I've received a letter saying that BG has obtained a warrant of entry. I received no prior notification of this. I have an outstanding complaint against BG with the ombudsman. How can I get this warrant stopped?

Bear in mind that if you go to court BM will add inflated legal fees to your mortgage whether you win or lose.

Briefly, there's a section in the transitional provisions which is open to interpretation... hence why we have been given extra time to seek advice on appeal. It revolves around the fact the the Claimant previously sought repo (a separate issue) prior to 2008 and at that hearing I had the opportunity to bring up the defence that I had submitted. According to their interpretation of the transitional provisions this fixed the date under which the legislation that had to be applied was what was in force at that time (i.e. prior to s140A). Therefore in this particular instance s140A didn't apply. It doesn't mean that s140A doesn't apply to my mortgage, just these proceedings. The Judge made it clear that she wasn't satisfied, but as I had nothing to counter it she was basically compelled to find in favour of Claimant.

Hi Guys, Finally had our hearing last week, unfortunately we lost Solicitors sprung a new legal argument a few days before the hearing and I struggled to understand it and it really only became clear after the Judge's summing up. At least we gave them a scare We have been given extra to time appeal as the argument is open to interpretation. This is under consideration. What we have to deal with is the claimant has been given a repossession order, and we have been given extra time to ask for the repo order to be suspended. I assume this is done via N244? The contract I have recently signed is for 3 months. It is expected to continue beyond this, but there is no guarantee. I am offering a norgen agreement to pay out the arrears over nearly 10 years. The gross income from the contract is significant, however that is paid to my company. My nett income is less than half this, albeit dividends are paid 2-4 times per year. My nett income is sufficient to cover our current outgoings plus arrears and interest on arrears over the remaining ~10 years of the mortgage. The reason for our arrears (family illness) has gone away, so it's now full steam ahead, subject to keeping our home Questions I have: 1. Will the 3 month contract be sufficient for the Court to suspend the repo? 2. Will making an up front lump sum toward arrears make any difference? 3. Will mentioning that I tried to settle the repo proceedings earlier in the year, however the Claimant would only accept on condition that I agreed never to bring up s140A in relation to the agreement. They were even prepared to write off the arrears... 4. Will mentioning the delays caused by the Claimant starting the action in a court in a different county and their repeated failures to comply with court orders and information requests make any difference? Not to mention springing the new legal argument on me a few days before the hearing. 5. The Claimant swore under oath that some charges had been refunded. They also swore that the monthly payment was nearly 100 more than it should be. I have the documentation to show this monthly payment is wrong and that this payment has been deducted (and continues to be deducted) for the last 18 months or so. Is this the right time to bring this up? 6. Similarly to (5) for some arrears fees. 7. In relation to the legal fees, the Judge said I need to make an 'Application for Account'. How do I go about this? I assume it is an application to the Court? 8. Is the fact that I made an offer prior to the hearing and the various antics of the Claimant (see q4) sufficient to make an argument that costs shouldn't be applied? Would the Claimant's requirement that I settle something (ie the s140A argument) beyond the repossession proceedings be deemed unreasonable? Thanks in anticipation... ps for those who have mortgages prior to Oct 2004, S140A of CCA does apply to these mortgages (and indeed almost all credit agreements CCA regulated or not). There is a get out of jail free for the lender in the transitional provisions, so if you want to go down this route you need to check these carefully...

Definitely discontinued. I'm just not sure how to word the defence and whether to include evidence such as their discontinuance notice.

113 views and no reply...?

I am in dispute with our freeholder over a service charge on a long leasehold property. The SC was put in dispute in July 2007 and the freeholder bought a legal action against me in 2008, which I defended. The freeholder had not and still does not comply with the statutory requirements for SC demands. Further there has been no consultation on major works in the whole 9 years the feeholder has owned the property. There has been expenditure which is not in accordance with the lease. The freeholder has passed a compensation payment to one of the lessees back to the lessees through the SC!!!! When I defended the 2008 case the freeholder withdrew citing 'procedural inadequacies in the invoices' - part of my defence. The freeholder has now started a new claim in a different Court. Can anyone advise on the wording of a defence of a vexatious claim and a request to have the claim struck out? Is it necessary or desirable to include, in the initial response/defence, copies of the letter showing they withdrew from the previous case? Any other evidence I should include? Thanks for any help...

I'm trying to understand the consequences of an unconscionable bargain. If a lender makes a remortgage to someone who is clearly in financial difficulty and unable to pay the new mortgage amounts and the court finds it is an unconscionable bargain, how would this be resolved? I understand that the court would attempt to roll back to the start of the agreement, but how would that work when a remortgage takes place? One cannot restore the original mortgage... Anyone able to explain?

Wondered if anyone has challenged the clause allowing mortgage co to add legal fees to account whether they win or lose? Seems to me huge legal fee is a significant deterrent to claiming back charges, etc...

Well Done! Did BM contest this claim? Or did they just pay up?

The new version is available now by download. I cannot find anything that states which version applies.

If a repossession action was started prior to April 2011, but postponed until after april 2011 when the pre action protocol was changed, which version of form 123 is valid for the hearing after April 2011? Does the April 2011 version of the protocol apply in this case?

No. Only similarly named town is several counties in the opposite direction...

Nope. Initial repo action. Defended due to charges and wrong amounts on repo forms. Are you saying 'must' has no meaning or significance? Defendant has been disadvantaged over costs etc of travelling to court, both for themselves and claimant's solicitor.

That was my thought. Also killing repossession proceedings would mean defendant can make an offer to pay mortgage + something toward arrears and not have a suspend repo order hanging over them. If claimant starts a fresh claim in local court, then that would be unreasonable and breach of pre action protocol.

Not sure why that'd be relevant...? Claimant is long way away, as are solicitors. They have been sending solicitor/barrister from London. Claimant's local court is much closer to London than the court the claim has been initiated in and the hearings to date have been held. Defendant has been travelling across another county to attend, when local court is a few miles away.

Defendant was unaware of the CPR requirement until a few days ago. It's a mortgage repossession.

Nope, Claimant and their solicitor are even further away than defendant... and there have been three hearings so far, much costs for claimants solicitors. Nobody can figure why the claim was started there and not the local court. I think maybe there is a case for a costs claim... Any thoughts...?

Wasn't started in Northampton court, in an ordinary court, many miles from the property and nowhere near classed as 'local'.

CPR 55.3.1 states ' The claim must be started in the county court for the district in which the land is situated'. If the claim is started in another court, in a different county, and not transferred to the local court, would this be enough to stop proceedings? Must implies mandatory, so if it hasn't been started in local court, then it cannot proceed...?

Ben, I've posted thanks twice but it hasn't stuck. Not sure if I'm being moderated or what...

So if defendant hasn't seen one, should he ask the claimant or the court for a copy?

1. Does this apply to cases started before April, but not yet heard? 2. How does the Defendant know if form N123 has been submitted? Is the Defendant entitled to a copy?

Is a clause in a mortgage agreement that requires immediate repayment of the entire mortgage amount, if a single payment is missed or late, an unfair term? Opinions?

Does apply to unregulated mortgages? i.e. pre Oct 2004 or second charge mortgages.