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


jamorgan
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Good luck Morgy

 

Harsh letter indeed - give em what for!

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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Been away for a few days and missed all this - fingers crossed everything goes well for you today.

xx

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Best of luck Morgy - be strong and you will win through this!

 

:)

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Good Luck for today Morgy

 

Let em 'ave it!'

 

 

Maroonfox5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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I think this was the worst day of my life.

 

Had the solicitor present but they had a Barrister to represent them (actually a very nice guy)

 

My case has been struck out! ordered to pay costs of £4558.00 in the form of judgement.

I feel sick to my stomach

Reasons for this is there is clearly no breach of contract and my claim has no basis in law and would have no prospect of success

I have 14 days to appeal to the judge personally in writing if this is declined I can appeal to a high court judge within 21 days

 

Need help and lots of it what shall I do Zoot

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jamorgan

 

I'm so sorry to hear what has happened - personally I would appeal this decision and also seek advice from zoot and others as to what to do next.

 

Can you PM me with what was put forward by the defence to make the judge award to them?

 

Whilst it may be a small sting in the tail, it won't stop us from continuing the fight!

 

:)

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Jamorgan,

 

I am so sorry to hear this, I feel sick to the stomach for you. I am actually gobsmacked.

 

Chin up, wait for some advice and appeal.

 

(I can't believe they got a Barrister in, what do they charge? £500 to £1000 per hour? Bas***ds).

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JaMorgan

 

This is an example of what everyone dreads and I feel for you. On the positive side, this is absolutely fundamental to everyone at CAG and so you can be sure that everyone will be concerned (not only out of sympathy for you of coarse but also in light of the bigger picture). It may be hard to see the big picture at the moment, but it is clear to everyone who has rehearsed these arguments that you have a strong (at least answerable) position and so it should be heard

 

All the best

 

FNC

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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OMG Morgy, I am so sorry. I don't understand how they arrived at clearly no breach of contract, or the costs.

 

I hope Zoot can let you know on what grounds you can appeal. In the mean time, try and keep your chin up.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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How did they arrive at the conclusion of clearly no breach of contract?

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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I think this was the worst day of my life.

 

Reasons for this is there is clearly no breach of contract and my claim has no basis in law and would have no prospect of success

I have 14 days to appeal to the judge personally in writing if this is declined I can appeal to a high court judge within 21 days

 

Need help and lots of it what shall I do Zoot

 

Very sorry to hear this.

 

How about the arguement that perhaps he is the only judge in the country who didn't agree that this are unlawful, charges.

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Can't believe this and I feel gutted for you Morgy. On the plus side, you've got 2 weeks to make your appeal and there are some extremely well-informed people here who can help you put this together. You've not lost this one yet. Was the barrister exceptionally clever? Could you post details of what the legal arguments were? Try to post as much as you can remember. Could there be a transcript of the hearing? Can't quite believe the judge said clearly no breach or that your case has no basis in law. Another judge on another day and it may have been different. Sounds like he made a mistake. Don't despair, I'm sure Zoot and a few others will have something to say about this.

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Hi

 

Like everyone else, we're really really sorry to hear what has happened. You must feel absolutely gutted, to say the least.

 

Some detail as to what grounds the judge thought there was no case to answer would be useful. No doubt Zoot will assist your appeal(s) and put our minds back on track. At the moment, we feel nervous about pursuing action. We need a morale boost with a quick come-back - maybe a successfull appeal. Fingers crossed for that.

 

Chin up! We've been there, believe us . . .

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Just on this one point alone... you can apply for a transcript but there is a charge and you'll need to 'employ' a company to do the work for you-it would be somewhere in the region of £50 - £100 depending upon the length of the hearing (in minutes).

 

This is, of course, presuming that the hearing was tape recorded....

 

If not, you would need to apply to the court to have copies of notes made by the Judge and for a written reason for the Judgment etc.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Jesus....OMG what a nightmare of a day. Please keep your chin up and you know you will get good advice very soon.

 

xxxxxx

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Just posting some bits that I'm remembering.

 

He struck it out on the grounds of Law and that it was not a penalty as there was no breach of contract. He said we could come out of the agreemant at anytime and it was our choice to do so as we excersied a right not broke a contract.

 

The Judge agreed with the Barristar who had arguments relevant to the past cases i.e Bridge v Campbell emphasising the fact that these were minority decisions.

 

I argued the point that we were offered one product only,and nothing else and if we continued with the three year term we could have faced loosing everthing due to the continuing rises and monthly repayments through years 2&3, he replied I still had the option of

1.not taking out the mortgage and

2. to come out at anytime and pay the ERC

I just went through several para's from my statement that i could rely on and he was unsimpathetic, he was completley on there side.

He also as we signed the contract we new exactly what it entailed.

x

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