Spml* Withdrawn*

[gizmo111]

AQ = Allocation Questionnaire there is a guide in the templates library.

Suggest you start new thread here.

[martin2006]

Hi Les,

Sorry to hear about your mum hopes shes a fighter like you are.

Well done getting your court date. I am a few weeks behind you and still waitng for mine, AQ went in 2 weeks before christmas.

Heard nothing from SGH for ages.

[joanneclaire]

I have now received my AQ and need to get it back by the 17th Jan.

 

I have looked at the libary to see how to fill this is, all seems straight forward other than section 'G' which is the 'other information' bit?

 

do I just copy what is written in the libary templates section? or do I need to add/change anything?

 

the one in the libary refers to 'banks' and i wasnt sure if this was correct for us as this is a mortgage co?

 

any advice would really be appreciated as i dont want to mess this up now ive come this far.

 

thanks again and good luck to everyone

Joanne

[gizmo111]

Joanne,

 

Can you start your own thread please, instead of posting the same q on everyone elses, then we can follow your story and advise as appropriate.

 

Cheers

[joanneclaire]

sorry

[Les Gunn]

Hello people...right, here's the update!

 

SPML put in their Defence, which went along the lines of, I knew the product, agreed to it, signed up for it, was well aware that the Mortgage was processed and yet I didn't question anything at the time. So basically I have no case. B******s! lol

 

Now, SGH, their solicitors have applied to the Court to have the case dismissed, using the estopple argument as part of the reasoning for this and also stating:

 

1. I have no real prospect of succeeding with the claim

 

2. The particulars of my claim disclose no reasonable grounds for bringing it.

 

3. SPML doesn't know of any other reason why the disposal of the claim should await Trial.

 

The date for the hearing has been moved forward from the 20th to the 2nd of Feb now so i'm busy getting my bundle together.

 

Zoot - i've emailed you with some stuff, so any help would be appreciated.

Gizmo - i've copied you in!

 

[Will Scarlet]

Les, that all looks pretty promising. If the estopple argument really is a non-starter the rest of the defence looks pretty lean to me. If you can get this into a court room, precedent indicates that you have a fighting chance. I wonder if they've got the balls to turn up. Imagine if they lost....the press would have a field day and their exposure would go through the roof....interesting thought.

I wish you all the very best on the 2nd Feb, my fingers, and toes, will be crossed for you.

Good Luck.

[gizmo111]

Hello people...right, here's the update!

 

SPML put in their Defence, which went along the lines of, I knew the product, agreed to it, signed up for it, was well aware that the Mortgage was processed and yet I didn't question anything at the time. So basically I have no case. B******s! lol

 

Now, SGH, their solicitors have applied to the Court to have the case dismissed, using the estopple argument as part of the reasoning for this and also stating:

 

1. I have no real prospect of succeeding with the claim

 

2. The particulars of my claim disclose no reasonable grounds for bringing it.

 

3. SPML doesn't know of any other reason why the disposal of the claim should await Trial.

 

The date for the hearing has been moved forward from the 20th to the 2nd of Feb now so i'm busy getting my bundle together.

 

Zoot - i've emailed you with some stuff, so any help would be appreciated.

Gizmo - i've copied you in!

 

 

Hi Les

 

I haven't received anything from you via e-mail

[Les Gunn]

Will - thanks a lot - I don't mind doing the legwork if they are shown up for what they really are!!

 

 

Gizmo,

 

Could you pm me your email addy again - not sure where it's gone then lol!

 

[Les Gunn]

Well, the reply to the Strike Out application and a big bundle were delivered to the Court today and also sent to SGH out of courtesy.

 

Roll on next Friday at 10am - don't s'pose anyone else is up in the Teesside area and fancies holding my hand?

 

[ehealey]

I am not sure whether this helps and I can fax a copy or send via post, but in July 2004 we moved to New Zealand and sold our house we were charged a PRC of $7500. We wrote letters to the Lord Burns

Chairman, Chairman’s Head Office, Mr Luqman Arnold, Chief Executive and Angus Porter - Customer Director anyway to cut a long story short we got a letter back from Bill Tarbuck - Asstant Manager - Regulated and Final Stage Complaints - quote

 

'I have not investigated your concerns at this final stage of our internal complaints procedure.

