May I suggest you look at Paratus Amc (GMAC) v Countryside Surveyos EWHC 3301 (ch)

and Leagal Mortgage.co.uk for knowdge (advice) regarding underselling.

In the Glover.co.uk site in the news section of January 2012 you will find an article headed 'Under current trends in negligence claims against valuers' you will get an idea of what the Courts deem to be an acceptable "margin of error" in valuations.

HTH

V

Hi B,

Please bear with me on this, it could be somewhat disjointed.

Firstly there are probably unlawful charges in their calculations eg overcharging for sending letters, returned DD's, payment option fees, debt councillor fees & arrears charges that the FSA will not be happy with. Give them a call and find out.

Secondly, there is case law regarding underselling vis Cuckmere Brick v Mutual Finance, often quoted in underselling cases, Standard Chartered Bank v Walker [1982] 1 WLR 1410, balance of probabilities that the lender failed to take resonable care to obtain the best price, and I think, including the 10% bracket, when you read it it will come clear!

With regard to price, use a house price calculator (or several) to determine what the price should be, the Land Registry is a useful tool. NR will have had a valuation done at the time you took your mortgage use this price to detmine the apprximate value of the property at the time of sale. This will be the motgage value not the market value.

I hope this will give you something to work on.

v

Hi bt,

Do you have any update on your situation?

Viano

No small thanks to you.

V

No small thanks to you.

V

Update as promised.

"Adjourned to first open date after 3 months on condition that

1) The Claimants xxxx xxxx provide to you and the Court a breakdown of all credits and charges for the last two years"

My comments: I was pointed towards the Court housing advisor-very useful and knowledgeable, she acted as my advocate. The Judge was concerned that there was no breakdown of the added charges. The Pre-action protocol was not adhered to by the lender. You can never take too much paperwork. The brief for the other side was not as well prepared as she should have been.

Listen to Ell-enn.

For those in my position do the right thing go to the housing people at your Council, and go to the CAB. The housing officer at the Council wrote a supplementary statement which I believe was useful and, although not really up to speed on this (IMHO) it's useful to be able to say you've been to and had advice from the CAB.

My thanks once again to Ell-enn and the housing advisor at the Court without whos good offices I would have had a rougher ride.

V

Update as promised.

"Adjourned to first open date after 3 months on condition that

1) The Claimants xxxx xxxx provide to you and the Court a breakdown of all credits and charges for the last two years"

My comments: I was pointed towards the Court housing advisor-very useful and knowledgeable, she acted as my advocate. The Judge was concerned that there was no breakdown of the added charges. The Pre-action protocol was not adhered to by the lender. You can never take too much paperwork. The brief for the other side was not as well prepared as she should have been.

Listen to Ell-enn.

For those in my position do the right thing go to the housing people at your Council, and go to the CAB. The housing officer at the Council wrote a supplementary statement which I believe was useful and, although not really up to speed on this (IMHO) it's useful to be able to say you've been to and had advice from the CAB.

My thanks once again to Ell-enn and the housing advisor at the Court without whos good offices I would have had a rougher ride.

V

I am continuing with the appeal.

V

Lodged at Court Just after 15.50 hrs. thanks to your endeavours.

I will update Monday PM.

V

Lodged at Court Just after 15.50 hrs. thanks to your endeavours.

I will update Monday PM.

V

Thank you both, so N244 it is.

According to my aged dictionary Sanction:

Sanction n 1. (hist) Law or (esp, eccles,) decree; 2, Penalty or reward for (dis)obedience attached to law, clause attached to law, clause containing this, (now esp.) penalty for non-compliance- so it goes on. you learn something every day don't you.

Rhod, the refusal is on paper. Is there anything to gain from an oral hearing.

V

OK I'm in.

Steam age internet connection!

V

OK I'm in.

Steam age internet connection!

V

Hi,

I was defendant and found against, appealed, the appeal was dismissed due to transcript (as ordered) didn't arrive in time - transcribers fault.

V

If I read CPR 3.9 right it look as though if genuine reasons for not complying to the order can be shown one can re-apply. I've read through it a couple of times and find it as clear as mud, but that the way I see it.

V

Hi all,

How do start an application under CPR 3.9 - Please.

V

Received in the post today

'The Application for permission to appeal is dismissed. The proposed Appellant will need to apply for relief from sanction pursuant to CPR 3.9

Does this mean that I (if the points are proved) can go again?

V

Hi Ell-enn,

They're sending me a copy, but my contact is working from home today so I can't speak to her until the morning, but as you suggest I will go and collect it. I'll let you know when I have it.

I believe that I eligible for that scheme, but I would prefer to sell and move on.

V

Hi Ell-enn,

They're sending me a copy, but my contact is working from home today so I can't speak to her until the morning, but as you suggest I will go and collect it. I'll let you know when I have it.

I believe that I eligible for that scheme, but I would prefer to sell and move on.

V

Hi Ell-enn,

All, I think, paperwork in place.

I went to the housing people yesterday and was told that they will send a statement to the Court (in addition to the defence form). I was told that because the council are involved the chances are that there should be a postponement of the possession order.

I am going to the CAB this afternoon for their 'advice'. I have taken both these actions so that in Court they can see that I have 'done the right thing'

I still would really appreciate your draught statement please. the advice I've had from the CAB previously has not been the greatest.

V

Hi Ell-enn,

All, I think, paperwork in place.

I went to the housing people yesterday and was told that they will send a statement to the Court (in addition to the defence form). I was told that because the council are involved the chances are that there should be a postponement of the possession order.

I am going to the CAB this afternoon for their 'advice'. I have taken both these actions so that in Court they can see that I have 'done the right thing'

I still would really appreciate your draught statement please. the advice I've had from the CAB previously has not been the greatest.

V

Hi Ell-enn,

What do I need to 'bone up' on before the hearing?

V

Hi Ell-enn,

What do I need to 'bone up' on before the hearing?

V

Will do.

V

Will do.

V