Teddea vs Kensington**WITHDRAWN NO COSTS**

[ED1237]

Received a letter from Kensington 11/8 in response to my SAR asking me to clarify what info I needed and if agreed to only receiving some of the information they wouldn't charge me for it. Very generous of them. Sent same day response to the effect that I want everything and they now only have 37 days left (as of yesterday).

 

Mark

[callumsgran]

good for you, and good luck!

[ED1237]

Sort of. I now have a letter from them in my grubby mits advising that they will comply with the request within the given time. Very generouss of them, I must say!!

[ED1237]

I Have received an envelope so large the postie had to deliver it on a forklift truck. Sent off prelim in response for charges and ERC. 28 days to go.

[ED1237]

A while since last posted on this thread so missed a few bits. Had 3 letters from Kensington advising me they were taking more time to respond to my prelim letter. Sent Lba at correct time. Now filed N1 which was considered served today. Let them take liberties with that.

[zootscoot]

Good Luck Teddea,

 

Don't forget to pm a mod you details: Claim no, amount, and date filed.

 

Watch out for the last minute defence and counterclaim!

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/27030-harsh-letter-recieved-form.html

 

All the best

 

Zoot

[ED1237]

Recieved a response from Kensington to prelim letter stating no refund and if I take the to court they will seek an order for costs. To late Kensington, the claim has already been filed

[zootscoot]

They've obviously not received Jamorgan's defence yet.... they'll soon knock that trick on the head lol!

 

Stick with it Teddea

 

All the best

 

Zoot

[ED1237]

Received Kensingtons AQ this morning. They have asked for Fast track allocation and a 2 1/2 day listing. they have also listed costs todate as £950.

[ellielou]

Hi

 

I also have rec'd the AQ back from Kensington. They've asked for it to go on multi track as it will last 2 days, 2 hours & 30 minutes & their costs to date are £100.

 

Doesn't look as though they have a standard procedure yet does it?

 

They've appointed Evershed sols too.

[Bonus77]

Sounds very similar to mine also.. yet to hear a court date back yet though, even though my AQ was sent weeks ago.

[ellielou]

I've been advised my court date will be sometime in June 07 & it'll be on fast track.

[zootscoot]

Wow thats fast.... NOT

[ED1237]

Heard from court this morning. I have a Case management hearing on 13th Feb. Any advice on what to take would be greatly appreciated.

[zootscoot]

How much is your Claim?

 

Has the claim been allocated yet?

 

What is in their defence?

 

Were there any directions from the court?

[ED1237]

Hi Zoot,

 

They are applying for a strike out on basis that it's not a penalty because I was allowed to terminate early. Pretty much along the lines of Jarmorgan. They have only asked for the strike out in relation to the ERC not the charges (I rolled it into one claim).

 

The case management conference is 45 mins and the court will consider :-

 

1) appropriate track

 

2) time estimate

 

3) the need for expert evidence when the defendant says this is an accurate pre estimate

 

4) directions generally

 

5) striking out the claim in respect of the early redemtion fee

[zootscoot]

How much is the claim for?

 

Have they asked you to send any evidence or witness statements?

 

Did you send a draft order for directions with your allocation questionnaire?

[ED1237]

Hi Zoot,

 

Ok the claim is as follows :-

Erc £8,068.49

Charges £270

Stautory interest £1,286.80 at time of claim.

 

They have not asked for evidence or witness statements

 

I sent a letter with the AQ, which said:

 

With reference to the above claim, I have recevied the defence from the defendant and feel this is not complete in that the calculations requires to prove the costs of the purported breach of contract are not included within the defence.

 

In your indulgence, I would respectfully ask, Sir, that you order disclosure of the calculaitons which justify the charges in question, that the defendant may intend to use to defend the claim.

 

I understand that this is within your discretion to do so.

 

I beleive such an order would bring a rapid end to this litigation.

[ED1237]

Hi Zoot,

 

I have been looking into Campbell Discount V Bridge and found this http://www.hmcourts-service.gov.uk/judgmentsfiles/j2089/cine-bes.htm I have read through it and beleive it helps our cause. Can you take a quick look and let me know what you think?

[zootscoot]

I have seen that one I don't remember anything standing out. In what way do you think it is helpful?

[ED1237]

Paragraph's 12 13 and 15 all seem to argue our case and is more recent than others. Just a thought

[zootscoot]

Hi Teddea,

 

Paras 12 13 and 15 simply reiterate the case law we are already relying on.

 

In light of recent events regarding the ERCs it would be wise for you to perhaps make an offer to Kensington to drop the ERC claim on condition they payout the charges.

 

All the best

 

Zoot

[ED1237]

I here what your saying Zoot. It is something I need to mull over really. Thanks for the advice though.

[zootscoot]

Yet another defeat:

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62003-important-erc-claimants-please.html

 

If you are going to start negotiating you don't want to leave it too long!

[ED1237]

I have now pulled the claim. Originally they wanted thier full costs to date. After advice from Zoot I went back and told them I was withdrawing the ERC claim but not the charges. They then called back and offered to agrre no costs if I withdraw the entire claim. As the charges were only £200 ish I accepted. I would advise anyone to withdraw now. The consequences can be frightening. this could include as was threatend a charge on your property to cover the legal costs which could result in you losing your home.