stefaniex eviction

[Ell-enn]

You need to state the fact that -

 

the T&C's are misleading and unfair

arrears total and charges are two separate items

charges are unfair and you have the FOS looking at this

[stefaniex]

thanks x

[stefaniex]

is there any chance of some help with a statement answering them x

[Ell-enn]

when does your statement have to be at court ?

[stefaniex]

was supposed to reply to their statement after 7 days but didnt know wat to write .. or do .. a long battle with them and was thinking of handing the keys back

.. so its very late but have a few weeks b4 court date x

[stefaniex]

going through SAR and found a letter saying although your arrangement is up to date .. it is not a performing arrangement so you will still be liable for charges ...wat are they

like .....x

[stefaniex]

? anyone

[Lea_HTH]

Charges can NOT be added to arrears - and if there is a contractual term that states that they can, it is almost certainly going to be found to be an unfair term under UCTA - and as such any judge will strike it out and behave as if it does not exist.

 

You need to do your own calculations - add up what payments you have missed, how much the arrears are, and calculate all the additional charges (you are responsible for solicitor/litigation fees, but they should be added to the balance, or paid off once all arrears are cleared - I am sure you will find information on reclaiming any other charges to the account elsewhere on the forum).

 

You present all of that information to the judge, and in fact you ought to supply the information to the mortgage company too so that they can respond to it as necessary.

 

It would have been preferable for you to scan and upload the terms and conditions so that they could be read in context.

[stefaniex]

thanks for your reply .. i will scan t&c later and pos...t i have copied the exact clauses word for word that they have stated in there witness statement .. wen i do my calculations

should it be only mortgage payments listed and money paid to that .. they have included insurance payments to the arrears as well as charges .. these add up to well over 4000 and makes my arrears figure look a lot healthier .

 

i just worry that the judge will be taken in by there witness statement x

[stefaniex]

sorry ... what information should i supply to acenden x

[stefaniex]

have just done some figures

 

 

mortgage payments due since start of mortgage ..... 75,034.57

payments made since start of mortgage ................60,901.80

 

shortfall 14,132.77

 

 

payments due since spo 16,616.47

 

payments made since spo 20,170.07

 

and they claim i am 18,836.05 in arrears

Edited June 15, 2011 by stefaniex
error

[Lea_HTH]

Just because they quote T&Cs in their witness statement, do not assume that they are correct. You need to look in your own copy of the T&Cs at the time you signed the agreement for the mortgage.

 

Although you are behind in your payments overall, you are not behind since the SPO and it is extremely unlikely a judge will order possession when you have stuck to the agreement you made in court at the time of the SPO. Ordering possession on that basis would simply be unjust.

 

You need to establish what the charges are and remove them from any alleged arrears and show the judge your calculations. If your T&Cs also differ in wording to that included in the witness statement, you should also produce them to the court.

[stefaniex]

although i am a bit behind with the court order its not by much.. i will check the wording on the t&c but im pretty sure they quoted correctly it doesnt say outright that the charges can be added to arrears ... but i dont really understand the wording.

although i have since found out that a term in the contract ... the fsa found to be unfair (some scottish bank ) and they were asked to change it .

[Ell-enn]

although i am a bit behind with the court order its not by much.

 

payments due since spo 16,616.47

 

payments made since spo 20,170.07

 

 

How can you be behind with the court order if the payments due since then are less than what you have made since then ?

[stefaniex]

sorry to confuse you

 

the amount i put as due is mortgage payment only .. not adding wat the judge ordered on top .

 

at the last hearing no order was made for an amount on top of mmp and in their sar it states ... in march and april

"borrower has paid amount ordered by the court ... no further ordered payments ,so not chased .

[stefaniex]

any veiws ? x

[stefaniex]

sorry to keep asking .. but im hearing they cant do this ... does anyone else have any veiws that i can add to my statement to the court? x

[stefaniex]

looks like im on my own ..... thanks x

[Lea_HTH]

I don't understand why you're asking for views from 'anyone else'. Do you feel there was something wrong with the advice you were already given? Have you done the things that were suggested to you?

