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rbrears

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Everything posted by rbrears

  1. Yes the AQ fee is added to the claim. It seems to be the norm for the banks to make you file the AQ before offering proper settlement. Just take a deep breath and file it and then wait. Just filing the AQ does not mean that you will end up in court. As I have said many of the banks seem to settle very soon after AQs are filed - you are on the home straight now After AQs are filed the court allocates the claim to the small claims track. You will get an order to that effect from the court with some directions about filing documents and then the hearing. Don't worry though - this is all pretty academic because your claims will be settled long before any hearing.
  2. Most are just asking for the fees - because we can't be arsed to calculate the interest Some also believe that the interest is the bank's appropriate recompense for the breaches and don't claim it. Its entirely up to you. Best of luck
  3. Yes just put an up to date scedule with the LBA - that'll be fine. The defender is the bank, not an individual - so you use the name of the bank and use its registered office address. Best of luck
  4. Just reply to them that they already have the information. Short and sweet. As to the Notice its just the court informing you that it has received an acknowledgement of the claim from the defendant. I assume they ticked the box that says they intend to defend the claim? This is perfectly normal. Next (within 28 days of the claim being served on the bank) the court should receive their defence. This is also the norm for these claims. When a copy of the defence is sent to you come back here if you have any questions or concerns
  5. After a night in the boozer last night for the footie and beers until 2 a.m. this morning is tricky enough without that. Its pushed me over the edge - im gonna puke........................... I am so not going to get any work done today
  6. If he has any money then a statutory demand will probably result in him giving you what you owe. Not even sheisters like him will want to be made bankrupt. Get some legal advice about serving a statutory demand based on the judgment you have.
  7. Hi Nighstar - I wouldnt worry about a specific manual intervention request. Most banks don't (can't) prove this anyway and if your bank raises it in its defence to any proceedings they will have to produce that information at any hearing (not that there will be one) or in reply to a request from you (see any thread about Part 18 requests) Just go straight to LBA once you have calculated your charges. Then when you get the sod off letter (or 50% offer and sod off for the rest) just issue the claim. Best of luck
  8. Just take heart from the survey results Kelly. So far about 900 people have done what you are going to do - and reclaimed over £800000. Not one of them has had to argue in court for their money. Thats pretty close to a dead cert I reckon
  9. Hi corrine. Dont just ask for a charge list but send a proper DPA request - template in the library. Best of luck
  10. To be honest Iknox I would just claim for the whole amount. Not one bank has taken a case to a hearing yet and on the fast track you have the beneift of standard disclosure so the bank would be required to provide docyumentary evidence of their costs. When the site first started there was concern that the fast track would give rise to a possible costs liability if you lose - but lets face it many hundreds of claims have been settled and by now if the banks had a leg to stand on they would have fought at least one of those cases. I think the caution we had initially can now be tempered by the many many successes. Of course this is easy for me to say because I'm not the one possibly issuing on the fast track!! - although I now would if I had any claims left to make and one was for more than 5k
  11. The sooner you send it in (and pay the fee) the sooner they will settle Make sure when you agree settlement that you include your court fee and the questionnaire fee.
  12. Absolutely. Really - don't worry about it. Just issue when the time limit runs out. As long as you have a copy of the letter and can say you posted it no-one's going to criticise you.
  13. If you buy a used car without a warranty the old adage applies - caveat emptor - buyer beware. As long as you have not told him something about the car that is untrue and which induced him to buy it he hasn't got a leg to stand on. The vehicle was examined by his "mechanic", he was given a list of faults that you were aware of, and agreed a price. He bought the car "as seen" and he won't win his claim IMO. Doesn't mean he won't claim though and you might have to go through the drag of defending it. But don't budge - it was his responsibility to check the car and he did - that's that Just a suggestion - if you sell another car get the buyer to sign a piece of paper that says, for example: Date: XXXXX Buyer: [name] £xxxxx paid to Mr [name] for vehicle Reg no XXXXXXX. Vehicle bought as seen and inspected and no warranty given. Signed...................... (Buyer)
  14. Nicely done Thats great news - full refund for little effort - Well done
  15. Don't think about it - do it They will pay you.
  16. No harm in getting the information to see if they owe you more than you owe them. Nat West don't (at present) seem to be one of the banks closing accounts. You can see in my sig what I got from them and my account is still open. Can't say I'ver seen many other threads (if any at all) mentioning that they have closed accounts. As to parachutes - could be tricky if you really need to be able to pay online for essentials. Do you have a credit card? Can you pay on this and make sure you pay off each month - then you wont pay any interest.
  17. I would be surpirsed if you got damages for stress and inconvenience etc. Our courts are loathe to pluck figures out of the air for such heads of damage in contract cases and where there is no adequate and quantifiable evidence of the damage suffered. The only claims where such payments appear to be made routinely are in claims for ruined holidays - then claimants are awarded sums for loss of enjoyment/distress but then these sums are usually small. I remember one other case where a family paid a fortune for a lovely house. The surveyor they employed had neglected to notice a blumming great crack which showed that the kitchen was actually falling off the side of the house! It had to be propped and closed off as soon as they moved in. They sued. It took 2-3 years for the trial to come on at the high court and they had lived with no kitchen with two young babies for all of this time and had loads of stress/aggravation. They won their main claim in negligence against the surveyor in the high court and were also awarded only £200 each for the stress/inconvenience. But as the claim for charges is a small claim might as well stick it in - nothing to lose I guess
  18. There's a post on the general forum called "My Mortgage Fees Were Refunded" by carriexs87 which is worth a read
  19. Like the judge's comments - shows that he/she feels that the bank are going to have to justify the charges both in terms of reasonableness and as a representation of their costs - and of course we and they know that they can't do that
  20. Good for you - keep us updated if you make your claim.
  21. A vacating fee is for the work in discharging the charge against the property. But dont think £150+ is justified - nowadays lenders only have to a) fill in one form called a DS1 to confirm repayment of the mortgage (1 page of A4) and send it to the seller's solicitor or b) provide a letter to the seller's solicitor confirmimg repayment of the mortgage (again 1 page of A4) and vacate the charge direct with the land registry electronically. So at best they fill in a couple of pages of A4 and it probably takes about 10 minutes. Nice work if you can get it
  22. Over 700 people have completed the survey - not one of them has had to argue in court to get their money. They have all been paid. And we are all here to help. Really - don't worry
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