Hi Gary, and welcome Post in the abbey forum, you will find lots of great advice and some brilliant reading. Really important to keep a thread going so others can peek in to see where your up to, ask you questions or indeed answer any you have. Good luck

Part 18 sent off today, lets see what they make of that, or more what their solicitors think of it!

Hi and dont worry about asking questions it how me learn all the tricks they dont tell us about!! If you follow the DAP SAR request the MAXIMUM charge the bank can ask for is £10, so go ahead and get them sent to you! Mrsfoot

Hi Rtbear Write to them and ask them to refund the interest. You should of paid £263.46 so ask for the full £344.54. As for your other charges send of your SAR DPA unless you already have the info on how many charges you have paid. Then follow the normal procedure for claiming them back Mrsfoot

Hi Red1 Try this one, its the one that is a registered address so post will be signed for1st Floor, 6 Broadgate, London. EC2M 2QS Also is this for a redeemed mortgage or a current one? Mrsfoot

First of all let me help out with the illegal / unlawful issue... Illegal means "against or not authorized by law." Unlawful means "contrary to, prohibited, or unauthorized by law...while necessarily not implying the element of criminality, it is broad enough to include it." (Black's Law Dictionary) So, for example, you could unlawfully stay in your apartment after your lease is up (unlawful detainer) but that's not a crime against the state, it's a civil wrong (tort) against your landlord. If the landlord then took you to court and had you properly evicted, and you then returned to the premises, you might then be guilty of the crime of trespassing. Trespassing is illegal. So as you can see a penalty that is payable for exercising your right to change mortgage providers is unlawful as it CAN prevent you from exercising that right. Secondly CONGRATULATIONS ON THE WIN, ENJOY THE MONEY AND ALL THAT COMES WITH IT!! Mrsfoot

Hi AFD, have prepared the letter, is it possible yu could have a look over it for me, and give me some feedback on its contents mrsfoot

Thank you again! Will sit down tonight and set it out to be applicable to my case. I have been looking at the CPR website, very informative!

tysm AFD, last question, as you must be fed up of me already, can i still send this even though the Judge has made directions?

Thanks gizmo, very helpful. I have directions from Judge from yesterday: 1 Statements of fact to be filed.....what is this and whr can i find examples? 2 Standard discl;osure...again same questions> Im really sorry about how daft i must seem i just cant figure out my next move, and HATE not being in control of this!

HI AFD Thgank you for the advice, whjere about would i be able to find something on thjat topic so i could research it and write a letter requesting the info. Who would i send it to? When would i send it? Things along those lines. Mrsfoot

£3836.78

Allocation hearing today, judge has decided case must be heard fast track. CPR22.8 A-F was taken into account. Can one of the mods please contact me, Swift want this in court, and have indicated they will take it to the highest court in land should they lose at fast track, this could be the case we are waiting for! Mrsfoot

My advice would be to send your Data Protection Act S.A.R - (Subject Access Request) (see templates) and ask for your 06 year history (or if less then the whole of the account life). You can then see how much charges you have had added, and you will then be able to begin the procedure to get them back. Read through the FAQS and have look over the forum for nationwide too as you will pick up some great tips off others Good luck

Hi can anyone please give me some advice as to what to expect, what to take etc? Allocation hearing is tommorow and im desperate now!

Who do i write to if there has been no response to a DPA SAR and the 40 day limit is up? It is for a mortgage if that makes any difference thanks

Thanks brechiner, i hope this is the case, knowing my luck it wil go all way to court!!

HI Swampy At the minute the furthest you can g back is 06 years, however this does mean you may be able to claim 1 years charges. They have a duty to keep all records relating to account for many more years than 5 so dont worry. Just write off your SAR DPA to them and good luck Mrsfoot

remember your a member of piublic and not used to completing this type of form (i suspect) so courts are quite helpful. Go to your local court and ask for advice, or your local citizens advice. Use the templates in the forums for your mcol. However i do prefer to do it all by N1 (from courts or online) that way you can transfer what is on the templates directly onto the N1. This has been tried and tested. Cobbets are triers and often say the particulars of the claim are incoherant (see barclays forum), check with this section what others have writeen, it may just be stalling tactics to put you off claiming mrsfoot

I have completed AQ so has defence. This is for charges applied to mortgage (letter etc). Its under 5k so falls into small claims, defence want it to be fast tracked. Have a case meeting on friday...any ideas what this is and why the judge is thinking of fast track? Have posted question under mortgages but got no answers...please give me some advice before i go out my mind :-? mrsfoot

Hi i have a case with GMAC who have not filed their AQ in time. Due date was 1/12/06 and having spoken to the court today it seems they have not filed...does anyone have any ideas or advice as to what is next?? Have revieved their AQ this afternoon, although court say they still not recieved their copy. Will this go against them?

Quick update. I have my court date for this case. Friday 8th Dec we go to court. This si an allocation meeting as Swift have stated on their AQ they want it to be fast tracked, i want small claims so the judge wants to meet.....has anyone any ideas??

Hi Amanda I have read your story from start to finish today, what an inspiring and heart rendering at times tale. Well done for getting out of their graps, we were in the same position with them a few years back, and we managed to re mortgage thankfully. We are claiming the erc and charges back from them, at the allocation stage so hoping it not to e too much longer. If you need any help with anything please feel free to get in touch Good luck and well done for being strong enough to fight them, your children have a great role model MrsFoot

Hi Gooner Read your post with interest especially as your defence is exactly the same as mine!! I have already returned my AQ. Beware that they will send you your copy of theirs on the day it is due in, and they are very underhanded, so if you can try hold out till the day it is due so you can see what they have put. Keep it up and good luck, please keep me informed of how you go and if i go to court you are more than welcome to use my case as evidence if needed MrsFoot

Hi noticed you attached a comment to a thread about an offer letter. As a suggstion its better to make own threads s you will get a direct answer. You have 3 choices with an offer. 1 accept, 2 reject or 3 accept as part payment. I always think its best to make own judgement but advice is dont accpet it as why would you want to give them any of your money, they have ahd it for long enough! You can accept in part payment and continue with claim, there are plently of letters to use in this case on the forums Good luck and keep going