I have received a letter from Acenden re deeds. I asked the FOS could they request them for me. Just logged into my account with them and they've charged me £65. Not only that there are another 2 deeds and LR docs of 4 other people in there as well.

Can someone take a look at the Particulars of Claim please

1. The Claimant entered into an interest mortgage agreement on or around 17/02/2006 with the defendant in the sum of £68,235.00. The interest rate at this date was 7.09%

2. The mortgage is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR).

3. The defendant is statutorily bound by Financial Services Authority regulations – mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets

4. The mortgage first fell into arrears on 03/05/2006 after the claimant fell into difficulty and missed that months payment. But caught up the following month. During the term of this mortgage there were numerous late payments but also cheques paid in to cover arrears. However by the 01/11/10 the mortgage balance still stood at £69,430.84. Higher than it started even though extra payment were made.

5. The defendant levied various fees throughout the term of the mortgage as detailed in the Schedule of charges against the claimant. Most of the said charges were between 2006 and 2010.

I will rely on the case of Kleinwort Benson v Lincoln City Council with regard to any penalty charges levied that are older than 6 years but still claimed under s.32(1)© limitation act 1980.

6. The defendant levied further interest upon the said charges.

7. The charges were levied at a rate which exceeded the administrative costs and are not a genuine pre estimate of loss and therefore a penalty, deeming them unlawful.

8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR.

9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB.

MCOB 12.5.1R01/07/2009

A firm must ensure that any regulated mortgage contract, home reversion plan or regulated sale and rent back agreement that it enters into does not impose, and cannot be used to impose, excessive charges upon a customer.

10. For these reasons the interest charged on the charges is also unlawful.

I therefore claim the following

a) Charges and additional interest levied £3397.88

b) Interest at 8% simple from 03/05/2006 to date £2,474.45

c) Total amount claimed to date £5,872.33

ci) Interest continues to accrue at a daily rate of 0.00022% or per day until judgment or earlier

Here's the spready

Spml StatIntSheet april.pdf

Spreadsheet is fine cruz but include the latest £65. The poc is far too long winded.

Keep it simple, it doesnt need to be so expanded for a poc.

Thank you. How do you suggest I edit it down?

look at any claim on here and see how short and condensed they are with just basic information.

If you prefer one with more info then have a look at the one i used beliw

http://www.consumeractiongroup.co.uk/forum/showthread.php?452397-Claim-for-GE-money-fees-***-Settled***&p=4918258#post4918258

Its not so easy to find in my thread so heres a link to it

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=62837&d=1461854286

Just to let you know. I haven't bailed on this but a lot going on at present in respect to another thread.

But have everything ready to go and need to raise some funds fot the court fee and then I'll be going for it!

Have you looked into fee remission?

You may qualify if you fit into certain criteria.

See form EX160 and EX160a for more info

I doubt I will cos of what I earn. But will look at them. Thank you

Hi,

Just wondering if it’s too late to issue court with these.

And would I have to start the whole thing again?

How do I go about it. The mortgage started in feb 2006 which now means we are over the 12 years

yes ofcourse you can

Just refresh me where do I start.

They declined and I took it to the Fos they Look at post 169 and 196

the start date isnt the one that matters, you still have a live account so you can claim any time until 6 years after that is settled.

That doesnt mean you want to wait or you will be continually paying them money you dont owe and interest on that to boot.

Calculate where you are today and hit them with that plus interest from whenever the error occurred up until judgeemnt .

Interest will be at the rate they set or 8%, whichever is the greater

When I went to The Fos said something about 3 and 6 year rule though

From when you ought to have know

Yes and they made out I knew about charges long time ago.

But it was sar 2 years ago that really threw it all up