Thanks Martin, I am trying to get some POCs for a mortagae arrears claim that I am putting in, but the site says I can't view stuff, is it because I haven't got enough posts?

http://www.consumeractiongroup.co.uk/forum/showthread.php?452397-Claim-for-GE-money-fees-***-Settled***

Have a read of my GE thread here, there's everything you need right there

Martin

Hi Martin

Thanks as ever for all of your help I have filled in my N1 form but to date I have not filed it as I have been busy with work etc,

GE have sent a reply saying they have assesed my complaint in accordance with there internal complaint handling procedure and the complaints handling rules.

Basically I think they are saying the fees and charges are outside the time limits and they reject this element without consideration of the merits under DISP 2.8 ( what is this )

This was for a secured loan on my home ( second mortgage ) is there any difference if it was just on a first mogage ????

they are also saying they will not be consedering the fees and charges applied to the loan account in the six years prior to my complaint

am I correct in thinking this is wrong and you can claim for 12 years.

But they then say we had periods of ill health and bereavement in mind and would like to offer £50.00 as a gesture of goodwill what do you make of that ????As I have said it does not worry me or bother me going to court but as ever there is always a but.

What are my chances of winning ????? I have had to sell our house we now live in rented and the though of getting lumbered with thousands of pounds in legal fees from them if I lose

Ignore what they have said in their farcical response.

You can re claim all charges, even those over 6/12 yrs ago by virtue of the Limitation Act 1980 s32 (1)©

http://www.legislation.gov.uk/ukpga/1980/58/section/32

You have an excellent chance of getting them to repay these charges plus compound interest in restitution, the trick is simply to prepare carefully and set your stall out for success.

If your now ready to file your N1, post up the POC for checking and then your ready to go.

Whats a ball park figure you will be reclaiming? Less than 10k and you wont have worry about costs, more than 10k you will "possibly" liable for costs if you lose, BUT, they will not fancy a day in court and i strongly suspect that even if over 10k, they would settle beforehand anyway.

Hi Martin

Hope your well i am making 2 claims the first is on my first mortgage

amount for first mortgage claim is £1,663.18

claim date from 26/10/2007 to 24/08/2016 at 6.62% interest ( first fee charged is £30.00. 3225 days elapsed compound interest is £22.86 does that calculation seem correct.

amount for second mortgage claim is £2,804.62

claim date from 17/07/2007 to 24/08/2016 at 10.25% interest (first fee charged is £20.00. 3326 days elapsed compound interest is £28.66 does that calculation seem correct.

After i have read your posts these ammounts need to be correct before i go to court.

I want to try and get them both into court on the same day and get this all sorted.

I will try my hardest to get the claims filed this week again could you please explain what is a POC ?? and how do i post it ??

Thanks

Hello there.

POC means particulars of claim. If you click on the letters POCs in your post or mine, you'll go to a screen with an explanation.

HB

Calculations look correct to me, providing the spreadsheet is completed correctly they will be spot on.

You can issue both sets of fees as one claim and reference both account numbers, saves spending double on court fees and keeps bith to the same schedule ensuring same date for hearing (not that it will go that far imho)

When I get them into court will the decision on the first hearing be it all wrapped up or will they appeal the decision or will they drag it out for a longer period of time just trying to think of the timeline in bringing this to an end.

How long did your claim take from start to finish??????

No once the hearing is concluded thats it, whatever is ordered is ordered and its quite rare for a judge to allow an appeal as he then allows his judgement to be questioned.

All in all from the initial request for repayment to conclusion took around 6/7 months i think but could have taken a full year or more had it gine to court

Hi

Does anyone have a template for a POC letter that I can take a look at just so I get it right.

Thanks

Post 77

Hi everyone hope you had a good christmas and new year

I have still not managed to submit papers yet but have a few questions you may be able to answer for me i have down loaded the POC from post 77.

1: Do i need to put my name address mortgage company and reference number and sign and date this or just attach the document as a letter headed Particulars Of Claim ?? with the other papers

2: Interest i got a reply on post #15 the interest rate they charged me was 10.25% the post was replied to as "wont hurt" do i need to reduce this to 8% just the letters i have sent to them will have the interest charged at 10.25% or when i go to court will they just adjust the rate as applicable?? Just i want to get it right first tme without any hiccups and more charges.

3: If i am succesful and i win can i claim back my court costs do i mention this to the judge or will they mention it to me ???

One question regarding the charges and the interest can i adjust the charges and interest to the day that i submit my claim in other words maximising all costs to the date submitted to court or do the charges and interest get charged the day the judge makes the judgement

On your spreadsheets you will use 10.25% as you are claiming compound interest in restitution. That spreadsheet should be upto the date the ckaim is issued.

From the date the claim is issued you then use s69 interest at 8% until judgement or earlier settlement.

So theres 2 interest rates applied, 1 pre claim, at contractual rate, then 1 post claim at simple rate as per s69.

Thanks Martin for your reply sorry but a little confused.

Is this correct ??? the day i submit papers into court and make payment ,do i ?? include all the copies of what i have sent to the defendant's the list of charges which has the 10.25% restitution interest on as you have said this is PRE. What about the POC this has on the bottom interest at 8% when do i submit the POC i thought this would have been at the same time as make payment.

If this is 8% when do i submit this as you say this is post do i give this to the judge on the day so if it has taken a month to get into court on the day i submit a months worth of claim charged at 8%.

So the total ammount of the pre claim plus the post claim added together on the day judgement is made by the court.

