Mortgage, CreditAgricole ,BirminghamMidshires, Halifa x, HBOS, CurtisSolicitors

[andrew1]

Andrew, excellent, as ever. I have already made a Part 18 application which the o/s have agreed to comply with at a later date. Maybe now is that time. I'll contact my brief and request a copy of this, along with the other information I am missing. I have stepped up the progress of this over the weekend and I'm now pushing for answers with my Solicitor. As you know, the Judge has told me I cannot proceed without representation.

 

BTW the system won't allow me to Rep you unless I spread it around elsewhere first!!

 

Many thanks

 

Tide

 

It's my pleasure Tide - all mine - you'll be glad you asked for it once you take a read..

 

Gezz 02.12..sac time! Night!

 

Sarah.

[andrew1]

Tide, just one further thing. In my Lending Policy Document which is not for any of the banks mentioned in your thread header, under the heading " Mortgage Indemnity Guarantee Policies" (MIG) it states the following and it's not so much what it says as the way it's said...and it's implications in the event they had to claim on it..anyway, take a read of this and bear in mind this is like an employees policy hand book to use doing their job:

 

" A Mortgage Indemnity Guarantee policy is a form of additional security which some lenders purchase by charging a fee which is similar to a higher lending charge. xxx Bank does not reveal whether it purchases MIG security with its Higher Lending Charge. We may simply collect the fee as a risk- related fee or we may purchase MIG. Customers need only be advised that it is a risk-related fee in that a loan which carries a higher degree of risk will cost more"

 

 

So, there may or may not be an insurance to cover a risk...then what happened to it? or is the fee just a comfort fee for the hell of charging more? whatever it is it either pays out upon default - so in your part18 request I'd ask if there is one..and on the other hand why would a customer never be told their money was just a figure plucked out of the air for the fun of it?

 

These things are built in behind the scenes which tens of thousands never get to know about and no doubt the banks claim these insurances and never offset it against what the punter has to pay them back... Just a thought..

 

 

Sarah.

[TideTurner]

So effectively they have been claiming millions whilst informing their staff not to inform customers what they were paying for. Disgraceful. Off to study my Part 18 app, and will contact Solicitor tomorrow.

 

Sarah, you're a Diamond.

[andrew1]

This explains my earlier post Tide on the Mortgage Indemnity Insurance Mortgage indemnity: a borrower's guide

 

It's not that I don't trust the banks ...it's just I don't trust them

[steven4064]

It's not that I don't trust the banks ...it's just I don't trust them

What possible reason could you have for not trusting a bank?

[andrew1]

This might help too: worth keeping an eye on http://www.consumeractiongroup.co.uk/forum/legal-issues/149372-interesting-new-case-when.html#post1580518

[jody123]

Hi Tide,

 

Just wondered what you were up to??

 

My mates case is in the lap of the courts at the mo - the judge has ordered the claimant, within 7 days, to file full details of their attempts to settle the claim and "in default the claim be struck out"....as they don't appear capable of answering our letters we are hoping that they don't answer the court either and the claim is stuck out - if this happens are they able to refile?

 

We have also just heard that a similar case has been allowed to go to trial based on the banks none compliance with the CML code of conduct - according to the judge the defendent has an arguable case for estoppel as they did not "begin recovery action" within 6 years - the claimant's solicitors tried to argue that they had used tracing agents to try and locate the defendent, but the judge said that that did not in itself constitute recovery action!

 

Here's hoping that all cases where the bank has not obtained a monetary judgement order and the defendent has not admitted liability within the six years that they are all thrown out!!!

 

Jody

[jody123]

tide,

 

I'm reading all my case law notes in preparing my mates skeleton argument and I came across a point that may be of interest to you - apologies if you are already aware of it, as I may have copied and pasted from your thread in the first place, but I didn't fancy reading all 15 pages of your post to see...

 

Failure of a Default Notice or a Termination Notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)

 

Jody

[TideTurner]

Hi Jody,

 

Apologies for not getting back sooner. I investigated this prior to the initial hearings, and believe it played a big part in the other side writing off any claim for a shortfall. They did, however, claim that they were writing it off to off-set against any claim for charges made against the account.

 

As the OS are still stalling, and their claim for costs is grossly over inflated, I have suggested to my legal eagles that:-

 

1. Interest should be claimed at the statutory rate of 8% compounded on the entire claim (this wipes out any claim for costs)

2. Their costs claim is scrutinised (detailed assessment)

3. Any claim for costs not substantiated may be fraudulent (at the very least a complaint to the Law Society).

4. A seperate claim for undersale is brought, plus interest.

 

Their arguments are fickle, but I'm prepared for the long haul. I'm not getting complacent, but I feel there is a certain amount of stubborn stupidity, which is costing them money daily.

 

If they're hanging in there for a fist fight, they'll end up with a bloody nose (Trolls take note).

 

Chattels, Undersale, Charges, Interest, Stress, Self Respect. Do these people seriously think I would ever lay down?

 

Do you have an interest calculator?

 

Tide

[MilkTrayMan]

1. Interest should be claimed at the statutory rate of 8% compounded on the entire claim (this wipes out any claim for costs)...

County Court Act 1984 s69 8% p.a. Interest is calculated as Simple Interest NOT Compounded Interest.

