If it was me I would start the action straight away. The banks play a waiting game and dont take you seriously until they get the court action on the door mat. Thay will try and drag it out, put you off, offer you less until either give up or take action. However, this is only what I would do, you have to do what is best for you Stef

Thanks for that - did not realise

I am doing a claim for my brother in law who lives around 100 miles away and does not have a car. I prepared the letters, scanned in his signature and everything is going hunky dorey. I even requested that any info come to my address so I can let him know the next stage and it saves all the backward and foward. He is in the RAF and posted down south and I am in Notts. My question is, when i submit the court papers, can i submit c/o my address or do i have to use his address. They are both in England so no complications on that bit. Cheers

Hi, You go through them yourself and highlight the charges listing them on the spreadsheet. I would be suprised if you can download 6 years worth of charges ??!! I would address the initial letter to your branch

I understand they can only charge us travel expenses, but as I understand it the mortgage terms highlights a section that if they have to defend a claim agains a client then they can ask for costs, even if it is in the small claims court. If the judge thinks you are taking the case to court without a real legal argument then he can still order you pay costs, and the letter states they will seek a cost order. I am not clued up enough to know what I am and am not liable for.

Hi All, Well I recieved a let from DLA Piper today, they have copied the page from here that is advising no new ERC claims, stating the costs are already high, and will increasu substantially if i continue to court. Under my mortgage agreement I could be liable for all costs, even though I am on the small claims track and my mortgage finished 6 years ago. They have offered me the chance to walk away with nothing if I send my notice of discontinuence to the court now. As much as it pains me to do so I think this is the action I will take, I am not confident enough in myself to argue a winning case at court, and by looking at the others cases before me, I do not think I will win anyway. Thanks to all you who helped along the way, especially Zoot, Les Gun and Tamadus. All those who have taken the choice to continue, good luck and I hope you win. Regards Stef (Rascal3103)

Has anybody heard anything from Abbey ?? I have a date of the 22nd March. Not done my bundle yet, but in the light of recent actions not sure what to do. I was nervous enough to begin with. Now I am a wreck. My claim is purely an ERC ANy advice people ??

Hi Ehealey, I am not legally up on everything so I dont know how this affect things, maybe a mod could look at this ?? But, if you still have a copy of the letter then I am sure it would come in useful for the court bundle, if only to point out to the judge that the Shabby themselves consider it a penalty. I would appreciate a copy if that is possible, obviously with your details removed. Regards Rascal

That would be me moss...... I looked on Yell.com, searched for CLydesdale in Glasgow, phoned any of the numbers (did this a few times) ask for legal services, if they ask for a name give them kirsties. They may try and fob you off saying that it is corporate legal services, but they dont have any other, and that is where she works. Dont tell them its regarding a bank claim as they will put you through to the bank claim line, and its basically an answer phone telling you this number no longer exists

Hi Funboy, No they have not closed my account, but ot be honest, I started using a different bank anyway purely because my local branch closed. I have had contact from them when they took away my overdraft, and I have heard others say the same thing Hope

astirman, I too found it very daunting, but if you follow the procedure set down by others in fron tof you then you should have no problems. Take each step at a time, and read up on each issue as it arises, You have loads of support here, and any questions you need answering then just ask. WIth regards to the solicitor, the majority of these claims fall under £5k, and therefore get allocated to the small claims track, this option does not entitle you (or them) to recover costs. That way, all you risk when taking these banks to court is the initial claim cost, and a little more for the allocation questionairre, if your claim exceeds £1500. Remember, "fortune favours the bold"

calam70, You had any offers at all ?

Cheers Les, I am going to give them till the end of Jan and see what happens. Then start my court bundle etc. It was clear from my AQ and other postings i have seen that the Abbey were trying to push for multi track, and one large hearing to cover all in one go. It will be interesting to see how they go forward with the small claims track now they have not got their own way

Hi everybody, Just to keep everybody upto date. I phoned the court today to find out what is happening aa i knew there was an allocation referal on the 14th Nov, and I have not heard anything since. I recently wrote to the court after receiving the AQ from DLA Piper stating they wanted a multi track and the cost would be around £5000, I basically stated all the arguments, quoted ANNALH claim number as she had already been awarded the small claims track, They refered it again on the 22nd Dec and it has been allocated to the small claims track and i have a date of the 22nd March. I have seen that alot of you (Les and Tamadus) have dates before then so it seems I will watch with interest to see if you have offers before that date arises. If they are saying the costs are £5k it would be far less to pay me out. Oh happy days..!!! Hope you all had a nice crimbo and wishing you a happy new year.

good luck matey