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Everything posted by mrsfoot

  1. 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?
  2. 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??
  3. 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
  4. 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
  5. 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
  6. Hi all, just wanted to know has anyone been to court over ERC / mortgages charges yet? I know some have been paid out after MOCL and AQ's have been filed but is there any evidence of any going to court and winning?
  7. Well my AQ has been handed in. Guess whose AQ landed on my doorstep today...yep day it was due into court Swift AQ comes in the post. They want the claim to go fast track as it over £5k. The costs are actually £4700 and only with the interest does it go over £5k. Plus the solicitors dont seem to knnow that Swift have also paid me £700 for the default notice they admit to over charging me for which takes it down to under £5k with interest lol ALSO in the post today was letter from Swift. They have admitted they charged me £70 court costs and want to repay it and attached a cheque for the amount
  8. Well done and hopefully you should be wetting the babies head soon with the £50 back!!
  9. Dhoom the best thing to do in this case is make an appt with Ccitizens advice. They have the legal experts to help in this case, have all the legal jargon available and will help with the letters etc. It is normally 6 years for interest and 12 for mortgage, however because there has been some correspondance that does mean normally that the 12 and 6 yrs process starts over again. Some good news though if you speak to the CAB and explain about them underselling the property then im sure there is a legal foot you can stand on with regards to that. Good luck
  10. Hi all, thought it best i start own thread. Have read many good ones on here, so thanks to them i have finally got started Called welcome to stop OPP insurance as i have no idea what it is for. Sent DPA for all four accounts. 3 are paid off one in the process. Sent request for payment on accounts 1,2 and 3. Sent request for deducting charges from account 4 Found something rather interesting and that is each time i have renewed my account (each renewal has redeemed previous loan) they have charged me an acceptance fee! So claiming those back for the last 3 accounts on the bas
  11. I have recieved the defence for Swift. It is relevantly straightforward, however there are few points i need help on if possible. 1. Do i need to adress each point in writing to the court or will this be what i rely on when i go to court? 2. it is denied that section 4 of the unfair contracts terms act 1977 has any applicability to the charges paid under the credit agreement. Section 4 (1) applies to prevent a consumer being liable to indemnify another person for negligence or breach of contract by that other person. (Defendant states they are the another person) The Defendant has n
  12. Thank you very much, was beginning tho think i would have to give up at this stage!!
  13. I have received allocation questionairre for the case 6CH04822. I am at a loss as tyo what i need to do to complete this. I have reveived the defence papers from Swift where they are defending all the claim. They have already paid me a small amount of money back as they had charged me over £1300 for a default notice, and yet they say the charges they added where not excessive! Hope someone can help with this form and point me in the right direction in this site. Thanks
  14. I have received defence from the above. with regards they say ERC is not a penalty due to a breach but rather a fee due to my eercising my right to end the contract??? Surely this is contradictory lol Also i have received the allocation questionairre with regards to fees added to my ex mortgage with them and i have no idea how to fill it in....i have looked through site and cannot find anything. If someone knows where this info is or anyone can help i would be very appreciative.
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