HiReceived letter from the CC - the bank has requested that the case be restored / relisted and the hearing is on October 22, 2008. I have spoken to the clerk at the CC and I was told that the 'shortfall' has increased. I've contacted the bank / customer services and I've been informed that the interest rate hasn't changed since 1st May 2008.Albiet the rate is stable the 'shortfall' is now in conflict with the POC where according to the bank / solicitors the 'shortfall' had decreased.

I have the bank statements showing previously the 'transparent' annual figure of £80,000. However in 2000/1 the statement shows the actual payments from the DWP which changed the transparent figure to a lesser amount. The DWP have verified that there were overpayments. On an irregular basis the DWP require information, and this was forwarded to the bank. It was when the bank supplied a lesser figure than the suppossedly transparent £80,0000 did the interest payment decrease. As per the DWP they are governed by law and untill the bank agrees the original figure of £80,000 is correct and pay back the overpayments, there is nothing the DWP can do.

Hi The statements from the DWP show the weekly and monthly figure. The interest is calculated on the lower figure and not the full £80,000. The DWP (since 2005) have requested that the bank place in writting why the original figure has been reduced. However, the bank has refused to reply.

Hi - I have received the details of the interest payments made by the DWP.

Is there a way of editing / writting large volumes of data to make it easier for yourself?

Particulars of Claim – Barclays September 2008 1. The claimant has a right to possession of xxxxxxxxx.About the mortgage 2. On 7 December 1990 the claimant and the defendants entered into a Legal Charge of the above premises. 3. To the best of the claimant’s knowledge the following persons are in possession of the property.Those defendants whose address is at the property. 4. The loan secured by the mortgage is not a regulated consumer credit agreement. 5. The claimant is asking for possession on the following ground(s): a. The defendants have not paid the agreed payments of the loan and interest. Details are set out in a schedule attached to these particulars. The arrears of unpaid monthly instalments as at 29/07/2008 are at £1,834.90. 6. .a. The amount loaned under Account Number EDIT was £80,000. b. The monthly instalment is £490.25 which falls due on the 1st day of each month. c. The total amount required to pay the Legal Charge in full as at 29 July 2008 (not more than 14 days after the claim form was issued) would be £82,775.19. this is not a redemption figure. This includes £380.29 payable for Solicitor’s costs and administrative charges. d. The following additional payments are also due under the terms of the Legal Charge:Any item on the attached schedules debited to the account but not identified on the schedules as instalment or interest debited. Each item will be identified on the schedule. e. Of the payments in paragraph 6(d), the following arrears:All of the items in paragraph 6(d) become payable to the claimant when debited to the mortgage account and to that extent are in arrears. However, for the avoidance of doubt, it is confirmed that none of these items are included in the arrears figure given in paragraph 5a above. f. Deleted g. The interest rate at the commencement of the mortgage was 7.74%. the interest rate at first default was 7.39%. The present interest rate is 7.14%. 7. The claimant has written to the Defendants asking that the Defendants remedy the fault. The claimant has also endeavoured where possible and feasible, by telephone, letter and debt councillor to agree a reasonable repayment schedule. Since being instructed the claimant’s solicitors have written twice to the Defendants asking the Defendants to remedy the default and/or reach an agreement regarding payment of the arrears.About the defendant 8. The following information is known about the defendant’s circumstances:Payments under the Social Security Contributions and Benefits Act 1992 are not being received by the Claimant in respect of the Defendants. 9. .a. There is no one who should be given notice of these proceedings because of a registered interest in the property.Tenancy 10. Deleted What the court is being asked to do 11. The claimant asks the court to order that the defendant: a. Give the claimant possession of the property. b. Pay the claimant the total amount outstanding under the mortgage. Statement of TruthThe Claimant believes that the facts stated in these particulars are true.I am duly authorised by the claimant to sign this statement. NOTES: #2. The Legal Charge last page has been added (mortgage document that was set up as a bridging loan on a business account). #3. No names supplied (no attachment – only names at head of PoC as Defendants.. #5(a) We are only liable for the interest (being paid by the DWP). No schedule attached. #6.(a) the account number is the ‘current’ number not the original a/c or others. (b) the monthly instalment is for the £80k not the lower figure as supplied by the Bank to the DWP. © (d) no statements have not been received although written requests for the statements and associated costs placed on ourselves/account have been ignored. (e) the arrears are a result of the banks mis-management. #7. received no telephone calls, debt counselling. #8. payments on a monthly basis are being received from the DWP to the bank (contacted the DWP this morning and confirmation is being sent to us).

