Harsh Letter received from Kensington *Claim struck out in court*

[lellypea]

ditto Hulse Morgy - if you have paypal a/c pm me if you prefer.

 

Hugs

 

lel

[zootscoot]

A fund will be set up in due course. Jamorgan is applying for leave to appeal. Once we know whether she can appeal we will know whether it is a fighting fund or commisseration fund.

[Nottingham99]

Having read all the comments on the kensington letter it seems to me that the structure of the charge merits comment.In my case the charge was expressed as 6% of the redemption sum in the the first three years of the mortgage and nothing thereafter.Purely arbitrary and very difficult to present as a rational estimate of the loss they might suffer. Also even at a discounted interest rate for the first three years,their rates were still above the regular market.Their letters are intimidating but mostly bluff.It must be called

[Nottingham99]

Do we know the points of law on which the claims were struck out or lost?

 

Nottingham99

[zootscoot]

On the grounds that:

 

1. there was no breach of contract because Jamorgan was exercising a right contained in the contract to terminate early.

2. The term was not subject to the Unfair Terms in Consumer Contracts Regulations because it related to the adequacy of the remuneration or price.

3. Kensington were entitled to their legal costs under the indemnity clause contained in the mortgage.

 

The issue of whether the charge amounted to a penalty did not arise because there was no breach of contract.

[Nottingham99]

Thanks Zoot,

 

What happens next? Is the matter dead or are other cases pending?

[rubber duck]

Thankyou, thankyou,

so much for all the support you guys

and good luck

x

 

 

Jamorgan..

you are one brave,courageous and ballsy individual..go and give them hell ..we are right behind you all the way as there are hundreds more claims on the way and believe me they shall not be able to defend them all however big their litigation department is!

 

good luck!

r.d.

[joneshousehold]

Jamorgan, have only just come across this thread. Good luck with this and don't forget to let us know when a donation fund is set up. I will be donating too. I think you are very brave and I have everything crossed for you.

 

Much respect (as my children would say!) to you and to Zoot.

[Tigs33]

I am also happy to make a donation.

[jamorgan]

Thanks guys,

I'm just waiting for some news from the solicitor.

It's taking some time but hopefully I should here somthing very soon

i'll keep everybody updated soon as

x

[lellypea]

Watchin an waitin Morgy...........

 

hugs

[pipefitterplumber]

Hi i dont know if this is any use in claiming back these nasty erc's, but Tom Brennan the barrister whose taking natwest to court, is using a different approach to claim his bank charges maybe this could be used for erc's

 

 

If anyone is interested, here is Tom Brennan's website.

 

www.tombrennan.co.uk

[alanfromderby]

Hi i dont know if this is any use in claiming back these nasty erc's, but Tom Brennan the barrister whose taking natwest to court, is using a different approach to claim his bank charges maybe this could be used for erc's

 

 

If anyone is interested, here is Tom Brennan's website.

 

www.tombrennan.co.uk

 

No, it has no bearing on ERC's whatsoever.

[blidge]

Hi Jamorgan

 

Still watching with bated breath. We had to sell our house, as I told you before, to avoid repossession, but if we hadn't had to pay the ERC we might have had something to put down on something else, Good luck

 

Blidge

[jamorgan]

I hope we can get some justice for you too Blidge.

 

Just recieved a letter from Drydens solicitors

 

Please note that unless we recieve your satisfactory proposals to repay the judgement debt by 4pm on the 26th April 2007, our client will have no alternative but to enforce the judgement debt through the court.

 

A couple of days ago I recieved a letter from Drydens (for the secound time) requesting, could they have a copy of the transcript

There having a laugh!

 

Not sure what to do now with this

any thoughts

[gizmo111]

My thoughts are if you are appealing the the jdgement is in dispute anyway, and could be overturned, but this is costs awarded on their indemnity so even if you win the appeal you could still be liable for their costs?

Dunno how best to advise you here - hopefully zoot will. No doubt she will be along later.

[Bona]

Have you appealed yet if so tell them that you have lodged an apeal and to get stuffed

[rubber duck]

I hope we can get some justice for you too Blidge.

 

Just recieved a letter from Drydens solicitors

 

Please note that unless we recieve your satisfactory proposals to repay the judgement debt by 4pm on the 26th April 2007, our client will have no alternative but to enforce the judgement debt through the court.

 

A couple of days ago I recieved a letter from Drydens (for the secound time) requesting, could they have a copy of the transcript

There having a laugh!

 

Not sure what to do now with this

any thoughts

 

Jamorgan..

how about creating a "fighting fund" for everybody concerned when they are taking kensington to Court???

this fund can be used to help people to continue their cases even if there was a risk of costs being awarded against them.. in most cases,the judge would not order these costs as long as the refunds are below £5000.- as we all know,therefore the risk is minimal...

 

what does everybody say??

 

consider this ; if everybody who had been hard doe by kensington paid only £10.--each for this fund,we shall have more than enough to represent everybody and believe me this will put the scares up the Big Boy! and many similiarly featured other companies too!

what do you reckon..worth a shot???

my £10.- ready when you are!

 

keep the faith.

R.D.

[mochamoo]

Deja vu:D

[Pliny the Penuriosus]

Indemnity for costs was never intended to protect mortgage lenders from the consequences of unlawful or unfair practice. It was introduced to protect the funds of ordinary society members before they became banks.

 

My view is that you should link unlawful penalty charges together with the ERC as one claim. If you establish that the charges are unlawful then you argue that your contract/agreement has been breached by the lender. Therefore the indemnity clause no longer applies

[blidge]

Yeah

 

I'm up for that, when we nearlky lost our house last year to repossession (due to omgoing charges from everyone) and had to sell, they got £10K from us for nothing!

[zootscoot]

Hi Morgy,

 

You need to send your appeal bundle to the barrister. I've e-mailed you the address to send it to.

 

Do you still have the instructions on what you need to send?

 

Best wishes

 

Zoot

[kennyh]

Hi Morgy-please don't forget that dosh awaits!!

We're not just fairweather friends you know.

[jamorgan]

Thanks for the info Zoots, were getting a little bit of movement now,

sending all the documants he requires today to the barrister at the given address.

Fingers crossed everyone

Morgy x

[hulsevictoria]

Fingers Crossed.

Yep as someone said. Money waiting for you. Just give me the details in a private message.

Good luck.