Prestige Finance - 2nd charge secured loan - going for home repo - help!

[denysemarst1]

Sorry also forgot to thank you so much for guiding me so far

[dx100uk]

I said use the statint sheet for the letters

and the PPI

 

 

not the CISHEET set to 8%.

or 15.91

 

 

copy and paste the first 3 cols into of each sheet into a copy of the statint sheet

one for PPI

one for letters fees

 

 

the rest DO USE the CISHEET and their int rate

 

 

dx

[denysemarst1]

Sorry Sorry obviously still ruminating about bats!! (don't ask) is this better?

[dx100uk]

hey that's better

 

 

now ofcourse you need to change the top black bar title to say

 

 

Letter Penalty Fees Reclaim at statutory 8% Simple Interest

 

 

and the bit below right that says monthly payment of PPI

 

 

......on the PPI one

I notice the amount of charge varies sometimes

and months are missing

so you didn't pay every month

and some months you paid less/more than the supposed PCM on the agreement?

 

 

dx

[denysemarst1]

Thank god for that,

I was beginning to lose the will to live lol,

 

 

yes that is correct I did not pay some months, but made two payments some months,

 

 

a couple of times I cleared the arrears that's why the payments vary,

 

 

interestingly I was only £99 in arrears when the loan should have ended in August 2014 and if I had known this I would have paid it! and

 

 

considering all the stuff I had been through during this loan,

I think I did quite well because for 2 years of this time I had no income!!

When the last bits have been changed where do I send them to?

 

I can't really thank you enough for all the help you have given on this,

I would have been really stuck without it,

if I do get anything back from them (and I know it's a big if)

I will most certainly donate some to this site

, it's an absolute godsend to people like me.

 

Thank you once again.

 

Denyse

[dx100uk]

I would make/send two separate 'claims'

 

 

the PPI one

[Dont forget the FOS questionnaire

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

 

and a covering letter like those attached.

 

 

so that will be three documents for the PPI 'pack'

 

 

..............

 

 

the penalty charges will be another 'pack'

 

 

there are penalty charges covering letters

but you'll have to adapt them as they are old.

 

 

or see shabresheeps threads or Shelley's thread

[denysemarst1]

Thank you, I have now changed the headings, and will look at the FOS thing tomorrow plus the letters and I will find an appropriate one for me, so I take it that I send one pack to the FOS and one to Prestige?

[dx100uk]

nope both to pres

nothing to do with the FOS . yet

that's just the std industry PPI questionnaire.

dx

[denysemarst1]

Hi All,

 

Having completed the spreadsheets,

I received a response to a letter I sent them recently with several questions on it,

 

their response is in keeping with the chaotic nonsense they have been supplying all along,

for example I asked them what the enquiry fees are (not the instructing enquiry agents, as I am intelligent enough to know this)

 

their response is to explain the charges in relation to the enquiry agents,

and they have ignored the 15 various charges for enquiry fees throughout the loan period.

 

I also asked them to explain why they were charging for 41 letters,

and that they had applied that charge in 2008 6 years before the end of the loan,

 

I asked how they had 'predicted' this would be the number of letters,

and also that there is evidence (supplied by them) that many more had been sent right up to 2014!!

 

I am beginning to think I am dealing with complete idiots (yes, even worse than me given my history of not understanding how to do the spreadsheets very well)

they answer nothing,

they evade transparent answers

and still maintain they were not responsible for mis-selling the PPI

and accusing the actual insurance Premier Writers,

 

incidentally they go on to tell me that Premier Writers have now gone into liquidation!!

and my complaint should be made to the FOS,

when in fact I only spoke to one of their agents and they have supplied me with a copy of the disc of the conversation,

 

the problem is with this disc is that a large part of the conversation which I can remember is missing,

but regardless of this the agent insisted that although I had a pre existing medical condition,

there were many other reasons for the PPI,

he also knew I was self employed (and this is evidenced on the actual agreement)

 

he made no attempt to consider what would be the best insurance (if any) to suit my position,

and he failed to inform me that I was at liberty to source a different insurance company and policy.

 

I have a very good friend who is a criminal barrister and I did not want to trouble him with this (as he is really busy)

but in the end I mentioned it to him (as I just wanted to know how to present my case at the court hearing)

he reckons that they won't have a leg to stand on with this PPI claim because of the reasons above,

regardless whether they cropped the conversation.

 

In their letter they have invited me to contact them regarding coming to an agreement before the court date,

but I am not sure about this,

 

I already offered them the £400 overpayment on the loan but they have refused this

despite the fact that I can only justify £200 of their litigation charges.

