Cheshirelad Repossessed

[jansus]

Hi again

 

Not sure about the statute barred bit - on a mortgage I thought you could go back 12 years? After all they can chase you for 12 years for a shortfall?

 

I agree about changing the terms of acceptance if you think you have a good case to carry on.

 

was the50% offer 1/2 the charges or 1/2 the charges` plus interest accruing?

[CheshireLad]

Hi again

 

Not sure about the statute barred bit - on a mortgage I thought you could go back 12 years? After all they can chase you for 12 years for a shortfall?

 

I agree about changing the terms of acceptance if you think you have a good case to carry on.

 

was the50% offer 1/2 the charges or 1/2 the charges` plus interest accruing?

 

Hi Jansus

 

They say its statue barred by the limitation act 1980, but I believe they must be agreeing their charges are penalties charges to invoke this Act and as such these charges are unfair as per the OFT statment re: charges.

 

They are offering a refubf of the charges that are within the 6yrs plus interest and my MCOL fee.

 

Cheshirelad

[jansus]

from a company charging to help reclaim

" Unlike bank charges, it is possible to claim back

mortgage penalties going as far back as 12 years. (as opposed to 6years on bank charges). Even if you no longer have a mortgage or have changed lenders they can still be"

claimed back. Consumers have had a rough ride for years and had enough punishment inflicted on them. So why are you waiting? It is your money and it is definitely worth

[jansus]

if it is a mortgage and not a secured loan then:

 

 

 

If it Your mortgage lender may begin chasing you for a mortgage shortfall, which was the result of repossession. The time limit is slightly different for the mortgage lenders as they have 12 years before the debt becomes Statue Barred. The Limitation Act 1980 | Debt Advice | Payplan

 

 

Quote:

Originally Posted by s20

(1)No action shall be brought to recover—

(a)any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or

(b)proceeds of the sale of land;

after the expiration of twelve years from the date on which the right to receive the money accrued.

 

 

Limitation Act 1980 (c. 58)

 

"

[CheshireLad]

if it is a mortgage and not a secured loan then:

 

 

 

If it Your mortgage lender may begin chasing you for a mortgage shortfall, which was the result of repossession. The time limit is slightly different for the mortgage lenders as they have 12 years before the debt becomes Statue Barred. The Limitation Act 1980 | Debt Advice | Payplan

 

 

Quote:

Originally Posted by s20

(1)No action shall be brought to recover—

(a)any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or

(b)proceeds of the sale of land;

after the expiration of twelve years from the date on which the right to receive the money accrued.

 

 

Limitation Act 1980 (c. 58)

 

"

 

thanks Jansus

 

I'm submitting my AQ to court tommorrow and continuing

[jansus]

Have you done any research on whether any other cases have gone to court?

 

I agree that by offering you 50% they do seem to be admitting liability but I am not a legal expert and would not like to see you fall at the last hurdle.

 

When I claimed my bank charges and was negotiating the day before court I actually re-ran my spread sheet with the charges less £12.00 ( as that is what had been recommended on credit cards.) In other words I was aware I would have been charged for going over my limit but it was the amount that was excessive. If they had offered me that amount to be honest I would have been happy. As it happens they did offer the full amount but that may be worth keeping in mind.

 

I will be watching with interest as this is an area I would really like to see moving forward and other people being able to feel confident about claiming.

[jansus]

By the way reference the ERC - I think I said before that when i contacted the FSA and FOS they both said that if a claimant sent details then they would look at individual cases - but could not answer a general question.

 

I would complain about this and if the original key facts summary did not make it clear about the ERC in cases of possesion then yes complain.

 

Also there is something else I read the other day I will post in a minute.

[jansus]

from CML

 

Sale of Properties in Possession

18. When selling properties which have been taken into possession lenders are under a duty to obtain the best price reasonably obtainable. A lender is not bound to postpone the sale in the hope of obtaining a better price at some future date; however, the lender should allow sufficient time to permit, for example, proper advertising so that the best price obtainable may be achieved. Mortgage lenders generally use the following administrative procedures for selling properties which have been taken into possession.

Administration

 

 

 

 

Question how long did they advertise the property for?

