Cook V SPML

[joanneclaire]

Thanks so much, I found this strange as I previously claimed 'alone' from the HSBC our charges from a joint account and it was never an issue. Although it didnt get this far as hsbc just paid up, so this is all new to me.

 

I have also today received a copy of the AQ submitted by SPML, they have ticked yes is section A - asking for it to be postponed for a month

 

they dont agree that it is suitable for small claims and have stated that they believe the 'fast track' is more appropriate?

 

They have asked for 'experts' report at hearing: stating:-

The reasonableness of the charges that are being disputed by the claimant ?

 

and thats it, nothing in the 'other information bit?

 

SGH have asked me to send them a copy of my AQ by return? Do I need to do this? is this normal procedure?

 

sorry for all the questions?

 

thanks again

Joanne

[Les Gunn]

Hi joanne,

 

Yes, the same tactics as they have done with me...the judge told them no to a one month stay and that it would be dealt with at small claims level - I bet they were amused!!

 

Once you have written your AQ out, do 2 copies, and keep one for yourself and send the other copy to their solicitors.

 

Good Luck!

[zootscoot]

How much is your claim Joanne?

[joanneclaire]

Hi,

 

I have now received a court date at my local court against SPML on the 16th March 07.

 

However, on my AQ I did state that I would be on holiday until the 21 March 07 and they have given me a court date when I am away, not sure what I should do, if anything?

 

I also need to prepare a 'court bundle' to send along to court at least 14 days before my court date. Any help or guidance would be really appreciated on what to include.

 

thanks and good luck to everyone

Joanne

[joanneclaire]

Hi,

sorry took me a while to get back here!

 

my claim is for £406.89

 

I didnt have any ERC,s this is just for returned direct debits and the final 'months' interest paid when the mortgage was paid in full on the 16th of the month.

[zootscoot]

There may well be an allocation hearing in which case you can put your arguments for remaining small claims or even better to go fast track without costs. Its also worth putting in an application for a disclosure order pretty sharpish. You may not be able to do this later if it is allocated to the small claims

 

All the best

 

Zoot

[joanneclaire]

I have received a letter today from SGH basically offering me £102 in full and final settlement of my claim againt them. My total claim came to £406 which was for returned DD and part interest claim following the closure of this mortgage (payed full month when mortgage was paid up on 16th of month) I didnt have any ERC's.

 

However, it is the last paragraph in their letter that resorts to their usual tactics.

 

'We are currently awaiting instructions from our client to make an application to allocate this claim to the fast track as we intend to call expert evidence at the trial. If the matter is allcated to fast track you will become liable for our clients costs in the event that your claim fails. Our clients costs to date are approximately £4000.

 

It is our clients intention to vigorously defend this case notwithstanding the small amount you are claiming and hope that you will give serious consideration to our clients offer"

 

has anyone else had any 'offers' of settlement before getting to court? what chance do they have of changing the matter to fast track once it has been allocated in the small claims??

[zootscoot]

I note you've got a date for your court hearing. Did you get your request for disclosure in?

[zootscoot]

Hi,

 

I have merged you threads to make it easier to follow your progress.

 

Did you have any joy regarding re scheduling the court hearing?

 

Is the hearing an allocation hearing or the full hearing?

 

Have you requested disclosure.

 

If it is fast tracked its likely to be on a no costs basis for such a small claim.

[Seminole]

Sounds like the arrogant bully boy tactics so beloved of SPML. As Zoot says the allocation issue is unlikely to be a huge problems and sounds like an attempt to scare you.

 

I obtained a £1,200 refund from SPML last year and they had previously refunded their infamous interest up to the end of the month of the mortgage redemption. Having said that I don't know if that interest falls within the definition of an unlawful penalty charge.

[joanneclaire]

Hi,

thanks for your replies, to be honest Im not sure whether it is full hearing or allocation hearing? how would I know? I have the letter from the court with the date on ect, but it doesnt say anything about full hearing ect?

 

to be honest, this is confusing me a little and I havent had time to spend on it as I wished, hubby had heart op and Ive struggled a little to get into the nitty gritty of this.

 

Regarding the disclosure? in my AQ in the space for 'other information' I had a bit regarding 'order standard disclosure' is this what you mean?

 

I havent rescheduled the hearing as we now arnt able to go away, however, if this is to go to court, I need to get a 'pack' together' to send to court and the solicitors which has to be done 14 day before hearing which is also worrying me as I simply dont know what to include or whether I would be able to stand my ground in court, at the minute Im a nervous wreck so im sure they would simply walk all over me?

[zootscoot]

Did the letter giving you notice of the hearing state which track it was on?

How long has been allocated for the hearing?

 

The dislosure I'm referring to is the draft directions that have been recommended for sending out with the allocation questionnaire.

[joanneclaire]

Hi Zootscoot,

yes my court letter states it is small claims track, hearing to last no more than 90 minutes.

 

I didnt send anything with the AQ? wasnt aware that I should have, I followed the directions from this site in the section relating to filing in the AQ.

 

is there something here I am missing or should have done?

 

Joanne

[zootscoot]

That will be your full hearing its already allocated.

 

Its unlikely they will get it fast tracked at this stage.

 

I've just noticed you are claiming interest for one month which was payable on redemption. I think this is likely to be held to be reasonable compensation for closing the mortgage. It is quite likely it will take some time before they will get a return on the money you have repaid and this is quite normal in ending mortgages even after any tie in period.

 

The offer they have made, does that cover the charges and court fees and interest on the charges?

[gizmo111]

I've just noticed you are claiming interest for one month which was payable on redemption. I think this is likely to be held to be reasonable compensation for closing the mortgage.

 

I have been offered this interest back bascially they charge you, your normal monthly interest regardless of when you redeem, and then ERC and exit fees on top.

[Seminole]

I have been offered this interest back bascially they charge you, your normal monthly interest regardless of when you redeem, and then ERC and exit fees on top.

 

Exactly. It is extremely unreasonable but I don't know if it can be challenged legally.