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sybil

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About sybil

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  1. Mortgage account, and yes they added charges onto the loan.
  2. Thanks for replying, Used Template from library.- Particulars of Claim.N1-Hard Copy Version, by Bankfodder. Left out interest at 8% as would have taken claim over £5000 small claims court. Attached schedule for 12 years charges. Alliance & Leicester offered 6 years charges.Quoting limitation act. Replied that would accept as part payment only and quoted section 20 of Lim.Act 1980 and also s 32. Had no further offer so am filing AQ asking for 12 yrs. Just don't know what to put in AQ part G, have got Draft Order Directions ready to attach. Cheers Sybil
  3. Anything specific than i need to put in part G (Other information) regarding claiming charges for 12 years. They have offered payment of charges for 6 years, i have quoted to them in a letter s 20 & 32 Limitation Act 1980. I know about sending Draft Order for Directions but cannot find anything specific to quote in this part G when going for 12 years charges. Any advice, form needs to be this Friday !!!
  4. Thanks Zoot for your help with this. The arrears fee charges were added to the sum outstanding, we never paid them extra when we sent the monthly payments. In their defence which they filed they quote "section 5 of the Limitation Act 1980, charges incurred by the Claimant prior to 2001 did not arise within six years before action was commenced and are statute barred." From your post i believe they are wrong and can claim back 12yrs under s 12 of the Same Act. Am sending them a letter stating i will accept the 6 years payment that they sent as part payment but not as a full and final settlement and will continue with the court action until the balance payment of the claim is received. Shall notify the County court tomorrow of payment and take a copy of their letter and my reply. As its small claims court, ive paid the fee, got a part payment there is nothing to lose is there ???? COMMENTS PLEASE. Are they hoping we will just cave in when we get something back ?
  5. Jackie, I remember you, i followed you Dudley Building Soc. claim. Sorry you did'nt win.I really thought you would. It makes me wary of pushing on further with this, though i think the circumstances are a bit different. I have also been following the A & L Bank Forum posts, they get the same letters, same defence, same tactics as with the Mortgage claims. I have read somewhere about claiming 12 years, but i can't find it anymore. Have also looked for Limitation Act, but have not found anything re that yet. This part is getting a bit complicated really need some help with it. Thanks so much for your input. Sybil
  6. Hi Jackie, I have just learnt everything from this forum, from the posts, the stickys, the whole thing, i don't know a lot just still learning. Only got this far from swotting up and help from a member.Grateful for any advice. Have followed all advice and got this far. Want to post "WON" at sometime with all details ! Mortgage was with Alliance & Leicester,paid off last year after 30 yrs.( You will deduce from the time span that i am a grandmother but am still on a learning curve ) you never stop. All charges were just late payments. Not ERC,Not bounced D/D's.Just late !! £50 per month for 2 letters per month, Over 12 yrs off and on. Have read thread about limitations act but am still a bit confused, hence my request for advice. THANK YOU.
  7. mrs Foot, Many thanks for your input, was kind of thinking along the lines you have suggested, got their cheque for 6 yrs charges so they are on the back foot anyway, although they do the blah blah about 'not regarded as an admission of liability' etc. Have banked the cheque, so nice to get something back, but i don't want to let them off the hook easy, its like they are buying us off on the cheap.There is another £1000 involved to go back 12 yrs total. So far i am letting them off by not claiming the interest.Hoped to do that later as a separate court action after i'd got back all charges,to keep it Small Claims Court. Have spent days looking through forum/post etc and thought i gotta post this and get some advice about this particular situation. Have only got this far thanks to CAG and a member who has pm'd me with help,over the last couple of months. THANK YOU FOR TAKING THE TIME TO REPLY, iT FEELS LONELY OUT HERE SOMETIMES DON'T IT !!
  8. Have issued Court Claim for 12 yrs charges,mortgage arrears fees only, acknowledged and defence filed.did not claim 8% interest as this would have taken it over £5000 small claims court limit. Rec'd letter and cheque to cover 6 years charges.Shall i accept this as part payment and let it go to court, or settle for 6 years but ask for 8% as full and final settlement ? Any ideas out there.