Do i put my name address etc on the POC or just submit it without

If you are submitting via mcol online then condense the PoC to fit as you only have limited space. You can always send the full PoC afterwards as long as you state so in the online version.

Sorry if ive confused you anywhwere regarding the 2 interests applied.

Firstly, you are claiming the charges plus compound interest in restitution at the contractual rate, in your case 10.25%, this is what iscentered into the spreadsheet and when you print it off on the day you submit the claim, it will have calculated interest upto that date. Thats where this interest ends.

From the claim date, you then begin adding interest at S69 8%, this is included in the PoC, but is only awarded at the courts discretion if the judge agrees you should also receive this.

You will see it written in thousands of PoC's on here as something like, s69 interest is currently £1.27 per day until judgement or earlier payment.

It only begins to be calculated at 8% from the date the claim is issued, upto that point you are claiming compound interest in restitution @ 10.25%.

Obviously you cant submit the spreadsheets online at this point, they are sent to the court and the defendant later in the process by way of service.

Your name and address etc go on the claimform whether it be online or posted as a hard copy.

http://www.consumeractiongroup.co.uk/forum/showthread.php?452397-Claim-for-GE-money-fees-***-Settled***

Have a read of my GE thread here

Thanks martin2006

First thing thanks for all the help on this site is giving me i would be totally lost without all the support i am after some more help filling inn the N1 form has got me beat

1: I am claiming 2 lots of charges do i have to put 2 different claim forms inn, will i be charged twice for submitting two claims ??

2: Where it has In the at the top of the form ,Do i put ( county court money claims centre ) ??

3: Can i claim in my name only as the documents i have sent to the defendants have both me and my wife's name on ??

4: Brief details of claim can i just put in here claiming back charges that were applied for late payments etc and for the resoloution repayment of all my monies ??.

5: Value do i put in here the total ammount from my spreadsheets What about claiming back the court costs ?? where do i put this ammount ??

6: Ammount claimed do i put in here less than £10,000

7: Court fee the total of both claims in less than £5,000 but with the court costs they are just over by a few pound will i be charged £185 as this is the claim ammounts with interest it is the court costs that put it over the £5,000 or will i be charged £410.00 for being a few pounds over ??

8: POC can i put in here a full POC to follow if a hearing is required ??

9: Statement of truth it lets me type my name in here but it will not let me type my name in where it says signed ??

10: When i file the N1 forms on line is that all i am filing nothing else ,do i need to attach any document at this stage or is this the first step and if they require any more details they will contact me ??

Sorry this is so long and i am asking so many questions i am getting ready to file and just want it to be right first time without any hiccups , this is the last thing to complete all spreadsheets etc are filled inn.

Could anyone give me some help in relation to the above post 93

thanks

Good Morning

Can any caggers please give me some direction on filling out a N1 form please I have posted in post 93

thank you

Hi TM, bear with me a minute, back soon.

1. I see no reason to submit 2 claims, bith sets of charges can be added together in 1 claim.

2. If your issuing a paper claim yes although you can do it online, unless you qualify for fee remission, in which case you will need to issue a paper claim plus an EX160.

3. This depends on the situation. For me, i did it in single name even though the ex wife was joint to the mortgage. It may be brought up by the defendant solicitor, it may not. If you are on good terms then it may well be better name your wife as joint claimant.

4. You could draft the POC and attach it to your N1 paper claim and note its attached in that box.

5. Yes, put the value of the claim less the costs, this is added in later in the form( bottom right)

6. Yes if its less than 10k

7. You could manipulate it a little to keep it under 5k if you wish, otherwise you will pay the higher fee, but if you win you will get this back anyway.

8. As *4

9. Print it iff once filled in and sign before sending

10. I think the above covers this one. If you are sending a paper copy in then attach the POC to it. Dont fike it online and then send a paper N1 aswell, its one way or the other, duplicating is very much frowned upon as it wastes court staff time.

Hope that answers everything TM, if ive missed anything I'm sure Andyorch will jump on thread.

Thanks very much for the reply

TM

Hi everyone

I am hoping to get all paperwork filled in together to hopefully submit the claims online this weekend

Just a pointer on Point 1 on the above post #97 i am submitting 2 claims to 2 different companys can i still add them together and and pay only 1 fee how can i link them if i submit online ???

On the POC it has the following i can't understand this bit for instance say all charges are £!0.00 including interest levied are £12.00 Charges including interest levied - £xxxxxx do i put £12.00 in here

The claimant seeks the return of these unlawfully levied charges plus interest to date

Interest @ 8% - £xxxxxx in here do i put £2.00 which is the interest

Total - £xxxxxxx Then do i put £12.00 in here again as the total

The interest charged on mine was 10.25% do i just change the interest to read 10,25% instead of 8%

If i put the date to collate interest a couple of days before submission this should bring it uner the 5k and get it on the lower fee will this be OK to do ?? i am able and i am paying the fee

You also say print it off before sending if i am submitting it online so it only lets me type in on the statement of truth it will not let me sign where it says signed does this matter ?? or will signing the statement of truth be OK.

So when i File 2 N1 forms one for each Defendant and 2 POC 1 For each defendant and nothing eles ??

Good morning

was hoping someone could give direction with the questions in the above post.99

Also have one more question this hopefully will be the last before I file the claims online how or what do I do regarding the fees I am submitting two claims coming to under 5K so the fee is £185.00 do I put £92.50 on each of the N1 forms making a total of the £185.00 if not how or what do I put in the fee boxes of the N1just want to get it right 1st time without any hiccups.

Thanks TM