 

My friend totally agrees with an earlier response that it would be highly unlikely they would grant possession due to the dispute of the charges.

He told me to respond to their letter firmly and guided me on what to say, I am posting my response up.

 

Again I would like to say a big big thank you to everyone who has helped me with this matter,

your support has been great and I am indebted to you all. I will continue to update this thread for anyone interested.

Strangely I am almost looking forward to having my day in court, and I feel quite optimistic. Wish me luck on this one.

 

I've uploaded the letter I sent today and have attached the spreadsheet claims to it,

my friend did help me a little with the content and the manner in which I should sent it,

he is a great person but can be a little caustic in his approach

[denysemarst1]

Hi All,

 

Time is moving on now towards the court hearing on the 24th and Prestige have made no attempt to answer my last letter

and several requests to explain their charges etc.,

 

 

I have forwarded the spreadsheets to them and have not received any reply at all,

they are evasive and when asked direct questions have chosen (in my opinion) to deliberately misinterpret the question and have given incorrect answers.

 

In view of this does anyone think I should try and apply to the court to strike out the case?

[dx100uk]

well the fact is they have 8 weeks sort of

but ofcourse you will be using those to counter their claimed sum.

[denysemarst1]

Given they have 8 weeks,

would they not be asking for a further adjournment to answer the questions I have raised,

because they are valid and I don't even think they have answers for them,

 

 

this was evidenced when they completely misinterpreted the question I asked about the enquiry fees

which appear throughout the loan and are not in their T & C's.

 

 

They chose to answer what the Instructing Enquiry Agent Charge was

which I was perfectly aware of what that charge is.

 

 

Also they have failed to explain to me how in 2008 they knew they were going to claim for 41 letters,

when in fact we know they sent many, many more than this and I have the copies they sent to me,

and as we know they are not the type of company who would be sympathetic and cap their charges!

 

 

It's not that I am not prepared to attend but I was looking at information pertaining to the striking out of a claim

and I see that in the Practice Direction (3A) rule 3.4 (2a) there is a rule which states that a reason for asking for the case to be struck out was

- ‘those which are incoherent and make no sense’.and TBH their explanations make no sense to me!!!

[dx100uk]

I'm not legally minded

so lea or ell-enn can answer that.

 

 

but ofcourse the question must be asked..

 

 

have you told themand the court that you will be using the Fees and PPI as a counter claim to the sum the are after?

 

 

if that's the right words.

 

 

dx

[denysemarst1]

I have not as yet filled in my defence for the court because I thought I would hand one in at the hearing,

I have been thinking that it might be an idea to send one in advance just to save the courts time at least,

 

 

I have made it very clear to Prestige that I will most certainly be making a counterclaim

and I have sent them all the spreadsheets you kindly helped me with.

 

 

They have made no reply to them so far.

Btw the other thing they could not or would not sufficiently explain is why they put a substantial adjustment figure to the costs sometime in 2013,

and I have looked at the document they sent and I made regular monthly payments since 2010

(when I was back at work) and did complete the loan on time,

I am hoping the court might look favourably at that.

 

Oh and I forgot to tell you that

 

 

I am in touch with another person in similar circumstances to myself with Prestige,

she defended their claim and they never turned up to the hearing!

 

 

but I don't really want this to happen because I think whoever they send should be made to answer my questions!

[dx100uk]

I doubt your questions will form any part of any hearings unless you tell the court!

 

 

I'd poss let it run to court

I think we've seen this no show from these people several times before

once they know the 'defendant' is questioning their figures

 

 

dx

[denysemarst1]

So I'll email the defence petition to the court so they will at least see the problems with the claim and why I am defending it? If they are not going to turn up I won't be very happy it's going to cost me about £500 to go there (loss of earnings for the day) will they pay that then? I doubt it!!

[dx100uk]

I am unsure how/if you could claim costs

that's for the others.

 

 

 

 

 

 

dx

[denysemarst1]

Thanks you have been more than a help to me, I do not expect for a minute they would and anyway I would not particularly want the court to know what I earn a day it might encourage them to make me pay up if indeed they do turn up so I think I will leave that one

[denysemarst1]

OK its official I am dealing with complete idiots!!

 

 

They replied to my last letter yesterday and for some reason seem unable to understand what my request was,

I asked them to explain the difference between 'enquiry costs' and 'instruct enquiry agent costs were'

they have now said that the enquiry costs were for instructing the enquiry agents,

and the variation in the costs were down to whether I was in or not!!!

 

 

OMG what is wrong with them??

No one has visited here for over two years yet the enquiry costs go up to the end of the loan period.