ANY deviation from this will require U to give a full explanation to the Court.

 

 

 

 

 

Do you have an interest calculator?

Try inputting your data into the following User friendly spreadsheet (...originally devised by Mindzai) TT...

 

Mindzai's Contractual Interest Spreadsheet

 

...It can calculate BOTH types of Interest as the same time btw...

 

 

...

[jody123]

mtm

 

Can you explain why - statte of limitations say they cannot have interest on a deed after 6 years - yet the County court Act says they can....

 

Why is this so and which is right??

 

Jody

[MilkTrayMan]

mtm

 

Can you explain why - statte of limitations say they cannot have interest on a deed after 6 years - yet the County court Act says they can....

 

Why is this so and which is right??

s69( 8 ) of the aforementioned CCA specifically states...

 

(8) In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.

 

Therefore, the Limitation Act 1980 terms would carry precedence.

 

 

...

[jody123]

mtm are you saying that where a claim includes interest under s69 on a mortgage shortfall that they are not entitled to that interest if more than 6 years have elapsed?

 

Jody

[MilkTrayMan]

If a Mortgage Lender is 'THEY' jody123, a defendant would be entitled to Claim that s20 of the Limitations Act 1980 would apply.

...

[jody123]

hi mtm - you're right - they would be the mortgage lender....but I had asked on this point before and someone told me that interest would have a separate cause of action, so they could actually claim for the past 6 years.... and even after reading the s20 link you gave three times I still cannot get my head around it!!!

 

jody

[TideTurner]

MTM,

 

Thanks for the input.

 

Regarding Chattels, S3(1) and S3(2) of the Limitations Act deals with conversion and caps the recovery period as 6 years. This case was brought before Court within 6 years, however, it remains unsettled. If (by procedure) it continued for 20 years, the OS would be liable for the interest (calculated daily from the date of damage).

 

S69(1) refers to simple interest, but this does not apply to a loan which attracted compound interest.

 

In contract, both parties must have an equal benefit.

 

Will research more tomorrow, and post what Counsel advises.

 

Tide

[steven4064]

In contract, both parties must have an equal benefit.

Not necessarily true - see http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html

 

Dad claimed compound interest on charges on this basis and lost on appeal

[TideTurner]

Hmmmm, it will be interesting to see what Counsel recommends

[jody123]

Hey Tide,

 

Hope you got the case law that I sent you...if it transpires that your counsel think any of it is relevant would you mind posting the reference on your thread as I quite literally sent you what I had copied and pasted over the last year!

 

If you need a good law costs draftsman I can recommend a family member - who only ever works for the defendant, and for a percentage of the costs reduced (which is not a bad deal in my opinion), but obviously I am not touting for business on his behalf!

 

Let us know how you get on with counsel...again I can recommend a good solicitor in Bristol if you find that yours is a little too clicky!

 

Jody

[Bona]

Tide

When it comes to costs I can help we have fought for 2 years and have won back 25% of the costs they charged us but you cannot go down that road till the end Just make sure your team ask for the costs to be assessed if not agreed

Were in court in two weeks re our claim that the estate agents under sold our house dodgy im afraid

Bona

[andrew1]

Hey, I'm always wishing Tide good luck, but 2 weeks time Bona, and you have done so much for so many, Tide won't mind me using his thread to say good luck to you too...hammer the beggars!

[TideTurner]

Many thanks Jo, the OS provided a decleration that the property was not sold to an associated company or person, although this was untrue. ROGER MICHAEL & ORS v DOUGLAS HENRY MILLER & ANOR (2004) is particularly interesting.

 

Costs assessment is also interesting, they had 4 (inc Counsel) in Court and tried to claim for these. Now they know they will be scrutinised, they have withdrawn these. May use your friend if I'm not happy with progress by end of this week.

 

Bona, very best of luck, go for the jugular, and don't allow any intimidation. Take your time over any last minute deals they may put forward.

 

Andrew1, always a pleasure.

 

Go get 'em guys, I'll be stepping up the pressure from this end.

 

Tide

[Bona]

Thanks for you well wishes unfortunatley the otherside are such Bxxxxxds that we have had to go to our solictor who know needs the case put back as they havnt done proper disclousure so our expert cant do a proper report anyway lets hope this works There seems to be an understanding that an estate agent is due his commission if he sells your house regardless of the mess he makes this group is part of the Skipton Building socierty I wonder where I have heard that before

 

Im watching closely tide get them

[TideTurner]

Hi All,

 

Just off the phone to my Solicitor, we will be disputing any costs claimed in full and pursuing the remainder of the claim asap.

 

Where the other side have attempted to claim ridiculous costs, does anybody know the best way to highlight or complain to a regulatory body and have their bill scrutinised? Bill assessed by cost draftsman appointed by Sols.

 

It is clear their bill is ludicrous, and I can prove it is clearly deceptive if not fraudulent.

 

Would the Law Society investigate if I complained?

 

Any help appreciated, PM if necessary.

 

Many thanks

 

Tide

[andrew1]

Why don't you have a word with one of these Tide http://www.sra.org.uk/documents/solicitors/cpd/find-cpd-providers/costs.pdf one of them will tell you how to deal with it...just don't pick the one you are fighting against - actually, maybe you should and use it in evidence against them !