Hi Thanks - I've a copy (in file with the defence paperwork) The defence paperwork highlights the discrepancies. Do you require all the info or the discrepancies?

In the last few minutes I've spoken to the CC - the documentation they have does not contain the Particulars of Claim, only the two documents that I have. The CC suggested that I contact the solicitors and request the PoC and if they refuse or pass the onus back to the CC, I have to tell them it is their responsibility - is that correct?

The paperwork: Document 1 - witness statement by bank. Document 2 - 'This Legal Charge' plus copies of the letters as previous. The final page of the 'legal Charge' as supplied was originaly a single sheet of paper with no other paperwork attached or supplied that was signed in our solicitor's office. Our solicitors said that if the 'single page' was not signed there would be no money for the mortgage. It is only in the last two years (approx) that the single sheet of paper has become intregal with the 'legal charge' and not the mortgage as we believed.

Correspondence from the solicitors dated 9 July 2008.... and received 17July 2007'We act on behalf of X bank plc. We have received instructions from our client concerniing your indebtness to it in relation to your loan account numbered xxxxxxxx.Our client requires payment of the total arrears outstanding under the account within seven days of the date of this letter. The amounts outstanding on your account as at today's date are as follows:- Balance (including interest and arrears) £82229.90 Arrears £1709.90Interest is continuing to accure at a rate of 7.14% per annum.In default of payment within the period specified above we have our client's instructions to commence County Court proceedings for the possession of the property at xxxxxxxxxxxxxxx persuant to the mortgage dated 7 December 1990.on 17 July 2008 I telephoned the solicitors and spoke to X (tel call logged on bill) albeit nicely spoken I informed X of previous correspondence to the Bank and that I'm continually being harrassed by the bank (corrrespondence to bank)'Further to a conversation earlier today with your solicitors; will your please supply without delay or hindrance:1. Full statements on the above mentioned account from January 2006 to present.2. A full breakdown of all associated charges that have increased the 'mortgage'.3. Explain why an interest only mortgage which has a transpaerent figure of the agreed am\ount varied between inception and the current date (as above).The above mentioned three items are requested under the Administration of Justice Act ..........etcNO RESPONSE HAS BEEN FORTHCOMMING FROM THE BANKIn the documentation presented to the CC was a letter addressed to 'THE OCCUPIERS' to which I have never read - probly thrown in the bin.'....6 August 2008Dear SirsWe act on behalf of X bank...., who hold a mortgage over the property at xxxxxx securing an advance made to Mr X of xxxxxxxx and Mrs X of xxxxxxxxx. The borrowers have failed to adhere to the terms of the loan agreement and our client has therefore taken steps to enforce its security.We hereby give you notice that proceedings for possession of the property at xxxxxxxxxxx have been issued and will be heard at ............Yours faithfully'

Sorry typo error the DDJ correspondence sould read 2009 and not 3009.

General Form of Judgement or Order ... Upon reading the correspondence from the claimant's solicitors and hearing the representative for the defendants It is ordered that 1. The claim be adjourned generally with liberty to restore. 2. If no request to restore the proceedings is received by 3 March 3009 then the matter will be struck out without further order. When returning home after being to court there were letters from the banks solicitors: 'Our client has advised us that the arrears on your account are at a level they would not wish to go to Court with. Therefore it has instructed us to request a general adjournment of the proceedings. therefore your attendance at Court on ........... is no longer necessary, although you may attend if you wish. We confirm that there will be no attendance by our client. If you have any queries ...........' When at court the DDJ read out the letter that was sent to the Court by their solicitors which was longer and included other statements including costs and travelling etc.

Will do ASAP. The bank attempted to change the 'mortgage' into a 'Home Improvement Loan' which was never signed (I have the original). I have a vast amount of documents etc which is being prepared in preparation for the next March - the judge said that he would hear my / our claim. The solicitors who failed to turn up .. wrote to the Court saying that the outstanding 'shortfall' had been significantly reduced - I have not paid them a penny for approximately two years. Additionally they stated that it would cost too much for them to attend!

The case has been before the County Court. The bank / solicitors failed to turn up. I had the opportunity to put forward a brief defence. The Judge has given the bank six months to respond in full. ..... else the claim for the 'shortfall and the property' will be struck out. I know I am jumping the gun ..... if the case is struck out - what happens to the property / interest payment / capitol outstanding etc? (The 'mortgage' was incorrectly setup as a bussiness bridging loan and not as a personal mortgage. The bank over the years has tried everything to as they put it 'get their books in order'.)

Bank via its solicitors failed to attend CCA. If the case for repossession is struck out - what happens with the remaining interest (Interest only mortgage)? Regards