 

 

Also they sent a breakdown of the costs they are applying for and none of them match previous explanations,

I am 2 days away from court and I am losing the will to live with them now!

 

 

I have submitted the N9a defence form but haven't heard from the court whether it has been allowed,

I am hoping it will if only to save a bit of time.

 

 

I do not know how this will go but pity the person they send to argue their case,

because he/she is not going to be able to explain the three or four different breakdown of costs.

God knows what is going to happen on Friday!!!!

[denysemarst1]

Well Well had my day in court this morning!

 

Prestige did send a representative! as we were waiting

she introduced herself and who she was,

she then suggested we have a little chat before going in to court.

 

I declined (very politely) as I informed her I had nothing more to say

and that Prestige had been given the chance to resolve this

and it was now up to the court,

she did not seem happy about this but accepted it.

 

Once in court,

she proceeded to ask for 28 days extra to present the claim!!!!!!

She gave the reason that I had not submitted a defence (however I had thank goodness)

she was informed of this and quickly moved on to the fact that they had not seen it,

 

I had to accept this, the Judge asked me if I was happy for him to give them the additional time,

I said in light of the fact they had not seen the defence I would agree,

 

however there is nothing in the defence document that Prestige had not been made aware of,

he thanked me for my consideration and commented that this was a very unusual case

because Prestige were attempting to gain possession of my property based on charges applied,

he acknowledged that the loan had been totally repaid including a rather high interest rate.

 

He gave some advice to the other solicitor which was:

 

1. He would grant them an additional 28 days plus two weeks,

he urged her to advise Prestige to settle this within the time

as he did not wish to see this before him in six weeks time (still disputed)

because he would have no alternative than to pass the matter to a higher court

which would incur considerable costs,

he also commented on the fact that I had made a proposal to them and suggested they revisit this!

 

2. He made reference to the fact that costs identified in the terms and conditions of a document dated 2006

may not be viable now, given the thousands of claims that have been successful.

 

3. He suggested that she inform Prestige to be transparent when answering my questions as I had a legal right to know the answers,

 

I think all in all he was very fair to me,

he said he was grateful for the defence I put in to avoid wasting court time,

 

he did not appear happy with the case and more or less said so,

he also said that it appeared I had very solid grounds to put a counterclaim in for charges and PPI

and if this happens, the case could go on for a very long time which should at all costs be avoided.

 

So I think this was as successful as I could have hoped for,

I will now await contact from them,

but I will not be proposing any increase on what has already been offered

so I'll leave it up to them,

 

I got the distinct feeling that the judge was suggesting that if they came to the table in six weeks time

with no resolution in place he would not be happy.

[dx100uk]

I concur

well done

 

 

dx

[denysemarst1]

Hey dx how are you, I want to thank you for everything you have helped me with, I do feel like I am in the driving seat now and boy are they in for a rough ride

[denysemarst1]

Here we go again, these people must be MAD!!

 

They sent me an offer which only reduced the amount by the letter charges, which they had no hope of getting anyway!!

 

And they have the gaul to say we are in settlement negotiations, we are NOT!!

 

And I have now had to ask my mate who is a barrister and head of chambers, I didn't want to bother him but if they are going this far I think I have to, he won't charge me anyway which is why I don't like asking him, but

 

 

it's clear we will not reach an agreement before the next hearing and if the judge escalates the case to a higher level, which he said he would do, then I am not so confident unless I know what to say, and he is the only person I can think of who can help me on this.

 

It's interesting however that when I was having problems with these people, I was also getting charged by my bank Halifax for letters and returned direct debits etc., I did however challenge them and I got every penny back!!

[dx100uk]

well they cant ignore your right to stat int on those amounts surely?

 

 

dx

[denysemarst1]

You think?

 

They have managed to ignore almost everything I have asked them to explain,

 

I think we are now in a situation where nobody knows what is being said,

 

My friend the barrister cannot make head nor tail of all this and agrees it's absurd what they are trying (he said much stronger words to me!)

 

I think that Prestige are just going on information from their solicitor as they were not at the hearing,

and I also think that if Prestige are confident that they have a strong case for possession it must have come from their solicitor who was there,

I think also that they have been given incorrect information because that was certainly not the impression I got!

 

Obviously they have a vested financial interest in carrying on,

my concern however is that the Judge did say that he would not be prepared to deal with this in the county court

because it was an 'unusual case' (because it was based on costs, and the loan together with interest had been paid in full)

 

 

I cannot believe they are going to go ahead with this, it's obvious we are not going to reach any reasonable agreement,

and therefore the judge will escalate this when we next appear.