 

You were asked when your court date was - I am sure Ell-enn will help you with the statement you need to do once she knows when the hearing is.

[stefaniex]

i asked for any veiwson wat to write in the statement ... i have nothing but praise for the people that have advised me .. but i do not know how to respond to their statement

and that is the help i am asking for x

[stefaniex]

these are the points i woiuld like to make but dont know exactly how to go about it

 

 

1 quoting the mcob ruling

2 the term 25.1 in my terms and conditions have been found to be unfair and scotish bank was asked to change the exact term

3 the fsa compaints team are looking into my contract

4 the FOS have stopped looking at my complaint pending the outcome of the hearing

5 their payment records are all wrong ... eg on 8 3 2011 i owed a certain amount of arrears on one letter and another 10 days later it had gone up by 600

 

6 they cannot add up ... i have a letter payments due ....payments made ... add charges and it equals a totally different amount

 

7 i have been charged 115 even wen an arrangement was set up by the court

 

 

any help would be very much appreciated .. i have 2 weeks until my hearing ..

 

thank you x

[stefaniex]

IN THE COUNTY COURT CASE NO:

BETWEEN

PREFERRED MORTGAGES LIMITED CLAIMANT

 

AND

DEFENDANT

 

 

 

WITNESS STATEMENT OF

 

 

1. I am the defendant in this case and i am replying to the witness statement of

........................... acting on behalf of acenden .

 

 

I would like to bring to the courts attention the MCOB rules laid down by the FSA ( appendix 1 ) that states

 

When a customer has a payment shortfall in respect of a regulated mortgage

 

Contract , a firm must ensure that any payments made are allocated first to paying off

 

The balance of the shortfall ( excluding any interest or charges on that balance )

 

 

 

I would also like to bring to your attenention that the terms and conditions are

 

Misleading .

 

The FSA unfair contacts team have recently found clause 25.1 to be unfair and asked

 

The Scottish mortgage co to change it saying

 

A term appeared to give the firm extensive freedom to impose charges on customers. It also said that customers would pay the cost of any enforcement proceedings. The term appeared to allow unreasonable freedom to impose charges. It also appeared to make customers pay for enforcement

[stefaniex]

IN THE COUNTY COURT CASE NO:

BETWEEN

PREFERRED MORTGAGES LIMITED CLAIMANT

 

AND

DEFENDANT

 

 

 

WITNESS STATEMENT OF

 

 

1. I am the defendant in this case and i am replying to the witness statement of

........................... acting on behalf of acenden .

 

 

I would like to bring to the courts attention the MCOB rules laid down by the FSA ( appendix 1 ) that states

 

When a customer has a payment shortfall in respect of a regulated mortgage

 

Contract , a firm must ensure that any payments made are allocated first to paying off

 

The balance of the shortfall ( excluding any interest or charges on that balance )

 

 

 

I would also like to bring to your attenention that the terms and conditions are

 

Misleading .

 

The FSA unfair contacts team have recently found clause 25.1 to be unfair and asked

 

The Scottish mortgage co to change it saying

 

A term appeared to give the firm extensive freedom to impose charges on customers. It also said that customers would pay the cost of any enforcement proceedings. The term appeared to allow unreasonable freedom to impose charges. It also appeared to make customers pay for enforcement

 

this is what ive done so far x

[stefaniex]

statement handed into the court and copy posted to the solicitors .... 2 hour hearing on monday .. will keep you updated

would like to say a big thank you to everyone that has helped me x

THANK YOU XXXXXXXXXX

[sawyer]

Good Luck x

 

 

statement handed into the court and copy posted to the solicitors .... 2 hour hearing on monday .. will keep you updated

would like to say a big thank you to everyone that has helped me x

THANK YOU XXXXXXXXXX