  9. Have Alliance & Leicester Mortgages filed defence in any other action. Can't find any mention of such on forum. Defence has been filed with County Court by Alliance & Leicester. I am claiming back arrears fees, not ERC, or bounced direct debits just late payment charges. Shall i post defence on forum or pm a mod ? Sybil
  10. Thanks for your replies and resorting my thread.Was worried about going out of Small Claims Court as with interest added would have been over the £5000 limit. If i file N1 as follows- Page 1. Value- Charges (over £4000) Court Fee £120 Total... £4120 Leave out - Plus interest pursuant to S69 etc. Page 2 .Particulars of Claim. As per Templates for MCOL. (Claiming 12 years because these were added to the mortgage account) The Claimant claims amounts debited, xxxx Leave out interest charged section. Have read as much as possible from Forum and Threads FAQs but it seems like a minefield, Ready to give it a go though.
  11. Am Just Filling In Ni County Court Claim Form. Claiming For Late Payment Charges On Mortgage Account Going Back 12 Years. Have Used Templates From Library Have A Few Queries If Someone Can Help Please. 1. Where Asks For Value..page 1 Have Put Total Charges Xxxx Interest Under S 69 County Court Act 1984 Xxxx (as Per Spreadsheet Calculation) Court Fee ? Total Nothing Entered Yet. Plus Interest S69 Etc As Quoted On Template Query- Charges Total £4000, Interest Over £1500 Makes A Total Of Over £5000. The Court Fee Under £5000 Is £120 Over £5000 Is £250. Am I Claiming For Just The Charges Or The Charges Plus Interest Which Takes It Over The £5000 And The Court Fee Is £250 ???
  12. Had got last 5 years statements , so sent SAR, requesting back 12 years,enclosed £10 cheque, they returned in a week, then sent prelim letter,then LBA, got all instructions from Templates library which is fantastic, and Philip Hindleys Thread which is marvellous. Read also FAQs mortgage companies, if you have not done so already.
  13. Am just preparing Court Claim after A & L's time has run out. Am claiming for arrears fees over last 12 years. Not ERC. We paid mortgage off last years after 30 odd years with them. Sent LBA had the usual fob off letter. Not sure whether to do MCOL or local County Court any advice ? The claim without interest will total less than £5000, but with the added 8% interest the total is over £5000, which i understand is the limit for the small claims court, which court will it go to and do the court services allocate it. Any other advice most welcome. Have been reading this forum for 4 months and swotted up as much as possible. Had really good advice from a member who was sucessful, but i'm getting a bit nervous now ! Sybil
  14. Hi, Have recently joined this site.What an education i`ve had over the last month ! Have followed instructions and done FAQs bit, read lots of case histories and generally swotted up. I have had a lot of initial help, before posting this from Philip Hindley who won his case with Alliance & Leicester for penalty mortgage charges.My husband incurred charges at the rate of £50 month for many years due to his 1st marriage break up. By the time we met and married it was £400-£500 per year. in 2006 he paid of the mortgage, balance being £7500, total charges approx £4000 included in this amount over the years. He had to work an extra year past his retirement to pay this off. He now suffers with ill health and he has not been able to enjoy his late retirement. The extra year would have been beneficial. Alliance & Leicester not only took his money they took his precious time of life. Am now ready to do battle. Wanted to run this past the list before i continue.Don't want to make any mistakes. Feb sent Data Protection Act 1998 Subject Acess Request to Alliance & Leicester. ( As per quoted by BankFodder.) March rec'd complete list of charges/statements back to 1995 as requested. Have now got ready to send Prelim letter mortgage charges. Just totals to be added. (As per Zootscoot.) Have downloaded and started to fill out Microsoft Complex bank Charges spreadsheet. Have I got the correct one here ? Do i send this one with the interest calculated or do i delete this column ? The Prelim letter refers to contractual rate of interest, is this the same as calculated on this spreadsheet, it lists 8% in the heading column. Sorry to be a bit thick about this, have never done a spreadsheet in my life, spent most of the day getting to grips with it, just a bit nervous about getting it right.! Best Regards Sybil
  15. Hi Phil, Many thanks for your prompt reply. It has given me so much confidence to get cracking at these people ! Thank you for your time. You have itemised so clearly the procedure/action plan to follow i am sure i can do this.I also note your comment where to post thread once i`m up and running with this.Was a bit confused about where to post messages as i`m a newbie at this. Just a note re Legal fees- these arose because my husband had 2 mortgage accounts. Unknown to us for 12months they were putting all payments onto one account. Subsequently one account was in credit and the other in arrears, after a visit from an enquiry agent this was rectified but the fees were left on the account. Their cock up but we paid. I am doing the paperwork/research stuff and he is signing it as the claimant. Will post again when something is happening. Many thanks once again. Regards Sybil.
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