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todd390

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Everything posted by todd390

  1. Well its been a while since September, I wrote to the company chasing the debt asking for more information so I may assist them but upto now they have not replied. I just hope they dont reply with their threats like the first few letters I recieved.
  2. I've been checking paperwork I have and the year we vacated the property was 2000. Mortgage Express sold the account to Pheonix Recoveries (UK) Limited and the debt is for £11,733.64 not £15,000.00 as I stated earlier (sorry about that). Pheonix have appointed Asset Recoveries UK Ltd to chase me about the debt. One part of the letter says "Your failure to respond to this letter is likely to lead to a course of action whick will involve Court proceedings. Such proceedings will include a claim for costs and interest and you will almost certainly need to take time off work to attend before a judge and explain why you have not responded to our letters seeking constructive proposals for repayment of your obligation". I note from information recieved that Mortgage Express are members of Council of Mortgage Lenders and that states they will not chase after 6 years as opposed to the 12 years rule. Does this mean that if I end up in court that Asset Recoveries may lose the right to the debt? More to the point would a court take into account the mitigating circumstances that led to me having to flee my home for the safety of my family?
  3. The company chasing for the debt is Asset Recoveries UK Ltd of Sale in Manchester. I do not have any correspondence from Mortgage Express following the re-possession. I sent them the keys to the property and only recieved a reply telling me they where in reciept of the key. The next thing I knew was I had a letter at a previous rented address following my seperation from my wife. Now I live at my present address I have recieved a letter from the above company. The letter says "It may be that you are mistaken as to our client's intentions in seeking recovery of monies properly due from you and a Notice of Assignment served upon you. Interest continues to accrue upon monies outstanding from you. The property was sold for £42,000 according to a web search. Unfortunatley I have no paper-work with regard to the property as theses have been lost during my seperation.
  4. I had a mortgage in the year 2000 backed up with an ISA. Due to unforseen circumstances I was driven out of my house with my now ex-wife and our children by gangs threatening my children who where then aged 14, 12 and 10. The house was repossed and the house re-sold, I dont know how much the house was sold for but I reckon the company who mortgaged me (Mortgage Expreess, a part of the Bradford & Bingley Group) didnt make a loss on the sale. I now have a company representing them chasing me for an outstanding amount of £15,000.00 They are using bullying tactics and telling me if I dont make an arrangement with them I will end up in front of a judge and possibley jail. The way I see it I lost my home due to thugs, I was unable to do anything about this I had to think about the safety of my children and my then wife, while I was at work. Do I have to repay the amount or if I go to court and explain to the judge the circumstances is there any hope I may lose the debt? Do I have the right to see how much the house was sold for and if the mortgage company made a loss or a gain on the property?
  5. Got my gesture of good will from the bank. Will be making a donation to this site within the next week or two. Now I have people at work and friends asking how to go about it. I have told them about this web site and to keep to the times when processing their claims. Thanks everyone good luck.
  6. I still havent had any thing cedited to my account, not even sure they recieved my acceptance form. I sent it recorded but up to now i cant track it. Going to give it until Monday then send a letter. The bank said it would be up to 14 days to credit my account as there is a lot of claims to deal with.
  7. Thanks Dolphin. thanks Atlantic. Once I have had the money credited to my account I will be donating to this site, and every time I have enough money I think I will make a donation for the sake of it. After all without CAG I would not have had the guts and determination to see it through and the stencils helped loads. The people on here should be very proud of themselves. I am going to help my girlfriend make a claim from Lloyds TSB. I wont be forsaking this site either i will be logging on and seeing what is happening and if I can i will help others to reclaim their cash. as it says "RECLAIM THE RIGHT". Your all great people thanks again.
  8. I dont know where to start or hardly what to say. Today (Saturday 16th June) I received a letter from RBoS thanking me for my letter complaining about the charges applied. They say they explained and went on, (at this stage I thought oh I'm in for a fight), but, as a gesture of goodwil have offered me £4918.00 to be applied to my account directly. Am I going to accept? I sure am. It is just short of £200 odd of my target. As far as I am concerned I have won once the money is my account. I'll let you know how I get on and a donation to the site will be on its way.
  9. Hi, thanks for that. Did you get to the stage where their solicitors said they would defend the claim?
  10. Well I cant argue with that. As you say it's either Cobbetts or someone else and nothing is going to change until a case has been through the court system completely.
  11. Just been reading some of the threads on RBoS. I must admit it is very surprising, Cobbetts seem to be taking RBoS for a ride with their representations for them. They tend to use threatening techniques against the claimant and then when it fails they make an offer. I bet they dont bank with their client! All as this does for me is make me more determined to get on and play along with their games (I adore some solicitors) and while their games continue it make makes more money for me in interest for when we get into court. I am determined to get my day in court now. I am very determined to get what is mine and play along with Cobbetts (or cobblers as they tend to have earned that name). So if anyone from RBoS or Cobblers visit this site to get an update on what is going on and who is claiming, then I look foward to the battle for my money through the legal system that represents the common person not just the rich.
