Stef v's Abbey Mortgages

[tamadus]

I do not have a court date yet rascal.

 

The amended defence has been allowed and I received a copy this morning. The Judge ordered it should be filed and served by 5 January after which he woud issue directions. I expect either an allocation hearing or a court date sometime after that.

 

I am tempted to file my reply to it this week and send DLA a copy, then sit back and see what they come up with.

[ehealey]

Hi Rascal,

 

I am not sure whether this helps, 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

[rascal3103]

Hi Ehealey,

 

I am not legally up on everything so I dont know how this affect things, maybe a mod could look at this ??

 

But, if you still have a copy of the letter then I am sure it would come in useful for the court bundle, if only to point out to the judge that the Shabby themselves consider it a penalty. I would appreciate a copy if that is possible, obviously with your details removed.

 

Regards

 

Rascal

[ehealey]

Hi Rascal, You are very welcom to a copy. I am based in Christchurch New Zealand and so I could fax it to you or post which can be slow? Cheers, Em:)

[rascal3103]

Hi All,

 

Well I recieved a let from DLA Piper today, they have copied the page from here that is advising no new ERC claims, stating the costs are already high, and will increasu substantially if i continue to court.

 

Under my mortgage agreement I could be liable for all costs, even though I am on the small claims track and my mortgage finished 6 years ago.

 

They have offered me the chance to walk away with nothing if I send my notice of discontinuence to the court now.

 

As much as it pains me to do so I think this is the action I will take, I am not confident enough in myself to argue a winning case at court, and by looking at the others cases before me, I do not think I will win anyway.

 

Thanks to all you who helped along the way, especially Zoot, Les Gun and Tamadus. All those who have taken the choice to continue, good luck and I hope you win.

 

Regards

 

Stef (Rascal3103)

[tamadus]

Got the identical letter myself this week Rascal.

 

Trouble is any costs are limited on small claims track so I am ready to argue the case with them next month.

 

If however they would like to send me a cheque to save them the embarrasment of losing in court then I might accept it.

[rascal3103]

I understand they can only charge us travel expenses, but as I understand it the mortgage terms highlights a section that if they have to defend a claim agains a client then they can ask for costs, even if it is in the small claims court.

 

If the judge thinks you are taking the case to court without a real legal argument then he can still order you pay costs, and the letter states they will seek a cost order.

 

I am not clued up enough to know what I am and am not liable for.

[zootscoot]

Hi Rascal,

 

 

as I understand it the mortgage terms highlights a section that if they have to defend a claim agains a client then they can ask for costs, even if it is in the small claims court.

 

Do you have the wording of that contractual clause? Not all clauses cover their legal costs if you sue them and I doubt very much if such a clause would stand up in the small claims court.

 

Although the safest thing would be to withdraw.

 

If the judge thinks you are taking the case to court without a real legal argument then he can still order you pay costs, and the letter states they will seek a cost order.

 

You do have a legal argument so the judge can not order a cost order for acting unreasonably in the small claims court. However, if you are not confident in arguing your case the best thing would be to drop it and the would relieve the hassle and stress associated with bringing a claim.

 

I'm also interested to know what exactly it was from this site they sent out?

 

All the best whatever you decide to do.

 

Zoot

[sladefighter]

Hi

 

Very new to the forum today, after what I have seen I take it you can claim gainst your previous mortgage company for the early redemption charge, can anyone tewll me where to get the advise of what to do and where to get template letters from? Thankyou

[zootscoot]

Hi Slade,

 

Very new to the forum today, after what I have seen I take it you can claim gainst your previous mortgage company for the early redemption charge, can anyone tewll me where to get the advise of what to do and where to get template letters from? Thankyou

 

 

Its probably best not to see:

 

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