bumpety bump!

HI quick question....I have used CPR part 18 to get further information for my case (mainly asking for specific and certified costs they have incurred) however Swift have objected. What line do i now go down to enfoce this. The full story is in mortgage forum but would appreciate some advice if available

HI quick update, have recieved reply to part 18 request. Letter as follows: We refer to your request for further information on CPR18. We object to your request on the grounds that these are not matters that are appropriate to be set out in our clients pleaded defence and are matters for evidence, for which you will receive our witness statement by 12 January 2007. Letter typed exactly as written. In part 18 i requested: 1 I request that you supply a full certified breakdown of the actual expenditure incurred by Swift Advances, in relation to each of the charges levied to my account and detailed in the claim; this includes the following as displayed on spreadsheet attached to claim, although it should be noted this is not an exhaustive list and you should refer to the amended spreadsheet issued during the allocation hearing: a) Legal Fee’s on all work completed by your legal department, solicitors etc b) Default charge and the process of arriving at the original figure and the later revised figure c) Production and delivery of letters sent to the address of the claimant d) Thorough explanation, detailed accounts and process of arriving at the figures for the collection charges applied to the account 2 Where the charge is purely an administration fee applied under the terms & conditions of the mortgage, I request that you provide certified details of how this charge was set, and the calculations used in the process of arriving at this figure Has anyone any ideas on the above? Do I now apply to the court for this information, although it does seem to read that they will be using what i requested as eveidence anyway? Id really appreciate some advice here guys, as Swift have already said they are quite happy to let this go to high court if i win as it will affect their whole pricing system. Thanks

Yeah that should be fine. Re shaving the head, thats not too bad wait till they grey is sprouting out your ears and nose lol mrsfoot

hi and welcome You seem to have it all in order, there is a link for Scottish claims in the main forum, have a read of what is in there, some great advice. Dont forget to start a thread in the bank you are reclaiming form, this helps you to keep up with everything and others can get advice from your journey. Ask as many questions as you like, just make sure you read the FAQS too as it gives everything you basically need in there. Good luck

Your welcome, and good luck, let me know how you get on, be happy!

Its very frustrating, but you have the letter to say all accounts were discharged, and if you have any evidence of the cheque they paid you then take that along too. Let me know how you get on, be happy!

Its oj dont worry. You dont add interest till court stage. So all letters inc LBA should not have interest included. In the library you will frin a spreadsheet that you can use in order to calculate your interest and then you can use that for mocl hope that helps, good luck

HI and welcome Have you looked in the first direct section of the site? It is nerve wrecking at first, however the support and guidance is here for when you need it. Have a look over the FAQS and the step by step process (links below ) and get to understand it all before you start anything! Good luck

HI and welcome Barclays are pretty quick on sending statements, most people i know have had theirs before the 40 days. Make sure you send it registered delivery so you can track its delivery online, and this will help if it does go over 40 days as you will have proof of delivery from royal mail site. Start a thread of your own in barlcays forum and ask as many questions as you need to, better to be safe than sorry Good luck

Hi clued up girl Have a look a t this and see if it helps. If the link does not work find it in library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html Good luck

Ok it should be a simple procedure then. Go to your local branch with the following: Time line of events.....what happended and when copy for bank. Original letter from bank re discharge of accounts and a copy for the bank (dont give your original) Latest letter from collection agency again a copy for the bank and keep original. Ask them to explain the mistake and to rectify it before the end of the day. If they tell you they have not the authorisation to do this then ask to speak to the manager. Be firm and polite. Good luck

Hi. Yes as long as the charges are penalties, whcih they are as they were added due to a breach, then you can claim them back. Start off by reading the FAQS (see link below) and get a good understanding of the process (see step by step below too) Start a thread in the mortgage forum and ask any questions you need, best to be safe than sorry!! Good luck

Hi and welcome Have you still got the letter which states that the accounts had been discharged?

I have had a long running claim with welcome re insurance / indemnity fee and acceptance fee, along with charges. Had an interseting chat with an area manager who told me i was charged acceptance fee's for the 2nd loan (even though i was already a customer and had used the 2nd to pay off the 1st loan) as this was a fee for credit counselling should i have needed it!! Talk about changing the identity of a fee when its suits! A family friend who worked for these people said crosses and boxes are often added before the customer signs, however they are not always explained and in some cases the sales team will say you cant have a loan unless you have the insurance to go with it. Needless to say i am claiming charges back from them and will be happy to see them in court explaining how the hidden costs for services away from the customer.....maybe they need to read the section of the regs based on good faith, and how the company must deal openly and in good faith with the consumer!

