Sorry forgot something as i was rushing out Listen very carfully to what is being said, the judge might drop you a hint of help. listen to both sides what he says to you, and them take notes. He qestioned the other side on were they going to call an expert they said no he said yes i supose the xxxxxxx case will fall at that point if they cant prove it, in other words I think he was telling us we need to prove what we were saying by others not just our say so (( we can) I think the Judge might have been doing that with Morgy and she's got to get a transcript because she cant remeber and Oh I dont blame her we have come out not knowing what was said so listen and ask if you dont understand too many of us get overawed by the proceedings and miss things what time is your case and I will be thinking of you Bona

No take your paperwork just in case be prepared and look smart shirt tie and jumper dont look like a solicitor my hubby work a jumper strousers etc I would like to think we looked smart but not profesional , have to go and teach a load of kids will look at this sight when I get back Bona

No we did not go through any paper work it was listed for half an hour and took about 25mins No but we guessed they would I asked him where he came from so later we could establish that there were nearer chambers and his costs should therefore be proportinate (sorry cant spell) Honest I dont think you need worry dont get drawn into auguments and just answer questions the Judge asked if you dont know say and if they try anything odd ask for time to get advice, The DJ asked us if we got advice we said yes of the Depatment oc Constional Affairs Web site and The Internet he said watch the internet any one can post anything but I think we all know that but I have to say information I have gleened from this site is helping also the fact that we are not alone helps.

Hi Just got back from directions hearing all went well the DJ said he wasnt there to decide who was right and who was wrong just to make a time table of does what. We asked for extra time on one poin whaich he gave us When we didnt understand we asked saying we didnt understand what he meant all was very friendly the othersid had a Barrister but we dicided if we didnt tlak to him he could brow beat us so thats what we did , I cant say I enjoyed it but it certainly was worth all the worry hope yours goes allright Bona

Hi Morgy When will you get the transcript do you know, dont be afraid to write to the Judge that cost you nothing and it costs the otherside nothing their costs go on when they have to do something, if the Judge allows your appeal then you will have to think you can always withdraw or offer a settlement to the otherside ie you wont appeal if they cut you costs in half, what I'm trying to say is that writing a letter wont harm or cost you but not writing it may if you see what I meen what do others think

Try looking under posts removed from hiJacked thread no idea what it means

Don't panick I have a case conferance on the day before, just remember this ,if you dont' go you will not know what was said, it is not the trial it is a hearing to decide what way to go you can ask for the other side to give you information this is disclousure they can ask the same of you The DJ will decide what is best for both parties. If they come up with an application for example they might say that your case and has no merit and it should be struck out , ( probally wont but best be prepared) you need to tell the judge this is the first you have heard of this and you need to take advice this should buy you some time, mention your human rights you have certain rights. They may try to settle outside the court what ever they offer it wont be what they expect you to accept say you want 5000 they may offer 2000 you say 4000 they say 3000 you agree in between, If you dont go they will assume you do not feel you have a good case , Just remember it is only a case conference not the trial I can only say what has happened in my experience which is not great but those tactic have helped me in the past I hope they help you I will contact you again after my case conference if you want to tell you how it went bona

Costs are difficult area we sold our house under a order in the high court which stopped our mortgage company from repossessing it ,we argued that the costs were to high but they took them when the house was sold we have been back to court to get the costs assessed that is the solicitors costs gmac would not allow the judge to ammend our application tho have the m,ortgage costs assessed as well allthough the Judge wanted to .so we will have to make an application on that, but on Friday we got there costs draw up by a cost draftsman on to which they have know added a further 5000 pounds for drawing them up . They are a revalation we believe that they put on charges to make a situation of no equity that way they were sure of being allowed to reposses, or at the least made it look as if we owed more in arreas. If they applie for a warrent to reposses you need to make an application to have is suspended and ask the judge to make an order for them to justify their charges , you could alway write to the company asking for a justification of there charges and tell them that if you dont heve it you will make an application to the court. If a solicitor is taking your money which is what they are doing buy putting costs on to your mortgage I believe that you have a right under the solicitors act for a complete and thourgher brakedown of how they arrived at their costs, on ours the solicitor has charged 580.00 pounds to travel from Cardiff to London for a hearing ( they have an office in London) great isnt it

Hi Morgy We paid a cheque up front with a small deposit incase it went over what they agreed not a fortune but i think if you can afford it get the whole thing The court will have the form get them to fax it to you if you cant get down there empahsise that you need it urgently

I see you had a problem with GMAC did you get anywhere

Tell me this someone If as in our case the High court made an order for us to sell our house rather than the Mortgage company who wanted to repossess it but it would have to go one way or the other how come they can take an early redemption fee

