Stef v's Abbey Mortgages

[rascal3103]

I am expecting it Zoot, but from what I have read in other posts, the defence and counter claims are weak, and just playing for time. I hope I am not wrong.

Has anybody else chasing Abbey had to wait till the last day ? and then had a counterclaim ?

[tamadus]

rascal, I am trying to find an address to serve my ERC on Abbey at for MCOL. What address did you use

[tamadus]

Cancel that post I found the Triton Square, Regent's Place head office address hiding in some small print

[rascal3103]

I actually posted mine to:

 

Abbey National

Mortgage Operations

PO Box No 287

Stockton on Tees

Cleveland

TS17 6QQ

 

This is where I have had all my replies from in the past, I even made it c/o the nice lady who wrote me the sarcastic letter, explaining their ludicras system for applying the penalty, which is not a penalty at all, more of a "do as we tell you or reap the wirlwind charges" kinda thing

[tamadus]

Thats the address I have been writing to Rascal but I can't serve MCOL on a box office number so I am going for their registered address in London Now all I need to decide is any changes are needed to the standard particulars of claim quotations

[Les Gunn]

Hi Tamadus,

 

Regarding serving your claim on a P.O.Box number, I did with Capital One and it was accepted no probs.

 

I served the MCOL for Abbey to the Triton House address and then rang the Abbey Legal Dept to ask if they'd got it! You can find the number on my post here

 

[tamadus]

Hi Tamadus,

 

Regarding serving your claim on a P.O.Box number, I did with Capital One and it was accepted no probs.

 

I served the MCOL for Abbey to the Triton House address and then rang the Abbey Legal Dept to ask if they'd got it! You can find the number on my post here

 

 

I understood MCOL didn't issue to box number addresses although I may be wrong. Personally I like to know exactly where the documents have gone so avoid them anyway. My Abbey claim has gone to Triton House and is deemed served on the 24th

[Les Gunn]

Yeah that's understandable. Good luck with your claim

 

[rascal3103]

Hi,

 

I did mine via MCOL, and served it to the box number.

They had until the 21st (which was a saturday) to acknowledge, I phone MCOL on friday to see if i could go for judgement over the weekend, but they said I had to give them until 4pm monday as the final day was a saturday. That really bugs me, you would think that the Abbey is a big enough institution to work out for themselves that they would need to get it in by the friday. The courts already give them an extra 5 days to serve it on top of the 14

[tamadus]

Hi,

 

I did mine via MCOL, and served it to the box number.

They had until the 21st (which was a saturday) to acknowledge, I phone MCOL on friday to see if i could go for judgement over the weekend, but they said I had to give them until 4pm monday as the final day was a saturday. That really bugs me, you would think that the Abbey is a big enough institution to work out for themselves that they would need to get it in by the friday. The courts already give them an extra 5 days to serve it on top of the 14

 

it annoys me too rascal especially when you consider that if we make a payment thats due on saturday it has to be cleared by friday.

[rascal3103]

exactly tamadus - one rule for one, and one for another.

Well fingers crossed i can press that judgement button tomorrow, I know that wont be the end of it, but it will make me feel better for a little bit.

[rascal3103]

ok, requested judgement, lets just wait and see what happens next..!

[tamadus]

Good luck with it rascal

[bevo]

What happened with your claim for refund of early redemption charge? Only I would like to pursue a similar claim.

Regards

[tamadus]

What happened with your claim for refund of early redemption charge? Only I would like to pursue a similar claim.

Regards

 

If you mean mine bevo I have issued on MCOL for it and waiting now for them to acknowledge and defend it. I fully expect them to dig their heels in and go all the way with it so I will get my chance to take on their lawyer in court

 

I am updating my thread for the claim as the situation changes. Tamadus v Abbey

[bevo]

Thanks for answering my query - good luck.

[rascal3103]

ok, well I am gutted, but fully expected it in a way. Came home this dinner to find a defence from Abbey via an independant solicitor. I will post the bits i think are important later. I applied for a judgement this morning, but their letter states they handed it to Northampton County Court Yesterday. That ****ed me off because they abused the date of the 21st like i thought they would.

