Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default london mortgage company

    Wondered if anyone can help. I did have a secured loan on my property, which was paid off last year. This company charged me £1,251.26 early settlement fee, Legal & discharge fee of £75.00 and interesticon of £160.42 - is it worth sending letter to them asking for my money back? Any help would be gratefully received. Do I send the template prelim letter?

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  2. #2
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    Default Re: london mortgage company

    Hi Kendraflo,

    Was this secured loan under 25K if so there is a possibility that it is governed by CCA 1974. In which case if you contact your local Trading Standards they will be able to tell you if the early settlement figure was right. If you click the link on my signatureicon you will find further info on page 3

    If it was over 25K the CCA will not apply and I would suggest you send a preliminary letter asking them to justify the charges if they don't then claim them. You will find template prelim letter in my thread (page 1 post 14)

    Hope this helps

    Zoot


  3. #3
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    Smile Re: london mortgage company

    Hi Zoot,

    The secured loan was for £25,000.00 and was repaid in November. They charged us an early settlement charge plus interesticon etc of nearly £2,000.00. Am I entitled to claim this back?


  4. #4
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    Default Re: london mortgage company

    If you reread Zoots reply she has actually answered your question, send them a letter asking them to justify charges and break them down, then send lbaicon, check out Zoots settled thread for more info on letters.

    Sam

    I'm a Foolish person

    IGroup ERC £1928.64 Ist letter sent 12/9
    LBA sent 26/9
    Moneyclaim input 13/10
    Claim acknowledged 6/11
    Received fob off letter 11/11
    AQs sent back, IGroup request multitrack and hearing

  5. #5
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    Default Re: london mortgage company

    Hi SammyJammy

    Thanks for clarifying - am new to all of this - just read Zoots thread and it has cleared things up for me - will get the ball rolling on this one and see where it gets me.


  6. #6
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    Question Advice needed - letter received

    I have received a letter from London mortgageicon Company this morning - I sent them the great letter posted on this website by Zoot claiming my EPC. They had until 2nd October to reply. They have stated in their letter

    "we are sorry to learn that you are concerned with the settlement amount of your Loan Account. We will commence investigations immediately and will be back in touch with you very shortly to advise you of our progress. We want to resolve your problem quickly and fairly but in some instances, a complex case may take time to investigate thoroughly. So that you know what to expect, we have included our complaints handling procedure for your information. In the vast majority of cases we resolve problems a lot quicker than stated in our procedures."

    Thank you in advance for your patience whilst we commence our investigations. It's actually signed by Matt White - Senior mortgageicon Associate

    (In their complaints leaflet it does say that they will send an acknowledgement within 5 days of receipt of initial letter (this did not happen to me!) and if they are unable to resolve my complaint within 4 weeks they will contact me again to explain why they have been unable to achieve this. They then go on to say it could take up to 8 weeks)

    My questions is - do I now just sent the next letter out or wait until I have heard from them further? Can anyone help

    Kendraflo

    Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

    Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

    First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

    First Direct - S.A.R 21/9/06 - for husband's old account

    Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

    MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

    ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

  7. #7
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    Default Re: Advice needed - letter received

    Send your next letter!
    This is a standard reply buying theirselves more time, and hoping you may not remember to pursue it!
    Good luck

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


    I have been smoke-free for 4yrs

  8. #8
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    Default Re: Advice needed - letter received

    Thanks Cillitbanger - will send off next letter.

    Kendraflo

    Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

    Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

    First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

    First Direct - S.A.R 21/9/06 - for husband's old account

    Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

    MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

    ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

  9. #9
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    Default Re: Advice needed - letter received

    Just looked through the letter templates - can anyone advise which letter I should send now - they have replied, although not saying much and just delaying my timescale - letters in templates don't seem to seem right in my case - any help would be greatly appreciated.

    Kendraflo

    Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

    Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

    First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

    First Direct - S.A.R 21/9/06 - for husband's old account

    Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

    MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

    ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

  10. #10
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    Default Re: Advice needed - letter received

    Hi Kendraflo,

    Click the link on my signatureicon and you will find an lbaicon on the last page of the thread.

    Best of luck

    Zoot


  11. #11
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    Default Re: Advice needed - letter received

    Hi KendraFlo!