Have you followed the process and sent the 2 letters before giving the bank 14 days on each to respond?

Rocket, first of all i am really sorry you have found yourself in this situation. Please please get to you local CAB tommrow and ask to speak to the housing specialist based there. Also go to your local housing association / council and tell them the situation. They will try to say you are intentionally homelss, however explain the DWP are paying half and you cannot afford the other half due to being a single parent, they have a responsibiltiy to you as a single parent of a young baby to ensure your housed appropriately. Contact you local MP. Get them on your side, they have resources available to them which they can use in circumstances like these. Begin the process of claiming your charges back. Is there any chance you can remortgage? You have a lot of equity in the house so try to make the most of it. Please keep in touch, pm me for any advice on benefits etc as this is my area of expertise

Hi Chantelle Is it the Data Protection Act you have sent or the 1st request? Expect a fight lol Have you added a thread under the hsbc forum? I ask as sometimes reading other stories will help newbies along the way too, as well as giving you a chance to ask questions to others who are reclaiming fromt he same people. Good luck with the claim and keep at it

Abbey have sent a number of AQ out stating they will defend and asking for the fast / multi track to be considered and stating costs. Also for future reference for mortgage charges this seems to be the track most banks / mortgage companies are going along. In small claims no costs are generally awarded. However if banks are going to move in the same direction re charges as some mortgage institutions, in asking for cases to be heard in other tracks, then it is a possibility that costs could be claimed in the event of a loss. HOWEVER no court case has came about yet so we wait with baited breath, as of course, if a case does go to court, then the defendant would have to demonstrate the actual loss is related to the charge added, and we all know that isnt going to happen any time soon!

Hi and welcome The action of getting your money back will not make any difference to your credit rating. Your account does not need to be in credit to do this, so my advice is to have a read of the FAQS section and then follow the process shown on the site, as this is a tried and tested (very successfully) procedure. Send of your DPASAR to begin the process, there may be other charges from the last 06 years that you can claim back. Also start a thread in the relevant bank and ask any questions you may have there as others in the same boat as you wil be able to offer advice, and your journey will be helpful to newbies too! Good luck

Hi robpol At the moment no bank has gone to court and therefore when the banks solicitors are threatening you with the costs etc, take no notice as this is a stalling tactic which they think will make claimants give up. There are circumstances where costs may be awarded if the case was lost but that involves fast and multi track cases. Unless your bank actually go to an allocation hearing and get awarded one of these tracks, it is highly unlikely that the claimant will have to pay costs. Concentrate on getting it right, and then worry what you will spend YOUR money on! Good luck

HI sweetback you can claim on closed account up to 06 years, got to the FAQ section and have a good look around. Spend a few days getting to undersdtand the process and then go get em! Post a thread in the relevant banks section for you claim, and dont forget to post any questions you may have in there so others can help who have already started their claim. Good luck and welcome

Hi A Salique Thanks for the update, well done. However can you do up[dates in the relevant forum for the bank concerned as this will help others who may need some guidance and supprt, and sdeeing your journey will give them that. Once again well done and keep going! Mrsfoot

HI Gooner, Swift are willing to take every step possible not to pay out, i was in court friday with mine for an allocation hearing and it was allocated to fast track, even though its under the small claims limit as Swift quoted CPR 22 (i think it was 22 anyway) and won the argument hands down! I would be interested in who is deraling with your case and also recommend you look through Civil Proceedings Rules handbook before you do much else. Have you received their AQ yet? Will your sister be representing you? Keep going, i have now sent part 18 for them to complete within 14 days, be very interesting to see what comes back! Mrsfoot

Hi and welcome This will be affected if it was a 2 signatory account, however many ppl on here have claimed on old accounts from ex partnerships. All it means that if your ex then decides to make a claim they may find you have already done it. However if you are still on speaking terms it might be as well for you to let them know and maybe offe to share after all said it could be said that half is rightfully theirs, and 2 wrongs dont make a right....as i tell my kids often enough lol Good luck