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

[Bona]

jamorgan

 

when you write to the Judge if that is what you decide to do if he will not allow you to appeal it would be against your human rights!!! so tell him that, we will back a collective action but as we allready have been told by a Judge that we should be allowed to have the mortgage companies costs assessed we will probally get there befor an action will keep people posted

[paulpb123]

I think the idea of getting a transcript of the hearing (if that's possible) might be a good way forward. That way, Morgy can post everything that was said and it would make it easier to write a letter of appeal based on the arguments used in court. If this takes time (and doesn't it always?) maybe apply for an extension which is what the mortgage companies do to give us the run around. Hang on in there Morgy, I'm sure there's much more knowledgeable people than me racking their brains over this one.

[The Avengers]

Its us again,we have contacted a solicitor who is a specialist in this field and would be happy to carry out a CLASS ACTION.

 

We need all your support though,we need to take these companies on like for like.

 

Please see our thread for your support.

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/59149-fighting-fund-mortgage-erc.html.

 

We cant do it without you we need all your support and we need to HELP MORGY and any others in same predicament.

[ellielou]

Wow The Avengers - how great are you.

 

Chin up Morgy EVERYONE is well behind you on this one. And I'll happily chip in £20 too.

 

Hope you're felling better about it all today

[maroonfox5]

Absolutely gutted Morgy

 

Will happily donate £20 for you,don't forget you're not on your own here,and the fight isn't over yet.

 

Chin up

 

Maroon

[The Avengers]

Hi Morgy

 

We are getting so much support for this Fighting fund to help you and all of us,we are behind so keep your chin up because if you decide to go for appeal we will make sure you have a Lawyer by your side acting on your behalf .

Please support our fighting fund

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/59149-fighting-fund-mortgage-erc.html.

 

x

Lets go get them

[dolly]

Goes without saying that I would happily throw £20 into the pot for you too.

[lellypea]

Hi Morgy

 

I'm new a new ERC er on site an Kensington is one on my hit list.

 

Just read your thread....literally sobbed for you hun. Wish I could crawl down the wire and hug you. You must feel like you've been run over with a steam roller. The thought of you ..alone... in that alien (gobbledygook)

scarey environment makes me boil.

 

Im definitely in for £20 - just say 'how'..(going to new site next to do it

if I can). Totally behind whatever support - financial or any other - that

can be given you - we ALL owe you bi style - an your welfare is valuable to us all.

 

I think you are a star - an this thread is courageous and moving, as well as hugely informative and inspirational. Thanks so much ....an hang on

in there whilst the support you need rallies.

 

hugs an love

 

lellypea

[zootscoot]

Hi Morgy,

 

I am still absolutely devasted for you. I believe the decision was wrongly decided, however, much as it pains me to say this I don't think you should appeal.

 

This was strike out hearing and therefore even if the appeal is successful you would still have to have a court hearing to determine the issues. The worst case scenario being you win the appeal and then lose in court hearing. Their costs already are substantial and in the event that it did go to trial, the costs are likely to be 10s of thousands maybe more. I really don't want you to be exposed to such risks.

 

The issues with mortgages are not as clear cut as the bank charges and therefore I believe the risks are too high.

 

I still feel that you had a really strong case and felt I had covered every possible argument. However, I recognise that perhaps I am looking at things too much from the claimant's point of view and may be missing some obvious points, although, from your comments, it seems the judge gave scant observation to your arguments. I am reviewing the mortgage claims with a fine tooth comb in light of this decision.

 

This has been the most difficult post I have ever had to make. Not only because I would truly love to know the outcome of any appeal, but also because Kensington make me so mad. The countless threads on this forum reiterating their evil practices have often brought tears to my eyes. However, I really do not want them or their lawyers to take another penny from you.

 

I am so sorry that I can not be more positive at this time, but I think your best option would be to call it a day. This, however, is your decision.

 

All the very best

 

Zoot

[jamorgan]

Hi Guys, i'm feeling good today.

 

I LOVE you all so very much, you are all a breath of fresh air, and the support and suggestions you have made are mind blowing.

I CAN'T THANK YOU ENOUGHxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

A bit of news for you though

I had a bizarre conversation with someone today.

I rang the court and asked for the section that could help me with regards to the transcript they put me through to a guy and the conversation went something like this:

I was at the court yesterday for a cmc and unfortuanly lost my case,therefore the Judge struck out my claim, then this guy said

"yes I am aware of that mrs Morgan I was there yesterday, I am the clerk " (o great I thought to my self)

I told him that after yesterday I seeked a little legal advice (from my friends) and the first bit of advice given was to obtain a transcript and could he be very kind enough to advise me how to go about doing this

but to my surprise he replied "I am glad you have done that"

well i was bloody gobsmacked

I replied "I didn't do very well yesterday did I" He said I thought you did very very well especially compared to some people who come through these courts, (I nearly started to cry)

 

He then said he would get everything typed up and sent out asap and he would include instructions on how to get the transcript.

Then to my surprise he said to me "just remember what the Judge said to you last going off, try to remember his words he was trying to help you

 

Well the only thing I can think of is

I could appeal and have 14 days in which to do so but I was to personnally appeal to him in wrighting, then the Barristar cherped up and said I think you will find Mrs Morgan has 21 days to appeal to the high court and doesn't actually need to go through you.

 

What's your thought on that guys?

[jamorgan]

Hi Zoot, yur still my rock my darling.

 

Thanks for your comments I do appreciate them I know how you feel and what you mean makes sense,

Shall we just see what happens in the next few days and decide then

If I decide to appeal do you think you would help me write the letter to the Judge.

and can you advise me on what usually happens when you do write an appeal and what happens next can you give me some info on the procedures

x

[zootscoot]

Hi Morgy,

 

I'll be honest with you and say I'm now getting a little out of my depth. My knowelge of law comes from a lecturing background and not practising law so court procedures are not my strong point.

 

I still feel that your case was wrongly decided but I would prefer that you got a second opinion given the potential risks involved. Your result has made me question my objectivity and whether I was too busy looking for arguments in your favour without being mindful of any arguments against. Having gone back over it I still feel you should have won. However, I don't want to trust my judgment because I am perhaps too closely linked to your case and I certainly wouldn't want you to rely solely on my judgment and make a gamble with such huge sums at stake.

 

I'm not sure what you can make of the comments of the clerk. It could be that by granting the strike out the judge was helping you by saving you costs or it could be that he felt he was constrained by precedent and wanted it to appeal to a higher court. Or it could be the clerk was simply trying to cheer you up.

 

It would certainly be good to get the transcript and it may give you an indication as to whether its worth taking further. I think you need to take independant legal advice before deciding whether or not to proceed. I think you can get an hour free advice under legal aid (not entirely sure if this is still the case).

 

I'll support you whatever decision you make and I know that its a tough one.

 

Take care

 

Zoot

[paulpb123]

Hi Morgy, Hi Zoot,

I know little about the procedures here, but what if an appeal was made and it was successful? Wouldn't that at the very least mean back to where we were before yesterday's appaling decision? Wouldn't that at least eliminate the costs side of things? I know the case would still be fast tracked but if we could raise the money for the services of a barrister surely it would have a better chance of success? Or am I being naive about this? Let's see what happens with the transcript, there might be something glaringly obvious and wrong (he said hoping!). Also, we may have one last card to play here. A member of my family is a contract lawyer. Its a family thing that we don't tend to hassle her and she's very difficult to get hold of. I've not asked for her advice about my claim at all (and not spoken to her for over a year) but now might be a good time to see if she can offer some pointers. I'll be in touch.

Very best wishes,

Paul

[00765]

Jamorgan, you certainly are courageous. I too am just about to commemce my battle to recover at least some of the £16,000 ERC & £14,000 Interest that Kensington snatched from us, when we recently had no option but to sell our home.

 

Your experience actually makes me more determined to go forth in battle with KMC.

 

Despite my endless debts, i would be more than happy to donate £30 (after posting this i shall visit The Avenger's fund thread to see how to donate the money)to any appeal you may wish to mount. KMC are in my view the worse of the bunch, + i am aware of one couple who did recover their ERC from KMC.

 

There are indeed great people on this site & thread, with a wealth of knowledge & i'm sure whatever you decide to do, will be the right decision for your particular situation. Thank you for setting the pace on a risky but principled trek.

[red1]

00765

Could you post further info about the couple who won against ERC.

Thanks

[Guest DEATHLORD]

Well I think the judge was trying to help himself AND Jamorgan. I have been into court more times than I care to rember and there are some D/Js who listen and some that don't. I think you should get a tansprit of the hearing. IF YOU DO NOT APPEAL THIS SETS A PESEDENT so you must write to him, I know there a fund going on, let me know were to send the £100. start off.sub prime lenders know you have no money to defend any cases so thats why they send top guns why was there the need to send two and not just a solicitor, as this should also be a question as to their costs.

so come on lets still go for it

(and we know your watching this site guys!)

[red1]

Hope they are watching Deathlord, then they may realize that the little guy is not gonna sit there and have sand kicked in his face any longer

[Bona]

Hi Morgy

 

Just got in so trying to catch up with all the messages , I think the clerk might have been giving you a hint on what grounds to appeal you need the transcript, but this takes time the nearest for you is Cater walsh Transcription services IC The Court Newport road Cardiff CF 24 1 RH If you ring them on 02920453258 they will give you a quote and you can tell them that you need it before you can decide on an appeal and the time factor it doesnt come cheep mine was half and hour approx and I paid 159.00 you dont need the pleadings just his judgement hope this helps

you can then make an informed choice with the help of zoot and others

Keep your pecker up

[dogwash]

Hi Morgy, I'm glad you are feeling a bit better today. I think the clerk was trying to tell you something - what I don't know. I did think it was odd that the Judge told you if you appealed it was to be to him personally - a bit difficult I would have thought appealing to him about his decision. I do think you need expert legal advice on appeal because I would imagine that any appeal would have to be based on point(s) of law. You do need someone who is "expert" in this field of law and hopefully Paul (above) may be able to help with this family member - even if she can't do it she may well know someone who does. I think realistically you may need to seek Advice from Counsel (barrister)and this may cost you quite a bit - off the top of my head maybe £1000. Perhaps this could come out of the fighting fund. Even if you won your appeal with regard to costs (which may be what the Judge has in mind) it would be worth it. Then wait and see if anyone else has Judgement made before deciding to continue to High Court. I'm in Court 19 Feb against GE Money. It's small claims so no fear of costs. I well understand where zoot is coming frokm she must feel awful but doesn't need to she did her very best. People pay thousands for drafting of legal docs and still lose. Good Luck. Remember we are all with you on this.

 

Sue

[dogwash]

Deathlord makes soime very valid points above. Why indeed did they send and pay for solicitor and barrister if the decision was so straightforward. Look what it cost them - they stood the chance of losing and were still prepared to pay out thousands. It may be that the Judge wasn't himself sure on the points the barrister raised at the hearing so rather than drop himself in it by finding for you and risk an appeal from Kensington he found in their favour. If you appeal then this gives him more time to go through the evidence and transcript. Just a thought!

[priestley1965]

Hi Jamorgan.

 

Sorry to hear your bad news!!!!

 

Also worried as I am due in court tomorrow in a similar claim against Platform, but guess what.... their solicitors are Drydens, It is Simon Plunkett dealing with it and they too have employed the services of a barrister.... their costs so far are £3091.80.

 

Hope everything works out for you!!!

 

Alan......

[Les Gunn]

Dogwash,

 

I could imagine the CEO of KMC sat there banging the table and saying to a barrister "you WILL win this case or else...!!" There is a great deal of truth in what you say though...

 

Like everything in life, you take risks and we all wouldn't be fighting if we didn't believe eh?

 

[Bona]

For anyone who is in court and god help us looses ask for the costs to be assessed if not agreed that way they have to list every telephone call letter etc then you can see how unreasonable the costs are and so can the judge assessment costs but if they think their bills are going to be scrunized they quiet often lower them you can also negotiate time to pay

you wouldnt believe what a costed bill can throw up

[Dangermouse]

Hi there

 

Really sorry to hear this result.

 

£20 on its way from me and good luck, class action sounds a good idea to me there are plenty of us.

 

Dangermouse

[dhoom]

Jamorgan

 

In my view I think what the Judge is trying to tell you is the following:

 

You have a case, but you have not come prepared and are not in a position to argue your case against Kensington.(they have obviously used similar arguements in the past and got away with it)

 

Therefore the first round goes to Kensington, all is not lost, because I know you will come back prepared a better fighter.

 

Let Kensington have the upper hand for the moment, and lull them into a false sense of victory.

 

When you have done all the research and found the loophole in the arguements that Kensington seems so victorious about come back and make a case of it so it almost sets a way to future claims for the rest of their victims.

 

One other point to note is that a Judge, will almost always say that you cannot appeal his decision, if he feels there is no chance for further arguements.