Mortgage case being put to multi-track???

[borgbaiter]

hi all

 

i applied for a stay on my case so the FOS could look at it. and have just had this from the court it doesnt seem normal to me.

 

 

"Notice of Hearing of Application

 

The hearing of the claimant's application for - (see copy attached) will take place at 10:30 on the 22 August 2008 at Colchester County Court, Falkland House, 25 Southway, Colchester, Essex, CO3 3EG

 

Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter, However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing."

 

im a bit confussed as it seems to say heres the date time and place but it could be wrong???

 

 

any thoughts?

 

 

Borgbaiter

[steven4064]

The bit in bold is just a standard disclaimer in case something else overruns so that you case is late starting or the judge is off sick or....

[borgbaiter]

hi

 

does anyone know what happens at a

 

"Notice of Hearing of Application

 

The hearing of the claimant's application for - (see copy attached) will take place at 10:30 on the 22 August 2008 at Colchester County Court, Falkland House, 25 Southway, Colchester, Essex, CO3 3EG............."

 

will i need to prepare anything for this?

 

 

 

Borgbaiter

[JonCris]

Well yes. You have made an application for a stay have you not? & if so you must prepare you argument as to why to be presented, by you, at the hearing of YOUR application

[borgbaiter]

hi

 

What i wrote on the N244 was as follows

 

SECTION 3

"A STAY OF THE CASE TO ALLOW THE FINANCIAL OMBUDSMAN SERVICE TO MEDIATE ON OUR CASE IN ACCORDANCE WITH THEIR RULES AND IN ACCORDANCE WITH THE COURTS DIRECTIONS THAT THE PARTIES CONSIDER ALTERNATIVE DISPUTE RESOLUTION"

 

SECTION 10

 

"THE FINANCIAL OMBUDSMAN SERVICE HAVE AGREED TO ACT IN OUR DISPUTE AS LONG AS THE CASE IS STAYED"

 

 

I dont really know what else i can say in regard to this. The defendant has agreed to the FOS dealing with this all be it in a "without prejudice" letter and meeting.

 

 

any help grately appreciated.

 

 

 

 

Borgbaiter

[JonCris]

Yes the FOS is fine but again has the other side also agreed to the set aside in writing

[borgbaiter]

hi

 

they agree in writing but only in a "without prejudice" letter. No mention of set aside has been made.

 

 

Borgbaiter

[borgbaiter]

hi

 

just an update. case has been stayed and is now with the FOS.

 

 

Borgbaiter

[borgbaiter]

hi

 

does anyone have a copy of

 

Council of Mortgage Lenders "Statement of Practice on the Transfer of Mortgages"

and

"Independant Television commission code of advertising practice"

 

or know a link to them? they are referenced in The Mortgage Code but i cant find them on the web anywhere.

 

 

Borgbaiter

Edited August 22, 2008 by borgbaiter

[mrsfoot]

Hi Borg

 

I have had little luck trying to find the links for you, however it does seem Mr Michael Spicer made reference to it and has been recorded in Hansard. My advice is to email Mr Spicer and ask him for a direct link to the Statement of Practice. he may also be able to hewlp with the independant Television practice too. Here is the link for the Hansard report.

 

Mortgage Transfers (Hansard, 23 May 1990)

 

Hope this helps

 

Mrsfoot

[borgbaiter]

hi mrsfoot

 

ofcom sent me a scan of the advertising one. thanks for looking.

 

 

Borgbaiter

[borgbaiter]

hi

 

Does anyone have experience of asking for an ombudsman to review a complaint after the FOS has made its findings. is this purely a tick box process or does it have any merits?

 

 

thanks for any help

 

 

Borgbaiter

[midge61]

Hi

 

I think tifo has experience on this. Give him a pm.

[borgbaiter]

Hi

 

FOS came back and rejected all of my claim, cashback panalty, penalty charges and interest.

 

Chelsea resurected their offer to settle of £500 (in addition to £172 repaid previously)

 

considered appeal of FOS but given the tone of the findings it seemed unlikely it would have made any difference. return to multi track is beyond my means to fund so accepted the offer.

 

overall it was a lot of work (4 lever arch files of documents) for an unsatisfactory result. the FOS position on mortgages penalty charges is especially disturbing to me.

 

for anyone interested their findings can be read here

 

http://www.scribe-computers.co.uk/FOS/Financial%20ombudsman%20findings%20blacked.html

 

http://www.scribe-computers.co.uk/FOS/Financial%20ombudsman%20findings%202%20blacked%20out.html

 

still on the plus side £500 is £500

 

 

Borgbaiter

[Blossomandebony]

Hi, Borgbaiter,

 

Just read the FOS response that you posted - unbelievable!!!

 

So sorry that they proved absolutely toothless and gutless, (yet again), but at least you've come out with the £500, and live to fight another day . . .

 

BAE