  12. I have received the acknowledgement from the court today (Thursday 14th June). What hapens now? Do the court write and give me a date? I have all my statements and the printed attachment ready for court. Also getting info off here with regards to OFT statement with regards to bank charges. Hope when I get into court I am ok. Should be I've been in court before a few years ago with a claim for one of my children for compensation. Solicitor gave me the praise for winning at end of day. Hope it is going to be that easy again lol. I keep saying it again and again all I want is what is rightfully mine by law and the bank seem to not want to return legally what they have stolen. Its a bit like Robin Hood and the Sheriff of Nottingham. They being the latter, glorified robbers.
  13. Well this morning (Tuesday 12 June) I have had a reply from Cobbetts the RBS solicitors saying that they are defending all of my claim. I dont know what happens next, am I on a loser? Hope not after all I'm only claiming my charges.
  14. I have just been re-checking my statements and files I have ready for court in case I missed something. I had a date wrong and missed a charge or two. The amount come to over £5000.00 but I'm not pushing for that as it may cost me more in the long run. I have notice though how the charges started, what I would call, rather tame at first. In 2001 they only took £20, but in 2004 they took a total of £1920.00 this year up to now they have had £524.00. I think they are trying to break a record with me by seeing how much they bleed from my account. I have also decided not to email them I will just let the time takes its course and see what happens. After all if they dont reply I will be asking for a judgement from the courts. The ball, as they say, is in their court and will soon be back in mine.
  15. I see thanks for that information. I take it you have had dealings with their solicitors then! Hopefully I may be lucky enough to receive an offer from the bank rather than go into court. I have already decided if my case is thrown out by a Judge (like in Hull and Birmingham) I will appeal and take it from there, hopefully that will not happen.
  16. If an offer is accepted the money should be paid in within a few days after all they are bankers and the money should be no object, I would think it would be obvious that you would have to inform them that you have also halted court proceeding and inform the court that you have accepted their offer. (I note on the court papers there is a tick box for that purpose). If I am lucky enough to get an offer, and if it is an acceptable offer, I will be sending my acceptance by recorded delivery and be at the courts the same day to ensure that I get what is mine within the few days. I look forward to an offer being made, but at the same time I am slighty optomistic about it all. I cant help feeling a bit insecure. Then again what I have not got at the moment I wont miss, it would be an added bonus though a very welcome added bonus. I know one thing I will never fall for any charges again as I would make sure that I did not go into the red at anytime what-so-ever again.
  17. I see your going to accpot their offer. If I get an offer I would want it no less than the full charges amount. I mean if they offer £1000 less then I would reject it after all £1000 is £1000 that belongs to me and better in my pocket, or account, at the end of the day. Good luck anyway
  18. I will send an email as suggested by you Atlantic. I will let them sit on the court papers first for about a week and email around about Thursday next week thats when they have 6 days left to reply. I was reading through my claim and I reckon I made a mess of the interest as I added it by the advise on the N1 help leaflets form the courts and only got the amount to just over £39. I am sure its wrong, but then again as I said before I dont really want the interest just my charges refunding. Of course if goes to court then its up to the court to decide (if I win) on the amount of interest payable to me. Then so be it.
  19. If I have not heard from the bank by the 20th June 2007 then I file for a judgement on the form provided. The form gives a number of options including the defendant's admission or defence. It is pretty straight forward and helpful. As I say fingers crossed and see what happens. I will keep you posted.
  20. Well at last I seem to be getting somewhere. I have received my court papers this morning (7th June). The RBS have until 20th june 2007 to reply. So its sit back and wait with fingers crossed.
  21. I read (on here) that other web sites are using stencils for aking banks for statements and following letters etc. I have seen one or two of these in my work place and beleive me, they are not as good as the stencils on CAG. The stencils on here are much better and much more helpful. Maybe the cases being thrown out of court are because of these cheaper versions asking for the return of charges and the judges are not regarding them as serious but as vexist against the banks as they are not quoting the data protection act etc... Just a thought on my behalf i could be wrong. Lets face it though this web site is more helpful to the consumer.
  22. I have heard today that a Judge in Hull has thrown 20 claims out has anyone heard about this? If so, is there any information on the cases and will it affect any other cases? Obviously there will be an appeal if any of the people have sense to do so!
  23. Hi Atlantic If I get the charges refunded to me I will be happy. After all £4998.00 is not really to be scoffed at although I have paid £120.00 court fees. The offer would probably be accepted by me and part of the sum would pay off my overdraft that I dont want. My fiancial position would be better without the overdraft, once it is paid that is. Just hope something happens soon. I think I may one of the unlucky ones that lose. Hope I'm wrong there, but cant help thinking that way.
  24. Hi Atlantic Thanks for letting me look at your claim. I have missed out all the overdraft interest charges and only claimed the referral charges, and these are listed on my court N1 claim form. My total charges come to £4988.00 plus £10.00 S.A.R - (Subject Access Request) fee so total £4998.00 then I have added the court cost of £120.00 I may have made a mistake on the interest calcualtions, but I'm not really bothered too much about the interest only the amount they have charged me as this it is the charges that have most times made my account being overdrawn by a lot of money. I will be happy if they offer to settle out of court at the amount of £5118.00 as I say the interest rate doesn't mean a lot to me just the money they took. Thanks and good luck with your claim. This site has helped me and I tell other people to get on here the more pressure we put on the banks the easier it will become to claim what should not have been taken in the first place.
  25. Hi I would be interested to know when the chat room will up and running again. Was there a result into the investigating the person responsible for giving information out with regards to private information? Hope it is back running soon.
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