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Sorry the above should read HBOS. Help/advice needed please! Does anybody know how far back I can re-claim on a HBOS mortgage (Scotland) please. Can somebody provide a link to the legislation on this too please- I want to quote it to back up the claim. Thanks

Just to let you all know- my daughter has recently attended a hearing for stay removal against Barclays- This is a benefit claim and her argument was that of "hardship" - Barclays counsel was not at all interested in this and stated that the social security administration act section 187 was not at all relevant to her case. The judge was quite agitated with Barclays and consequently ordered the following: It is ordered that: (1) The claimants application be deemed to be also a application for a Interim Injunction under CPR 25.1 (2) The claimant is to file and serve any additional evidence by 4pm on 10th October. (3) The defendant do file and serve any evidence in reply by 4pm on 24th October. (4) This matter be re-listed for further hearing on ****** at 10.00am at **** County Court- with an estimated length of hearing of 3 hours. In response to this we have filed further evidence of financial "hardship" i.e copies of court orders from utility companys, demanding letters from other sources, threat of possesion of home, copy of BBC news report where judge Abrahams applied clauses to a stay preventing any futher charges, - we also enclosed letters from a counsellor who confirmed that my daughter was suffering with anxiety and depression due to her financial situation, in all we have attached 18 documents to her case. The day after the hearing Barclays litigation telephoned my daughter stating that she would not be treated any differently to anybody else regardless of being on a benefit. We have quoted this with the above evidence too!

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Just a quick up-date. Since my last post we have recieved a settlement agreement via e-mail from GE Money, however it states a few points that we are not at all happy with, nor are we agreeing to. Firstly they want us to agree to never claiming against them on this or any other account. We are not agreeing to this as eventually we may persue a ERC claim, this depending on how the land lies - so to speak. We also had a HMC (household mortgage corporation) mortgage which we have since discovered is part of the GE Money group too. secondly they want a strict confidentiality clause to be adhered to, this I have no probs with!! Thirdly they expect us to agree to all of above then also agree to a stay on the claim, then within 7 days of stay they will pay us full settlement of claim. At the moment I don't think GE Money are aware that the claim as already been stayed by court due to pending OFT case. Im going to file application for stay removal and emphasize the fact that GE Money are trying to settle and the fact that this is a mortgage account, furthermore a closed one at that!! Clover

Thank you for your advice

Regarding the order recieved from court after the blah blah relating to OFT case it then simply says: Either party may apply at any time, by application on notice in accordance with the Civil procedure Rules 1998 part 23, to lift the stay. This Order is made by the court on its own initiative. Any party affected by this order may apply pursuant to the Civil procedure rules 1998, part 3.3(5) to be set aside, varied or stayed etc etc Application should be made not more than 7 days after date on which this order is served.

Anyone please? :?

Im currently claiming against a GE Money mortgages and ive just been advised by my local court that they have stayed the claim, i was under the impression that the OFT case does not effect mortgage accounts? GE Money have NOT applied for the stay on my claim but rather it was the court that initiated it. Im currently in communication with Eversheds the solicitors that act on behalf of GE Money, however as GE Money are known to be very under-hand and ruthless my concern is that they will use the stay to there advantage and further abuse the process of settling my claim. Is there a template letter/wording I can add to the application for stay removal to emphasise the fact that GE Money is not involved in the OFT case, and is indeed a mortgage claim. Any help/advice appreciated.

Further to above!! Im currently claiming against a GE Money mortgages and ive just been advised by my local court that they have stayed the claim, i was under the impression that the OFT case does not effect mortgage accounts? GE Money have NOT applied for the stay on my claim but rather it was the court that initiated it. Im currently in communication with Eversheds the solicitors that act on behalf of GE Money, however as GE Money are known to be very under-hand and ruthless my concern is that they will use the stay to there advantage and further abuse the process of settling my claim. Is there a template letter/wording I can add to the application for stay removal to emphasise the fact that GE Money is not involved in the OFT case, and is indeed a mortgage claim. Any help/advice appreciated. Clover

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Thanks for the reply

Where do I find template letters please? Clover