 

In a nutshell they are saying that the "Unfair Contract Terms Act" and the "Consumer Contract Regulations Act" do not relate to the ERC (or the PRC as they call it).

 

Also, it was my choice to take a mortgage that clearly had a PRC, I could have chosen a standard variable rate.

 

I am a little nervous at this prospect as I dont understand it all enough to go to court, but as yet I have not even had an offer of any kind like some have. Would anybody consider being my court buddy, I live in Nottingham.

 

Thanks alot, and any opinion on this would be gratefully received.

 

Rascal

 

A

[tamadus]

ok, well I am gutted, but fully expected it in a way. Came home this dinner to find a defence from Abbey via an independant solicitor. I will post the bits i think are important later. I applied for a judgement this morning, but their letter states they handed it to Northampton County Court Yesterday. That ****ed me off because they abused the date of the 21st like i thought they would.

 

In a nutshell they are saying that the "Unfair Contract Terms Act" and the "Consumer Contract Regulations Act" do not relate to the ERC (or the PRC as they call it).

 

Also, it was my choice to take a mortgage that clearly had a PRC, I could have chosen a standard variable rate.

 

I am a little nervous at this prospect as I dont understand it all enough to go to court, but as yet I have not even had an offer of any kind like some have. Would anybody consider being my court buddy, I live in Nottingham.

 

Thanks alot, and any opinion on this would be gratefully received.

 

 

Rascal

 

A

 

First thing rascal is DON'T PANIC

This is exactly the tactics I am expecting and your about 3 weeks in front of me so we can prepare for court together.

 

From what you have posted above their defence is nothing new, and has been tried by every defence to a bank claim. Filing their defence so late is just another of their tactics to try and put you/us on the wrong foot and it aint gonna work.

 

All we have to do is prepare our court package and counter their claims as they arise. We both know they are never going to appear at any stage past allocation for 2 reasons. First they WILL LOSE and second when they LOSE, it will set a precedent for the rest of the industry and I doubt they want to be the ones who unlocked the flood gates.

 

PM me later today and we can start getting our court paperwork ready together.

[bevo]

Good luck I am sure you will be successful. I have found my redemption statement which shows interest and the Product Related Charge. Do I add these together or can I only claim the PRC. Is there a standard letter? If so can you point me in the right direction.

Regards

B

[paulpb123]

Hi Rascal,

Tamadus is spot on here. First thing is DON'T PANIC. They are trying to intimidate you and draw this whole thing out as long as possible for obvious financial reasons. Not one mortgage company to my knowledge has provided a breakdown of their costs due to early redemption and I don't think they will want to appear in court to demonstrate such 'costs'. Even if they do (which would be foolish) they can't win because the law is on our side. An ERC represents a breach of contract and they are not allowed to charge more for this than their actual losses. One of my favourite phrases in times of stress is 'don't fall off the surfboard'. All the best,

Paul

[rascal3103]

Thanks Guys, Its good to know I have all this support and once I have been through it I will be happy to help anybody else in my position.

 

Tamadus - thanks for helping me prepare. I am off to london tonight for work so probably wont post again till thursday. Do you want me to post the defence ob here ? There are about 6 pages of waffle though matey. Were in the country are you based ??

[rascal3103]

bevo, I basically reclaimed the PRC (ERC). I then added the 8% on at the MCOL stage. My final statement was very clear, they just clearly put on one single figure.

 

One thing i did find funny in the defence was this "No admissions are made as to the amounts claimed by the claimant and the claimant is put to strict proof of the same"

 

surely that means they want me to prove the amount I am claiming ?? they sent me the bloody paperwork with this figure clearly marked on it......plonkers.

[tamadus]

Thanks Guys, Its good to know I have all this support and once I have been through it I will be happy to help anybody else in my position.

 

Tamadus - thanks for helping me prepare. I am off to london tonight for work so probably wont post again till thursday. Do you want me to post the defence ob here ? There are about 6 pages of waffle though matey. Were in the country are you based ??

 

Rascal I am about to PM you soi dont vanish lol

[rascal3103]

Also, could somebody help me with the AQ. I am unsure what to write in the information section.

[rascal3103]

ok tamadus