinking about it later I should of said more about the PPI and charges etc. But I was on the back foot and not in a good position.

Thanks Lea for the advice and support. I will report back tomorrow with the result.

Just a quick update. I have a hearing for tomorrow (Thursday) to suspend the eviction,. Ell-en has given the thumbs up to the statement I prepared.

Hi. I have prepared all the documents following the guidelines on the site and I have sent Ell-en a PM with the text from the statement to see if Ell-en is able to read it before I take it to the Court.

Hi. Many thanks for your excellent advice. Due to the limited time I have, I have started to put together the application to have the evition suspended on the grouds of back dated funds being available within the next few weeks and the insurance issue together with the fees they have mounted up. I am confident that I can get the paper work sorted. I will have someone with me at Court and if I have the paper work in order and detailed then I am hopeful I will get a suspended order. I will contact Ell-en once i get the detail down to see if she has the time to look at it before I take it to Court. I have been trying to get help for the last 3 weeks from Solicitors without much success but if I get this suspended I will follow this up to see what can be done. Thank you again for your detailed advice.

Hi. Many thanks for your detailed advice. When I contacted the loan company they said due to me recently having a mortgage they wanted the security of insurance. The original loan was for 20 years and the intention after my current mortgage deal had ended in 16 months time I would then bring both the main mortgage and the 2nd charge into one mortgage. I was told that I would receive the full refund of premiums on early repayment and the reason I phoned them, not wanting to be stuck with something for 20 years when the loan was paid off early. When I spoke to the loan company (Central Trust) they made it clear that I would not be able to make a claim because my illness must have been present when I took out the loan. I never made a claim and they returned part of my premium, which was a single premium policy. They refused to take the monies off the loan account saying it was not possible and that I should use the premium to pay off the loan repayments whilst looking for alternative work. So in answer to your question, I asked to make a claim by telephone and they said no. They did agree to the reduced payment plan but I only recently became aware that they had charged £60 per month plus additonal interest for the whole period when I received a statement from them. I will take you advice and ask them not to telephone me again but to communicate via letter. Good advice thank you. I have not paid anyone upfront fee's. I did not feel I had the experience to deal with the matter myself and the reason I turned to them. The arrears is £2200. The loan balance has jumped to £17,000 due to £60 per month default, additonal interest, Solicitors fees of £485 x 4 and none existant Counciller visits at £185 x 4. The first charge, the mortgage is up to date and paid for by my family. The loan which I refer too is a 2nd charge. The eviction date is set for 4th April. My back dated benefit payments are not expected before then but are back dated to last October. The hold up was providing the evidence to the DWP from the hospital Doctor who has been dealing with me. My GP was of little use. Hope that helps? Many thanks again, your help is much appreciated.

Sorry for posting this on the wrong thread and thanks for placing it in the right place.

Hi. I maybe able to help you because I have exactly the same problem. I have not read your previous threads so i apologise if some of this has already been covered. DLA as you know has ended and replaced by ESA, everyone who was previously on DLA will have to complete the form and attend a medical. I can not stress how important it is to be fully prepared for the medical, I will come back to this shortly. You will be currently on the minimum benefit of £66, once you have this medical and it is shown that you are unfit for work then it will be back dated, but you must tell them that. Housing benefit goes hand in hand with this medical, if your not successful with the ESA then you won't get housing benefit for 13 weeks. The DWP inform your local Council for both housing benefit and Council Tax, so if you have not already received a letter saying your not entitled to council tax benefit you can expect one. The council will only go on what the DWP tell them. There is currently a back log of some 8 to 12 weeks after your medical before you receive a decision. They can assess your ability to work using any of these 1. The questionnaire. 2. The report from your medical. 3. Your Doctors information. For your medical, I strongly advise that you read this information by following the link. http://www.goodadvicematters.co.uk/index.php/esa/going-to-an-employment-and-support-allowance-medical-assessment-read-this-first/ It can be a long process and it does not help when you have bills to pay. Hope that helps.