Thanks for that I have had a quick look and there is definatly some usefull stuff

For anyone who is in court and god help us looses ask for the costs to be assessed if not agreed that way they have to list every telephone call letter etc then you can see how unreasonable the costs are and so can the judge assessment costs but if they think their bills are going to be scrunized they quiet often lower them you can also negotiate time to pay you wouldnt believe what a costed bill can throw up

Hi Morgy Just got in so trying to catch up with all the messages , I think the clerk might have been giving you a hint on what grounds to appeal you need the transcript, but this takes time the nearest for you is Cater walsh Transcription services IC The Court Newport road Cardiff CF 24 1 RH If you ring them on 02920453258 they will give you a quote and you can tell them that you need it before you can decide on an appeal and the time factor it doesnt come cheep mine was half and hour approx and I paid 159.00 you dont need the pleadings just his judgement hope this helps you can then make an informed choice with the help of zoot and others Keep your pecker up

jamorgan when you write to the Judge if that is what you decide to do if he will not allow you to appeal it would be against your human rights!!! so tell him that, we will back a collective action but as we allready have been told by a Judge that we should be allowed to have the mortgage companies costs assessed we will probally get there befor an action will keep people posted

Were the costs itemised to the last penny if they are un reasonable you can apply to have them taxed may cost you , but could save you also it will give you a breathing space. We have had adverse credit so could only Mortgage with GMAC the Mortgages from hell, we sold our house under a court order, but they stiil took in excess of 4000 in redemption fees and 90,000 in silictors costs as well as a further 6000.00 over the life time of the mortgage in excess fees we have nothing to loose as we are know in rented accomadation any any money we get we pay our kids back!!!! so if we loose they will loose as we will just go bankrupt hope it wont come to that, we appealed and went to the high court our experiance of the Royal courts of justice has been very positive not many people appear on person so i think they are very " helpful" we are haveing all the costs assessed and we are applying to have GNACs cost assessed to .who were the othersides solicitors and Barristers can you remeber their names, will give you any help we can but dont let the buggers beat you also do we know if all these buggers are monertering this site Take care and sleep well

Sorry to hear your problems, GMAC appealed when we won in county court they won so we appealed in the high court cant find what your claim was let me know and if I can help i will

Thanks for all the information everyone, GMAC have to serve us their itermised costs buy Friday 4.00pm, this will include all thier expenses. It will be interesting to see. We will then have a costs hearing .Allthough we have paid the costs as they took them when we redeemed the mortgage we hope to get a substantial amount back. We will be asking the court to make an order to have all gmacs other costs (not solicitors ) assessed as well, at the moment they are oposing us, so we need to get some amunition for the hearing any ideas!!!

Dogwash Just a second thought which branch of Eversheds are you dealing with and how far away from are they we deal with Cardiff so have to pay costs to London or our court which was miles away from Cardiff any pattern there

Dogwash If you write to them a without prejudice letter stating what was said on the phone and all other points you can then produce that in court if you send it to the court just before the hearing say fax it to the court over night then ring and make sure they have it and it is on the papera and post it to them, takeing a copy with you to court the Judge will read it before they can say anything in our experience all the courts are aware of this abuse and you need to play them at their own game as long as the judge has read it if he thinks they are trying it on he will help you ( well that has happened to us but no always you have nothing to loose ) you need to get any agreement into the arena the fact that they have withdrawn it will not look good for them , Keep in touch

We are fighting GMAC in the High court they use MrPitt at eversheds and abuse the process all the time the courts seem to take no notic is this what is happening to you

Interested to know what has happened A Judge in the High Court said that he wanted to amend a costs hearing ( Solicitors Costs ) to include GMAC for assesment to what was fair and reasonable GMAC fighting this but we think we will get the assesment we will have to make a further application If we can get their costs assessed in High court and they are reduced others can follow we need as much info as possible

Andy We are taking on GMAC and intend to go the whole way at the moment our case is in the Chancery Court in The High Court where it was sent when we won an appeal against them will galdly give you any information

Every time we go to court with GMAC they play the system by arriving late but telephoning the Judge First so they delay the hearing, serve papers on us 3 mins before the hearing .We are fighting a costs case against them in the High Court they would not agree our costs on an application for a costs hearing so although we agreed the order we would have been out of pocket so we went to court for our costs and they turned up late and gave us a bill for over 1000 pounds and now we have to do it all again because they wont give us information so we will have to make another application it seems to me that they are trying to were us down

Has any one else had problems with GMAC RFC with over charging loosing payments, acting unproffesionaly at a court hearing not complying with what a Judge has asked them to do, puting on unreasonable solicitors costs on to your account or anything else