 

I have reviewed available correspondence and history of your account. In november 2003 you arranged a mortgage on product FD003, 4.65% for five year fixed rate to the 2 November 2007. Your mortgage offer dated 25th November 2002, included a condition that a Product Related Charge (PRC) equal to 290 days interest at the fixed rate, would be made on any amount repaid or transferred prior to the 2 November 2007. There is no provision in the contract for a reduction in the PENALTY based on the length of time the mortgage is held. Whilst I sam sympathetic to your circumstances, I do not feel that Abbey is any way responsible for them. All we are now doing is asking you to comply with your obligations under a contrct into which you freely entered, in the same way that, very properly, you would expect us to comply with our obligations under the contract.

 

I apprciate this decision will come as a disappointment to you. However, I regret to inform you that our internal complaints procedure has not been exhausted. This entitles you to refer your complaint to the Financial Ombudsman Service. They may consider your complaint as long as it falls with their rules, and as long as you refer it to them with 6 months of the date of this letter. I enclose a copy of the Financial Ombudsman Serviecs leaflet for your reference. I should also mention that as the complaints procedure is now exhausted, the Company cannot enter into further correspondence with you on this matter.

 

Yours sincerely...'

 

I'm not sure whether this helps the cases against the shabby Abbey but this guy has admitted it is a Penalty maybe this has implications for all parties??? Not sure.

 

Cheers, Em

[cross379]

Hi Les, Ive been following your case 4 a while (new member) just wanted to say Good Luck 4 ext teusday, i hope you win 4 all our sakes!! SPML charged me £6,500 when i sold my house 8 months on frm when I remortgaged (partner split) and that shortfall which I had to make up using high interest loans to get dep 2gether 4 next mortgage (Kesington) really led to my bankruptcy 3 years later so ........you go get em. I will start my action agaist them as soon as, i did pay up and they weret included as creditors as I owed nout so now revenge is mine!! Good luck again!!

[Les Gunn]

Thanks a lot cross379,

 

Just getting some docs together before I submit the bundle. If Friday goes in my favour, then I have a fighting chance at the hearing.

 

 

 

Hi Les, Ive been following your case 4 a while (new member) just wanted to say Good Luck 4 ext teusday, i hope you win 4 all our sakes!! SPML charged me £6,500 when i sold my house 8 months on frm when I remortgaged (partner split) and that shortfall which I had to make up using high interest loans to get dep 2gether 4 next mortgage (Kesington) really led to my bankruptcy 3 years later so ........you go get em. I will start my action agaist them as soon as, i did pay up and they weret included as creditors as I owed nout so now revenge is mine!! Good luck again!!

[freestone]

Hi Les

Have been following your fight with SPML I currently have two ERC's which I shall attempt to claim totalling nearly £40k!!!

I wonder if you should look at jamorgans case. She had a solicitor and brief turn up at her court case. I am worried for you that SPML will do the same. You know how slimy barristers can be. Zoot and others quote in equable representation and I believe you should be able to do the same. this is just really a warning to be prepared. You can't put anything past these guys!!! Now I have probably warned them as they will be looking at this site!!! Good luck either way everyone is rooting for you!!!

[joanneclaire]

Les just to wish you good luck on Friday and may justice be yours at last!

 

My clocks ticking too.....

[cross379]

Hey Les, have you had any news 2day re: SPML? hoping they will settle with you at the last hour save you having 2 go court???!

[martin2006]

Hi Les,

As you know, im at exactly the same stage with SPML. My 1st hearing is tomorrow.

Thr Estopped argument is surely a non starter. They argue that coz we paid the ERC with no complaint at the time and with the benefit of both a financial adviser and legal advice, that its tough!!!!

In reality, the lawfulness has only recently come to light. Had we known before, it would have been challenged before.

They also claim that had we challenged its lawfulness earlier, then they wouldnt have allowed us to repay the mortgage!!!! How unfair a term is that!!!

 

Did u get my E-mail Addy? If not, post back and ill re-send it.

[martin2006]

Hi les, just got back from court with SPML. Expect to get a phone call from SGH late today, asking if they can fax you the skeleton argument. I got it in the post this morning. They will send a barrister, Mine was a guy call Hugh Jackson.

Have you been allocated 30 mins for tomorrows hearing? If so, argue that it is insufficient time to cover all the complex issues. You should need at least 2 hours and then if all goes well a full day at trial.

 

Let me know if you get that call from SGH.

Good luck mate.

