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Advice please re. Restored possession hearing
We took out a 90 month second charge loan in 2005 with a company well known to these boards.
We missed one payment early in the loan, which the lender agreed could be added to the end of the loan, meaning it would end in Jan 2013 instead of Dec 2012. It was also agreed verbally very early in the loan term that we could change the payment date to 1st of month. Letters received after that saying we were in arrears, but when I phoned to ask what they meant I was told they were just computer generated letters triggered by the original funding date and not to worry as the new payment date was ageed.
Last year there was a mix up over the end date, so one payment missed and they started repossession proceedings. This was generally adjourned as the lender had said they had received payments, but I attended the court anyway and was surprised they had a solicitor there, although they didn't come into the hearing as their instruction had been withdrawn. I agreed with the judge what payments I would make. 87 payments had been made at that point and I would pay the remaining 3 ending at end of Feb 2013. Meaning that the loan would be paid one month later than anticipated originally.
The reason they have restored the case is because I am disputing the charges they have claimed for, over £12000, now reduced to just over £10000 as I complained. There are no arrears on the loan now, just these charges. They are now saying that there was no agreement to add the missed payment to the end of the loan, although it took them 6 years to mention this and that we made late payments every month. I have a recording of a phone call where they confirm that the changed payment date was agreed! The first I knew of these charges was when I saw them on the court papers, we had never received any statements showing them.
There is lots more I could say about why I think these charges are unfair, but just wondering what to expect at the hearing. Any advice very welcome and thank you in advance.
We missed one payment early in the loan, which the lender agreed could be added to the end of the loan, meaning it would end in Jan 2013 instead of Dec 2012. It was also agreed verbally very early in the loan term that we could change the payment date to 1st of month. Letters received after that saying we were in arrears, but when I phoned to ask what they meant I was told they were just computer generated letters triggered by the original funding date and not to worry as the new payment date was ageed.
Last year there was a mix up over the end date, so one payment missed and they started repossession proceedings. This was generally adjourned as the lender had said they had received payments, but I attended the court anyway and was surprised they had a solicitor there, although they didn't come into the hearing as their instruction had been withdrawn. I agreed with the judge what payments I would make. 87 payments had been made at that point and I would pay the remaining 3 ending at end of Feb 2013. Meaning that the loan would be paid one month later than anticipated originally.
The reason they have restored the case is because I am disputing the charges they have claimed for, over £12000, now reduced to just over £10000 as I complained. There are no arrears on the loan now, just these charges. They are now saying that there was no agreement to add the missed payment to the end of the loan, although it took them 6 years to mention this and that we made late payments every month. I have a recording of a phone call where they confirm that the changed payment date was agreed! The first I knew of these charges was when I saw them on the court papers, we had never received any statements showing them.
There is lots more I could say about why I think these charges are unfair, but just wondering what to expect at the hearing. Any advice very welcome and thank you in advance.