[jansus]

Guidance notes

 

see guidance notes oct 08

[CheshireLad]

Have you done any research on whether any other cases have gone to court?

 

I agree that by offering you 50% they do seem to be admitting liability but I am not a legal expert and would not like to see you fall at the last hurdle.

 

When I claimed my bank charges and was negotiating the day before court I actually re-ran my spread sheet with the charges less £12.00 ( as that is what had been recommended on credit cards.) In other words I was aware I would have been charged for going over my limit but it was the amount that was excessive. If they had offered me that amount to be honest I would have been happy. As it happens they did offer the full amount but that may be worth keeping in mind.

 

I will be watching with interest as this is an area I would really like to see moving forward and other people being able to feel confident about claiming.

 

Hi Jansus

 

thanks for this, not found many other cases of people persueing mortgage co's with any consistent success. It does'nt seem as straight forward as bank charges.

 

Cheshirelad

[CheshireLad]

Jansus

 

I checked with the court today and they say I alright for a few days to get my AQ in.

So gives me a little more timeto get my thoughts together

 

Attached is a copy of the letter from their solicitors send I would welcome your opinion

 

cheshirelad

[midge61]

Hi

 

Images are too small to read:-| Try using photobucket

[CheshireLad]

I have another case going now 'Cheshirelad v Mortgages Plc' possibly should have its own thread?

 

Done all the prelimary stuff SAR, request letter for unfair charges and penalties with interest circa £2500, LBA

 

All the usual replies so I MCOL and they submitted a defence earlier this week a copy of which the court has sent me today

 

Their defence handwritten on one of their compliment slip's says ' Account number can't be traced for this customer. regards'

 

I clearly stated my account number on the claim and have double checked it and its the same as the one quote on all letters and SAR

 

I was g**smacked, I would appreciate comments and opinions from anyone. My questions are

 

1. Is this a real defence?

 

2. The court has accepted this as a defence, should they?

 

3. Its not signed and there's no name on it

 

4. What should my next course of action be, the court are asking me for an AQ

 

regards

Cheshirelad

[CheshireLad]

Update:

 

The court would not give me a summary judgement but made an order giving them till 31st July to submit a proper defence.

 

I received a letter from their solicitors with a copy of a defence they were going to submit. Which basically said my claim was poorly pleaded and they we're embarassed to have to defend it. They said they had no real details of my claim and would be seeking to have the claim struck out.

 

Well the court never received this and no defence has been file, so yesterday I got my judgement by default for £2500 (not sure if this is correct? as an order had already been made by the judge which they failed to comply with)

 

I have issued a warrant of execution, so baliffs are going in A.S.A.P NO MERCY they never showed me any!

 

Wish I was a fly on the wall

 

Of course they could go for set aside just have to wait and see

 

Cheshirelad

[angel_1]

hiya am subbing so i can help a friend, any updates please

 

cheers angel x

[CheshireLad]

hiya am subbing so i can help a friend, any updates please

 

cheers angel x

 

Well they applied to SA and the hearing was on 6th Nov,

 

it didn't go very well:( despite having prepared a good witness statement

 

They sent a £700 an hour barsister along, well tooled up with all his legal books. the Judge said he could have a turn then me then the judge would sum up

 

I thought it was going ok, till the judge interjected regarding the faxed defence that didn't reach the court and sumerised that maybe it did. Then it seemed to turn and I almost got the feeling the disicion to set aside had been made.

 

When he turned to me and said now I have read your WS, is there anything you would like to add. And although I went though it, it didn't appear to matter.

 

He basically said the defendant was obviously submitting a defence, they had applied to set aside in good time and their defence had a real prospect of success

 

Then the real shock was when he awarded costs against me on the basis it was my fault I had put the defendant to the expense of having to set aside the judgement and only after pleading I was not at any fault with court process, and not in a position to pay he discided not to award them, phew!

 

I'm waiting for the actual judgement and new hearing date now.

 

I have to say, I'm not sure about continueing with my claim now, basised on what the judge said about the prospect that their defence would succeed and the pospect that costs would be award if I don't win

 

Cheshirelad