Hi. I took out a secured loan in 2006 for approx £8800, and the company made it a condition that I take out PPI insurance. The intention was to do a remortgage two years later for both the current mortgage and the secured loan. I did make a phone call when I saw the cost of the insurance that was being added but was told that 1. The amount would be rebated on a month to month basis and 2. They had to have PPI as part of their loan condition. I would presume this call would be recorded. Approx 12 months later I became unwell with a mental health problem and I had to finish work, when I contacted the loan company they stated that I must have had the illness prior to taking the loan out, and I would not qualify for the repayments to be made under the insurance policy. They said in recodnition they would return part of my Insurance fee and I could use that to pay for future repayments of around £100 per month. I was not in arrears at this time. As the months progressed and money getting tighter my health worsend with the same mental health coniditon and I was admitted to Hospital for some 6 weeks under a section. On my release I was allocated a Mental Health Advocate (from the CAB) to help me with me financial and other issues. The Advocate was able to get agreement to pay £20 per month for the loan to take the pressure off me and to show willing. All these payments were made. They did however continue to charge me £60 as a default despite them agreeing to the offer of payment, and they have contiued this ever since. The Advocate wrote to the loan company to question the insurance, she told me that they firstly told her I was insured and then told her I wasn't, she said she did not have the experience to deal with that side of it and advised that i continue paying the £20 per month and then seek professional help later to address the issue. As my health began to improve, the loan company started to increase their pressure on me, in the end bypassing the Advocate altogether and just phoning me, almost daily. last year the loan company took me to Court for possession, this was suspended as long as I paid the repayment amount plus £50. This site helped me to fill in the forms and get the eviction suspended. This was fine for a few months until the Goverment decided to end Incapacity Benifit in favour of the new Employment & Support Allowance, and I had to reapply and attend a further medical. My mortgage interest payments have also been affected, which meant from 28 September 2010 to current I have received no payments towards the mortgage (payments have been met by my family) and just £65 a week whilst waiting for the results of my medical which took place on the 2nd Feb 2011. The result will not be known for sometime due to the 12 week delay in processing the new benefit. I will get all this money owed to me back dated which yesterday helped by a letter sent to the DWP from my mental health Doctor. The loan company have asked for £2000 to stop proceedings. The amount I now owe is now over £18,000. The loan company has lost patience and again started eviction proceedings. When i received the letter I spoke to my family and they mentioned about the PPI issue and that I should follow this up. I contacted a company from Manchester called Lynx who agreed that i had a case and would take the matter up on a no win no fee basis. I filled in the forms and they said once they had them back they would contact me to discuss the evition. This was over two weeks ago, I have sent them emails and had no reply. I have phoned them and they promised the guy who was delaing with me would phone me back on my mobile, he hasn't. With 9 days to go I am now starting to panic. I was hoping Lynx would give me the required advice on how to defend it, they may still do but I can't wait any longer. I wish now I had come here 3 weeks ago. I know the loan compnay read the posts and thats why I have not named them but would do on a private message. My family have helped me to put this explanation together which is truthful and accurate. Your help and advice would be appreciated.

Hi. I have not finsihed with them yet. I will be seeking advice on how to get back some of there rip off charges in particular there PPI. Having looked through this excellent site I am getting wiser by the day. Thanks to everyone in particular Ell for their support and help.

Hi. I have not finsihed with them yet. I will be seeking advice on how to get back some of there rip off charges in particular there PPI. Having looked through this excellent site I am getting wiser by the day. Thanks to everyone in particular Ell for their support and help.

Hi. Just letting you know that the eviction was suspended this morning. Central did not even turn up to the hearing, they phoned and said they did not oppose the offer. Good news all round. Many thanks for all the help with this Ell. I was treated badly by Central, so my next move is to fight there charges and PPI.

Hi. Just letting you know that the eviction was suspended this morning. Central did not even turn up to the hearing, they phoned and said they did not oppose the offer. Good news all round. Many thanks for all the help with this Ell. I was treated badly by Central, so my next move is to fight there charges and PPI.