    Good luck and just stick to your timetable - if you sent them a repayment request, then follow it up with your lbaicon 14 days later, then Court 14 days after that. That timescale is perfectly fair.



    --------------------------------------------------------------
    HSBC
    Settled in FULL on 8/8/06 - £3619.53


    CAPITAL ONE
    Settled in Full on 6/9/06 - £84.76

    ABBEY NATIONAL (Old N&P Mortgage)
    Settled In Full on 2/3/07 - £307.13

    SPML
    *Court Case Withdrawn - family illness*

    MORTGAGES PLC
    *Court Case Withdrawn - family illness*

  12. #12
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    Default Re: Advice needed - letter received

    Zoot - thanks for your link - your letters are excellant - I will send lbaicon out first thing on Monday - wish me luck - I will keep you informed.

    Les Gunn - thanks for the encouragement - this site is soo good - it really helps to get advice and support from others in the same position.

    Kendraflo

    Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

    Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

    First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

    First Direct - S.A.R 21/9/06 - for husband's old account

    Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

    MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

    ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

  13. #13
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    Default Re: Advice needed - letter received

    Yeah, it's been a revelation this site...and after winning 2 court battles so far, it's about time that avalanche of successful ERC claims gathered momentum

    --------------------------------------------------------------
    HSBC
    Settled in FULL on 8/8/06 - £3619.53


    CAPITAL ONE
    Settled in Full on 6/9/06 - £84.76

    ABBEY NATIONAL (Old N&P Mortgage)
    Settled In Full on 2/3/07 - £307.13

    SPML
    *Court Case Withdrawn - family illness*

    MORTGAGES PLC
    *Court Case Withdrawn - family illness*

  14. #14
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    Default Re: Advice needed - letter received

    here here ill second that !


  15. #15
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    Default Re: Advice needed - letter received

    Yeah, me too. There's going to be an avalanche of ERC success stories soon. Good luck to all!
    Paul

    MBNA: Paid
    Co-Op: Paid
    Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
    Abbey National: Paid
    Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
    Capital One: Paid
    Cahoot: Paid
    Accord Mortgages: Prelim £9,750 LBA 6/10/06
    MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
    Mother in law Nat West: Paid
    Wife's Nat West MCOL issued 26/03/07

    Rise, like lions after slumber
    In unvanquishable number!
    Shake your chains to earth like dew
    Which in sleep had fallen on you:
    Ye are many - they are few!

    (P. B. Shelley, 'The Masque of Anarchy', 1819)



  16. #16
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    Default Re: london mortgage company

    Received letter from London mortgages dated 28th September saying they were sorry to learn that I was concerned with the settlement amount of my loan - they will commence their investigations immediately and will be back in touch to advise me of the outcome - it may take up to 8 weeks - (I think not!) and they send me a complaints leaflet.

    lbaicon sent off on Monday 2nd October by registered post - will let you know how I get on ;-)

    Kendraflo

    Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

    Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

    First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

    First Direct - S.A.R 21/9/06 - for husband's old account

    Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

    MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

    ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

  17. #17
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    Default Re: london mortgage company

    same bumf as they are all sending standard letter you dictate the timescales here my friend your in control issue your letters as planned !


  18. #18
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    Default

    sorry wrong post


  19. #19
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    Wink Re: london mortgage company

    Still no word from London mortgageicon Company - rang them today - was told they had sent a letter on hold on 28th September - said I had received that but I had sent a lbaicon on 2nd October giving them 14 days in which to reply and they had until 16th to get back to me before I issue my claim with the Court for a full refund of the ERC plus interesticon and costs. Lady told me that she would pass on the message to Mr Matt Waite as he was in a meeting - told her to point out to Mr Waite the clock was ticking and he had until 16th October before I issued my claim with the Court - (when I sent the Pre-lim letter I sent the long one Zoot had put together - I did not send them a schedule of charges - I knew what the ERC was and put that in the letter) - should I have sent a list of charges? - I don't want to cock this up now I have gone this far - advice would be helpful please anyone. :?

    Kendraflo

    Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

    Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

    First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

    First Direct - S.A.R 21/9/06 - for husband's old account

    Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

    MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

    ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

  20. #20
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    Default Re: london mortgage company

    as your ERC is one fee i dont think you would haave to send a schedule of charge as there arent any ! i think your ok !



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE