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Everything posted by stig1953

  1. Further update Received letter from court adjourning hearing until 19th October. Judge directed NR to provide further information to me and the court regarding their evidence to oppose my set aside application. It would appear that their opposition submission just referred to their original defence. The judge has deemed that this is not acceptable so they have until 28th September to submit the extra information.
  2. Further update, The district Judge has again struck out my particulars upon application from Northern Rock. I am now finding the whole affair very stange. The DJ accepted the particulars of claim after the first strike out and then allocated to the small claims track. The latest strike out came as a bit of a surprise. I have decided to fight on as I believe I have discovered a fatal flaw in the original contract. Consequently I applied to have the second strike out set aside.I pointed out key errors in Northern Rocks defence which will have prejudiced the strike out decision. I am pleased to say that the DJ has granted a hearing for my application which will be 30th August. I believe that if I can get the strike out set aside then it is likely the claim will ultimately succeed as well. I will keep the forum posted - especially as to the flaw in the contract which may help other possible claimants. I will post more details if the set aside hearing is successful. Fingers crossed.
  3. Update for NR claimants, Just a quick update for anyone interested- my claim against NR is still proceeding despite a brief setback. My particulars of claim were struck out prior to allocation by the DJ on the courts initiative but he gave me 14 days to make an application to have the strike out set aside. I filed an application with the very kind help of Zoot. At the application hearing NR fielded a barrister but despite their objections the DJ allowed my application and allowed the evidence in support of the application to stand as the new particulars of claim. He also allocated the claim to the small claims track. He gave NR 21 days to prepare a new defence which they did on the last day (27/6). The hearing is scheduled for 15th August . In relation to the original claim he did comment that it was his belief that using MCOL for such claims was inappropriate as the limitation to number of characters and lines did not allow sufficient information to be included. This was why he struck out the original POC. Latest- NR have submitted another strike out application - these guys seem to be trying very hard to avoid a claim hearing.
  4. Hi Joseph, I have issued a Money claim online which has been served on the landlord - He has not yet acknowledged the claim or filed a defence. After 14 days if he has not respondedI can request judgement by default . Will post any updates as and when. Jill
  5. Hi , I am looking for some help in trying to recover some of my deposit. My landlord is withholding £520 of my deposit bond. He has given me a return of bond statement detailing the costs to put right the alleged defects he lists. At the pre and final inspection his lettings manager inspected in the property in my presence . At the pre-inspection she indicated that there were some scuff marks to the magnolia emulsioned walls but that if I purchased a touch up pot of paint and painted them it would be OK . This I did and at the final inspection she indicated everything was fine , I specifically asked about the carpets and her comment was that they exhibited just fair wear and tear. I was very shocked when I received the letter saying I would receive only £305 the balance of the deposit subject to signing my acceptance of the retentions ( £520). I wrote to him saying I did not accept his report - told him what his lettings manager had said but also pointed out that he could not impose conditions on the return of my money. At this stage I gave him 14 days notice of my intention to make a county court claim. I also told him that I had lots of photographs taken at my exit from the apartment. His response is that he does not accept any of my comments and disputes my version of events at the pre and final inspection visit.He did however pay the £305. MY question really is what particulars of claim do I use for my MCOL - which statutes or regulations do I quote to support my claim. There is also another issue I need to claim about as well - When I moved into this flat which was a brand new 2 bedroom apartment on the top floor - the second bedroom developed a bad ceiling leak immediately. I was unable to use the room for 6 months whilst they attempted to repair it. They also installed a industrial dehumidifier which ran continuously for 6 months. After complaining I received a written undertaking from the lettings manager that they would pay compensation. They have not honoured that commitment. I would like to claim the difference in the rent for a one bedroom flat and a two bedroom flat for a period of 6 months - and also a contribution to the huge electricity bills I received. I do not believe I am being unreasonable but I believe the only way to get anything back is via the small claims court . So anyone with any advice on how to phrase my claim would be most welcome - or indeed any other advice to help me get my money back. Jill
