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philread1

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About philread1

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  1. Just another update - I'm in mediation with Southern Pacific's legal team trying to thrash out a settlement at present. Let's hope it works or the Court Bundle & Court Hearing Fees will be sent first thing Monday morning!!! Wish me luck! Phil
  2. Just to update you all, I've been given a court date of 30th September to hear my claim, but with a note that we should be encouraged to try to settle the claim without the need to go to court..... Lo & behold, the solicitors representing Southern Pacific Securities (Ascenden, Capstone etc.) have been in touch by email this morning to try and resolve the case without the need to go to court!!!!! Here we go......
  3. This is my 'Particulars of Claim' that I am about to send in. Sabre has mentioned that I need to claim via post, but am not sure I need to as the main points and 'points of law' to my claim are here. Any other comments or suggestions would be useful? "We have had mortgage account no.xxxxxxxxxx with the defendant since xxxxxx. We are claiming £xxxxxxx taken by the defendant in the way of unlawful charges since xxxxxxx. The defendants charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are therefore deemed invalid under the Unfair(Contracts) Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999, Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. We have repeatedly asked the defendant to justify their charges but they have declined to do so. This claim is being made under s.32(1)© Limitations Act 1980."
  4. I'm in the process of claiming back charges from Ascenden. I've started my claim via Moneyclaim Online, but yet to submit it. When you say the FoS always side with them, how many people do you know have tried to reclaim the excessive charges? Or have they just put a complaint in through the FoS? In my opinion, and through the little experience I have, I believe the only way to get back at them is to reclaim the charges back by following the due process as discussed on these forums and ultimately through the court system. As with bank & credit card charges, I can't see how any court in the land can see them as anything other than unfair & unjust. I have been through some hard times with Ascenden, now its my time to get them charges back. Complaints will just get filed and archived so I don't see the point. Will keep you informed as to how I get on. All the best.
  5. Can anyone post me a link to a template to enable me to complete my 'Particulars of Claim' for reclaiming excessive mortgage charges/penalties? Thanks. Phil
  6. Just found what I wanted. If the charges/penalties have been added to the principle amount borrowed, then Section 20 covers you. If they have been kept separate, then your claim comes under Section 32. http://www.consumeractiongroup.co.uk/forum/showthread.php?52020 Am gonna keep reading......
  7. Mortgage charges or secured loans are dealt with under a section of the Act on their own, though, (section 20) without using the 'mistake in law' (section 32), aren't they? Gutted I've gotta do PoC by post though, and didn't know that they would be much different to that of bank current accounts which is where I got the above from Back to the drawing board I suppose.
  8. Hello, I've just realised that my claim isn't being made under s.32 of the Limitation Act, as that is used where there is a 'mistake in law'. Can anyone point me in the direction of the section of the Limitation Act which deals with the recovery of money secured by a mortgage? I have pinpointed it to be s.20(1)(a)?? Can someone confirm this? Thanks. Phil
  9. Updated Particulars of Claim: "We have had mortgage account no.xxxxxxxxxx with the defendant since xxxxxx. We are claiming £xxxxxxx taken by the defendant in the way of unlawful charges since xxxxxxx. The defendants charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are therefore deemed invalid under the Unfair(Contracts) Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999, Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. We have repeatedly asked the defendant to justify their charges but they have declined to do so. This claim is being made under s.32(1)© Limitations Act 1980."
  10. Thanks, SabreSheep. I'm constantly reading through different threads, and as I said before, I have previous experience of successfully reclaiming bank charges from Abbey National a number of years ago. I was using this previous experience to help me complete the PoC for this new claim, but was unsure if there were any legal differences between the different sorts of charges being reclaimed. As far as I can see it, the points of law being used in any reclaiming process seems to be the same whether its bank charges, credit card charges or mortgage charges. The only point of law I'm unsure of is the Limitation Act 1980, and how it is applied to our claims. As some of my charges are from 2005, I really want to make sure I fully understand it? Please see my new PoC below. Again, all comments much appreciated. I'm hoping to get this claim off within the next couple of hours, so be quick! Cheers Phil PS There is only so much space on the claim form on Moneyclaim Online!
  11. Thanks for your help, Citizen. This is what I have put together so far, and it fits within the parameters given on the claim form: "We have had mortgage account no.xxxxxxxxxx with the defendant since xxxxxx. We are claiming £xxxx taken by the defendant in the way of unlawful charges since xxxxxx. The defendants charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999, Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. We have repeatedly asked the bank to justify their charges but they have declined to do so. Limitations Act for mortgages is 12 years." Comments, suggestions and opinions are very welcome???? Cheers, Phil
  12. Hello Everyone, So its been a while, we wanted to start our claim against Ascenden for unlawful charges before now, but we've not had the opportunity to do so till now. After repeated failings to resolve our issues, we are now ready to issue a claim and I've started proceedings with 'Moneyclaim Online'. Just a quick question though, can anyone direct me to a suitable template to complete the 'Particulars of Claim'? I've successfully claimed bank charges back before, and have produced one at present, but as these are mortgage charges, I'd like to know if there are any differences to apply to this claim? Thanks in advance! Phil
  13. Hello Everyone Can anyone point me in the right direction for a link to a template for a 'letter before action'? Cheers Phil
  14. Hello Tomo The address above is good. I sent my SAR there and got my info in under a month. All the best. Phil
  15. Hello Mark You'll be able to re-claim any charge or 'fee' that they've put onto your account as a 'penalty', ie late payment fees, arrears management fees, missed direct debit fees etc. Send them a Subject Access Request letter. This gives them 40 days to reply. Don't forget to sign your letter and enclose the £10 cheque or postal order for the fee. Once you receive all the info on your account, its down to you to cipher through it and decide what you are able to claim for. If you are unsure, list the descriptions of the charges you are unsure about on here and we'll try and help you decide. Its important that once you decide to go for it, you stick with your claim and stick rigidly to the timetable that it encounters. As always, you'll get plenty of support on here, so if ever in doubt, just ask. All the best. Phil
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