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Posts posted by thunderpuss2k

  1. Thanks MrShed. Funny thing is the landlord (and entourage) certainly knew where I was when they wanted something - barrages of emails and late night phone calls when I was a tenant. They also have my forwarding address too, so it's not like there's any excuse.


    I assume the best thing to do now is drop the landlord an email cc'ing in the agent requesting they confirm they are happy to release the deposit? I am tempted to point out the 15 working days, but don't want to get too harsh quite yet.

  2. Hi,


    Quick one. In my AST it says The Landlord or the Agent shall notify the Tenant in writing of any proposed deduction made under this Part of the Agreement within 15 working days of the end of the tenancy.


    15 days has been and gone, not a word from the landlord or agent so I decided to drop the agent an email, advising that as I hadn't heard from either of them within the specified period I can only assume there are no deductions, and could they arrange for the full amount to be returned. They replied saying as they haven't heard from either of us they won't be releasing the deposit.


    Question (or two): 1. I appreciate what the agent is saying, but in the absence of contact to either the tenant or agent from the landlord what happens? And 2. Does the landlord now lose the right to dispute as the specified period has expired?

  3. Interesting times. Hearing is 5th March (week today), and Barclays have not been in contact, nor have they served any documents to either us or the court that they intend to rely on in the hearing. The deadline was 14 days before the trial, so it's too late now.


    Got two options: 1 - give them a nudge and suggest they settle, or 2 - turn up to the hearing. Only problem with option 2 is that I would prefer to be the claimants representative, but it's a little too late to file that request.



  4. Eh, I'm lost now. You filed a defence too? But that letter said you couldn't file a defence until you received details? :) I guess the court decided to file it as a defence, which saves worrying about that.


    Anyway, that aside.. sit back and wait. You've thrown a spanner in the works of their master plan, which they weren't expecting.


    Keep us updated.. looks like BC are about to try it again with me so they must be a bit broke this month or something..

  5. OK, this one is going to be a little tricky. The statute of limitation is normally six years, but on mortgages it's 12 - so they're within their time limit for enforcing collection of the shortfall.


    Have a read of this: Mortgage Shortfall | Payplan - it gives you a bit more info.


    Whatever you do though, get the acknowledgement of service in. It'll buy you some extra time. You might need to seek proper legal advice as this is a rather large amount and they could in theory force you into bankruptcy or get your current property repossessed - although this is unlikely as either way they won't get much (if any) of their money back.

  6. First things first.. calm down, relax and take a deep breath. :)


    Second, has it been issued through Moneyclaim or your local Court? If it's Moneyclaim, there'll be details on how to file an acknowledgement of service online. You should do this as soon as possible, which'll give you 28 days from the date of service (the date you received the documents). If it's via your local Court, again there'll be instructions in there but you'll have to do the acknowledgement via paper and post.


    Thirdly, can you type out the 'particulars of claim' section and post it here? Remove any personal identifying information (just replace it with X's or something) but make sure the bulk of the details are there so we can take a look and see what the next step is.

  7. Here you go, this should stop them in their tracks. Change the bits in bold (and unbold them obviously!)


    Make sure you go online and acknowledge service of the paperwork, this will give you 28 days instead of the usual 14 days. Full instructions should be with the claim.


    DO NOT send them any money, or bother talking to Nat West. Just send them this letter, and wait patiently.


    Your Address etc


    Bryan Carter & Co Solicitors

    Persimmon House, Dehavilland Drive

    Brooklands Business Park

    Weybridge KT13 0NT



    Dear Sir


    In the XXXX County Court

    National Westminster Bank plc -v- (YOUR NAME)

    Claim Number: (CLAIM NUMBER)



    I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.


    I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.


    In light of this, can you please provide me with the following:

    • A true copy of the alleged agreement you refer to.
    • How you calculate the sum of £(AMOUNT)
    • How you calculate the sum of £(TOTAL)

    We would be grateful if you would respond within 21 days of the above date.


    In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.


    In any event, kindly acknowledge safe receipt of this letter.


    Yours faithfully,


    • Haha 1
    • Confused 1
  8. Letter this morning from HBOS. The usual 'you agreed to be bound by the terms of the mortgage, we believe the ERC is legal and right, etc'.


    To cut a long story short.. without admission of liability they're willing to refund £4388.36 of the ERC, £291.56 in interest and £120 court fee - total £4799.92. Cheque should be with me within the next five days. OK so I lose out on nearly £33 of daily interest, but what the hell. :)

  9. Yes includes interest, court costs, and the charges total. What it doesn't include though is the daily interest incurred between the claim being made and settlement - however for the sake of £5.25 I'm not going to argue.

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