  6. Hi Pscylo, Thanks for that - I actually want this to go to court now as I think I have a better than even chance of winning which considering what NR have to lose against what I have to lose is an excellent bet. Cheers Stig
  7. NR update. Northern Rock have now filed a defence against my claim for repayment of ERC and Mortgage discharge fee. They have indicated they do not want to negotiate a settlement. I am on the point of returning my AQ - which should be small claims so I am going to give it my best shot. Zoot any comments on their defence that I emailed you ? Stig
  8. Hi Homee, Been following your thread very closely as you are a few days in front of me. I am slightly different in that NR have corresponded with me throughout and have acknowledged my claim . They have not yet filed a defence though. I still believe that these claims have merit so I have asked NR if they would consider settling prior to filing a defence (or defaulting). Why did you decide not to negotiate with NR using their default as a bargaining tool? Up to date NR have never filed a defence against ERC claims (to my knowledge- I stand to be corrected). I would be grateful if could pm me with your thoughts. Thanks Stig
  9. Help and advice please, All the current advice appears to be cut and run. Bearing in mind that my case is most likely to be small claims ( ~1.4K) for an ERC and Mortgage discharge fee do I stand to lose more than my claim fee of £120 if NR decide to defend. At present they have only acknowledged the claim but no defence has been entered yet. They have until 21/2 to do so. Would I be better contacting them now and try and negotiate a lower settlement or should I try my luck in court? Up until recently I believed I could not lose. The ERC period overhung the discounted rate period by over 4 years and published commissioned research for the OFT concluded that there can never be any justification for overhanging charges. I did redeem in the last year so some 3 years after the reduced rate finished. I also have a published document provided by the lender at the outset of the mortgage where they refer to ERCs as penaties. Thanks in anticipation Stig
  10. Hi thehomee, I am currently at a similar stage to you but NR have acknowledged my claim and indicated they will defend . They did this within one day of receiving the MCOL. Have you checked the MCOL website to see if they have acknowledged-If so this buys them an extra 14 days. Remind me are you claiming bank charges or an ERC? Stig
  11. To Mods, Bearing in mind what happened to Barry is there any advice for people who have issued MCOLs in relation to disclosure requests? Northern rock have indicated they will defend the claim but have not entered a defence as yet. They have until 21st February to do so . Do not want to jeapordise my chances on a technicality. I know Barry was not actually at an ERC hearing but what is the position? Stig
  12. To all others regarding Northern Rock ERC claims, MCOL was deemed served on 23/1- NR acknowledged claim on 24/1 indicating an intention to defend all of the claim. I replied to their no breach letter with Zoot's No breach masterpiece. I am quietly confident that with the support of this site and actual Northern Rock literature referring to ERC's as a penalty I will win if it goes to court. All the breach arguments are very persuasive and the fact that the penalty period overhung the fixed rate period by over 4 years ( bearing in mind the OFT's stance on this issue) bode very well. Any comments or further advice most welcome. Stig
  13. MCOL has been issued - will be deemed to have been served 23rd jan. LBA received by NR on 3rd Jan . NR replied again today with a letter dated 16th Jan but envelope(retained) postmarked 18th Jan . Letter standard no breach argument - ERC core term of of contract blah blah !! Interestingly NR made an offer of £110 towards Mortgage discharge fee . I will not be accepting this offer. Do I have to respond to their letter?? Thanks Stig
  14. No positive response from NR other than NR invoking their internal complaints procedure -yawn !!!- so MCOL issued - lets see what happens next. Stig
  15. Hi alyhalfpint, Thanks for that - I was aware of the other route (N1) but MCOL looks the quickest and easiest way - my question really was can I split the MCOL now that I have used a joint figure in the LBA. Thanks Stig
  16. I am preparing my MCOL - received an acknowledgement of my LBA apologising for not having replied to my request for repayment. Up to now I have lumped the ERC and Mortgage discharge fee together. The MCOL online form with the character and line entry limitations makes it difficult to get all the particulars down. Is it acceptable to now issue two MCOLs - one for ERC and the other for the Mortgage discharge fee bearing in mind my previous letters to NR lumped them together? Thanks for any help. Stig