[Les Gunn]

To fellow SPML'ers and others...

 

I have had to make the hardest decision of my life in the last 24 hours and it's caused me a lot of pain and tears.

 

My mum isn't too well with terminal cancer and i'm not sure how long she has now - she's gone from a robust and hearty 16 stone to 10 stone in a few months and is hardly eating.

 

All my time has been utterly absorbed in doing the claims, to the point, where I have almost become obsessed and given her, little, or no time at all.

 

I made a very big decision yesterday to drop the claim. It kills me to say it for the fight each and everyone of you is having, but I have to weigh up the gain of a few thousand pounds to a person that has brought me up and means so much to me to lose without being able to cherish the remaining time I have left with her.

 

I am truly gutted to the core because my argument, with so many peoples help from here (including the wonderful Zoot) was a strong one. But emotion intervened and I need to devote time to family and not other matters.

 

For me, the journey is ended, but for martin2006 and gizmo, I say, give them hell eh? And thank you for all your support.

 

I signed the documents today agreeing to withdraw with no costs awarded to either side.

 

In my heart, I hope you understand - I have spent more hours and late nights than I can care to mention concentrating on this - but I make no excuse for my reasons to do what i've done, because for me, it's the right decision and no money can replace something so dear.

 

Best wishes everyone,

 

Les

[martin2006]

So sorry about your mum Les and im sure its the right thing that you are doing. Good luck to you both and i hope we will hear from again soon.

 

Bye for now m8

 

Martin

[gizmo111]

To fellow SPML'ers and others...

 

I have had to make the hardest decision of my life in the last 24 hours and it's caused me a lot of pain and tears.

 

My mum isn't too well with terminal cancer and i'm not sure how long she has now - she's gone from a robust and hearty 16 stone to 10 stone in a few months and is hardly eating.

 

All my time has been utterly absorbed in doing the claims, to the point, where I have almost become obsessed and given her, little, or no time at all.

 

I made a very big decision yesterday to drop the claim. It kills me to say it for the fight each and everyone of you is having, but I have to weigh up the gain of a few thousand pounds to a person that has brought me up and means so much to me to lose without being able to cherish the remaining time I have left with her.

 

I am truly gutted to the core because my argument, with so many peoples help from here (including the wonderful Zoot) was a strong one. But emotion intervened and I need to devote time to family and not other matters.

 

For me, the journey is ended, but for martin2006 and gizmo, I say, give them hell eh? And thank you for all your support.

 

I signed the documents today agreeing to withdraw with no costs awarded to either side.

 

In my heart, I hope you understand - I have spent more hours and late nights than I can care to mention concentrating on this - but I make no excuse for my reasons to do what i've done, because for me, it's the right decision and no money can replace something so dear.

 

Best wishes everyone,

 

Les

 

Les darling my heart goes out to you - enjoy and cherish what time you have left with your mum, at the end of the day money is bits of paper and metal - we can earn more but we cant buy time. Please keep in touch if you need support or a chat through the difficult times ahead you know where I am.

 

S xx

[paulpb123]

Very sorry about your Mum, Les. Kind of puts all this into perspective really because, like you say, a few thousand quid means nothing compared to your loved ones. You are doing the right thing to drop this and I really do wish you and your family all the very best.

Paul

[tallchap]

I don't think I've ever posted on one of your threads, but your name has been everywhere, pushing to get your voice heard against a v difficult opponent.

 

You are making the right decision in every respect.

 

Make the most of the time.

[zootscoot]

So saddened to hear of your situation Les.

 

I know how much time and commitment your have invested into your claim and supporting the cause as well as supporting others in their claims. You've shown great resolve in getting as far as you have and I appreciate the decision has not been an easy one. Your energy and enthusiasm has been inspiring to many.

 

However, whatever the mortgage companies take from you, don't let them steal the precious moments you have with your Mum. You only get one Mum and Mums are worth so much more than any mortgage company. You've made the right decision. Leave the rest of us to tackle the mortgage companies and we'll be all the more determined knowing we're carrying on the fight for you.

 

Take care

 

Doreen xx

[dolly]

Les,

 

You are making the right decision, we all know that and no-one would say otherwise. Money is just that while your mum is your mum and no one will ever be able to replace her. Cherish every moment that you can with her and enjoy as best you can the time you have left.

 

Take care,

 

Love Debbie

xxx