Hi

I wanted to extend my mortgage as it ends next November.

I approached my existing lender Santander bank and I explained to them that I have 3 restrictions on the Land Registry.

Two of them are on my names and third one is on my wife names.

The first mortgage advisor said that these restrictions are not going to affect my application as I am not taking in any equity. When I was transferred two the second mortgage advisor who said it might affect your application and the DCs needed to be informed and they need to sign a certificate to agree to my application for extending my mortgages. He suggested to approach the DC and negotiates with them before applying for an extension in my mortgage.

My worry is the restriction #4 by Shoosmiths the amount was about £8000, my wife was paying them £50 a month for the last 12 years and recently few months ago I cancelled the standing order because they never send any statement showing how much my wife paid so far during all this period of time,

only few letters advising my  wife to fill the expenditure form to revise her payment  and to carry on paying the £50.

My question how to approach these DCs?

Do I need To pay them or negotiate with them.

Any assistance would very appreciated.

Land Title CAG#PDF.pdf

Hi

Could I appeal against the decision, if yes from where do I start?

Noumidia

Hi

The second link does not work. I guess my case is over unless I find some new evidence relating limitation act 1980

Hi

My case was dismissed by the judge xxxxxx as the defendant argued that the claim was over 6 years and the judge made a decision on the basis that Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council does not apply to my case as there were no mistake of law. I feel the judge was little lenient toward the defendant, first he accepted their statement on the day and the lawyer handed me a copy which I had no chance to go through it. So the judge overruled the Rule 3.4(2)© of the Civil Procedure Rules.

Noumidia

Noumidia

Hi Andy

Do you mean by (....DJ name.....) the name of District judge and if yes , this mean the letter should be addressed to the judge.

Noumidia

Hi

Today, I phoned the court enquiries line to find out about if the defendant has sent his bundle, the court received an account statement yesterday but i have not received anything from them. however, I told to the court enquiries they missed the deadline and they failed to comply with their direction and I asked the court to impose some sanction against the defendant. I was advised to write directly to Croydon County court to inform them that they missed the deadlines to send their bundles.

Is there any template letter for informing the court that the defendant failed to comply with their direction?

Noumidia

Hi Andy

Thanks Andy, I will phone tomorrow to find out. I sent my bundles to both parties and I tracked the delivery and was received on 01/02/2019. The only defense they have is dated (12/01/2018) which they send to defend the case after after I filed Poc against them last year.

Many Regards

Abdel

Hi

I have not received any bundle from the defendant as the court suggest the bundles should be exchanged 14 days before the hearing (18/02/2019). Does it meant, that the court will reject any evidence sent after the date of the bundles exchange,

Regards

Noumidia

Hi

I just finished the court bundles and collecting all the evidence and need to be send to the court and a copy to the defendant . Here is the statement of evidence. Before I send it could anyone have a look at it if I missed something.

Noumidia

Statment of evidence ## Dummy.docx.pdf

Thanks Andy, I will give them a ring tomorrow otherwise I will go to the court and pay over the counter.

Hi

Could I pay the court hearing by phone or online? as I am working during the week I am unable to pay the fees over the counter.

Noumidia

Hi Andy

I mean the court bundles, do I send them to other parties in the same time when I paid for my fees ? or I still have 14 days before the hearing which is on 18/02/2019.

Noumidia

Hi

I just finished a statement of evidence and the fees of £335 needed to be paid by 21 January 2019 and the hearing of the claim will take place on 18/02/2019 at Kingston-upon-thames county court. My question is:

1 ) The notice of allocation was sent by Croydon county court and the hearing is will be at Kingston-upon- thames county court. Do I write in my statement of evidence Croydon county court or Kingston-upon-thames county court?

2) Could I send the document to Others parties after paying the fees ?

Thanks for your assistance

Noumidia

Thank Andy

Hi

Please I need help for preparing a statement of evidence. I have 3 statement of evidence copied from con summer Wiki but I don't know which one to choose and build my statement of evidence.

Any assistance would be very helpful

Noumidia

Thanks Andy,

In the statement do I need just copy my POC and add the extra paragraph of limitation act 1980, if so do I need to to the recalculate the interest s69 under the county Court act. Thanks for your assistance.

Noumidia

Hi Here is the copy of capitaleone defence

Capital1 defence22.pdf

Hi Everyone

Today, I received The "Notice of Allocation to the small Claim Track ( Hearing). So the hearing will take place on the 18 February at the county court at Kingston-upon-Thames. In their defence (paragraph26) they mentioned that the claim is time barred under ( Limitation Act 1980) because I did not include the act in my POC by the virtue of s32 (limitation act 1980 as per Kleiwort Benson V Lincoln City Council) for charges older than 6 years. So could I include this act in my Statement and to start preparing my court bundle.

Anyone had a case against Capitale one? Here is the attachment of their defence.

Thanks

Noumidia

Thanks Andy

Hi

The update to the case. The claim was transferred to CROYDON on 02/03/2018, it seems the court couldn't find the particulars claim therefore,the court send mean order lettre saying " The claim remain stayed pursuant to the order dated 12/04/2018 until claimant files at court 2 copies of Particulars claim which comply with CPR16.4(1) and which is endorsed with a signed Statement of truth."

My question is

1) Do i date the POC of today date or dated when the claim was issued (11/12/2017).

2) If i put the present date do i change the amount claimed due to interest which was calculated on 11/12/2017.

Any suggestion would be helpful.

Thank you

Hi

Here is the claim history,now is transferred to local county court

You submitted a claim on 08/12/2017 at 15:00:42

Your claim was issued on 11/12/2017

Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017

A bar was put in place for Capital One (Europe) plc on 12/01/2018

Capital One (Europe) plc filed a defence on 12/01/2018

DQ sent to Capital One (Europe) plc on 12/01/2018

Capital One (Europe) plc filed a DQ on 30/01/2018

DQ filed on 30/01/2018

Your claim was transferred to CROYDON on 02/03/2018

Same scenario happen to me with Barclay until few days before court date.I am prepared to go all the way whatever the outcome of the court.

Hi Andy

I phone the court yesterday to agree on a date for mediation, however the court thinks the case is not suitable for mediation and the case will be forwarded to AD.

It looks like i will start preparing my bundles.

Hi Andy

The claim on the issue date: 11/12/2017 was £8,164.21 including court fees (£410) , Interest per S.69 County Courts Act

1984 of 8% (£739.60). As you know well the interest go up every day.

Thanks Andy brilliant idea.