  17. To - other interested parties LBA has gone off to NR. Am claiming repayment of Early repayment charge and mortgage discharge fee. LBA received by NR 3rd Jan - watch this space. Stig
  18. Hi Zoot, Many thanks for your quick reply. I will crack on with my LBA - bit of a relief not to have to start again. I am eager to let battle commence ! Thanks Stig
  19. General Question I thought I had got the ball rolling on 11th December when I sent my request for repayment to NR. I sent it recorded delivery 1st class. According to the Royal Mail website ( track and trace) it has not yet arrived.( Looks like it has been lost). My question is do I have to send another letter - if I had not sent the first one Recorded I would just be assuming now that they had just not bothered replying. Any recommendations? Stig
  20. Hi , I am interested in how you are getting on with NR as I am just starting to try and get back an ERC and Mortgage discharge fee. Thanks Steve:confused:
  21. Hi Firehorse, Snap I started after reading that same article by Neil Faulkner. To find out any information post a new thread in the mortgage companies forum asking for comments from anyone regarding claims against Portman. Cheers and Good luck. Stig1953
  22. Thanks thehomee, I will be sending my initial letter tomorrow. I will post any developments - good luck on yours - 4.5K daylight robbery eh? Thanks Steve:-)
  23. Hi. Not had any response to my intial question so i have drafted a request ( see below) for payment to Northern Rock. If anyone has any comments or advice can they please post. many thanks steve Northern Rock Northern Rock House Gosforth Newcastle Upon Tyne, NE3 4PL Request for repayment of early redemption charge and Mortgage discharge fee Dear Sir/Madam Account Number: XXXXXX I am writing to request a refund of the early redemption charge of £xxx and a discharge of mortgage fee of £xxx which were debited to my account when I redeemed my mortgage on 29/03/2006. I now understand that these charges are in all likelihood disproportionate to the costs that you actually incurred. As such, these penalties are unlawful at Common Law, Statute and recent consumer regulations. Such disproportionate charges are considered to be unfair per se by the OFT who reported on 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. If you believe that these charges are proportionate to the costs you have incurred as a result of the early redemption of my mortgage, could you please demonstrate this by providing a full breakdown of those costs or a pre-estimate of your losses? Please note that I do not require an explanation as to why this charge was made; I am fully aware of the terms and conditions of my mortgage. What I require is a breakdown of your costs in order to reassure me that the charge is justified. Having taken legal advice on this matter it is very clear, as you will no doubt be aware, that English contract law requires such charges to be a genuine pre-estimate of your losses. In the case of Castaneda and Others v Clydebank Engineering and Shipbuilding Co Ltd., (1902) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract as opposed to a charge which represents a penalty. This was upheld in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. In addition to this, your charges represents an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SL. 1999/2083). Your charges constitute an unfair penalty under Schedule 2 of the said regulations, which provide an indicative and non-exhaustive list of terms, which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms, which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would also like to bring to your attention the following statement by the Office of Fair Trading: A term in a mortgage agreement which requires the borrower to pay more for breaching the contract than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable at Common Law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations. The fact that I signed the mortgage offer containing the term relating to the early redemption charge does not make this term enforceable, as I’m sure your legal department are fully aware. I will now give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or if you do not respond positively, within this time period, I shall send you a Letter Before Action giving you a further 14 days in which to reflect. While I would like to settle this matter amicably and without the need for court action and the attendant publicity this will receive, you can take this letter as 28 days notice of my intention to issue a claim should you not comply with my request. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. Yours faithfully, XXXXXXX (Mr)
  24. Hi everyone, I recently changed mortgage provider from Northern Rock to Stroud and Swindon. I was just over 5 years into the mortgage period which had a low fixed rate for the first 2 years. There were ERC penalties for redeeming up to 6 years and I got hit for 1% - £xxx and a mortgage discharge fee of £xxx . Am i within my rights to claim this back and how do I go about it? I was made aware of this site by a link from The Motley Fool (link removed) Thanks in anticipation Stig1953
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