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Acendan/spml ....again...... fao Ell-en


dave121
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OK, I've worked out all the payments from the info you sent me (I take it that info is from the account statements you got from Acenden?)

 

I can post on here as an attachment for you to check - is that OK?

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Hi, payment calculations affixed. This will show the judge how the arrears have been reducing since the hearing at the end of 2005. Let me know if there's anything you don't understand - I will finish the witness statement to go with it in a few minutes.

Dave 121 calculations.doc

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OK, affixed is the witness statement - are you OK with deleting the XXX's in the boxes at the top and putting in the information ?

 

You need to print 3 copies of the witness statement and the calculations - staple securely together.

 

one set needs to go to the solicitors with a covering letter (I can draft one for you if you need me to)

 

one set to the court (also with a covering letter) - you will also need to enclose a photocopy the statements from Acenden showing the payment information - so the judge can see where you got the information from.

 

The other set if for you to refer to in the next hearing.

Dave121 21st March statement-1.doc

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Yes ok with the xxx,s a covering letter would be great or should i just put the obvious? could i ask for legal fees not be awarded to the claimant as i think it will be a pretty penny now with 2 adjournments....

thank you for your time Ell the witness statement looks spot on...

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Hi there, covering letters affixed (2 pages). We can do another statement when you get a date for the next hearing and can ask then about legal fees not being awarded.

You need to send the docs to the solicitors by guaranteed next day delivery so it gets there Friday - we don't want them complaining to the court that you didn't comply with the order. Don't forget to keep the postal receipt safe so you can check on the royalmail website to print off the signature confirmation which you should staple to your copy of the witness statement etc.

Dave 121 letters.doc

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You're welcome - happy to be of help. Lets hope you can get this sorted once and for all.

 

Just remembered - didn't you have a claim with the FOS about the charges ? what happened with that ?

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Oh yes indeed !

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Wonder how they'll respond to the fact that the arrears have been paid off and proved by their own account statement !

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I thought they might have withdrawn when they got your witness statement - they're even more stupid than we thought !

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  • 2 weeks later...

Ok they have responded to my statement and figure's,

 

Basically they are saying the breakdown is not a full breakdown, when in the months thing were paid etc..........We have just simplified it from there statements....

They are saying from dec 2010 they are no longer adding the charges to the mortgage arears ........We know that! what about all the years before.....

they said i have contacted them offering £50 on top of the CMI.and they are willing to accept this AS LONG AS PAYMENTS ARE MADE ON TIME........I have made no contact with them since this all kicked of last jan!

 

They are just trying to fool the judge by trying to make it all hazy and make him/her think its half my fault half theres...as said i have made no contact with them, so that is their imagination!!

 

What i need is the judge to realize how much wasted time this as all been , and the fact they are misleading the courts with there claims, to get there costs removed and to cancel the repo order !! not to mention 3 unpaid days from work and the unreserved help from ell....

Im back in on the 17th next tuesday and hope to get this matter put to bed...

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OK, we can work on a statement for you to take to the court - I'll try and have a go at it tomorrow but might not have much time - are you able to hand a statement into court on Monday ?

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That's OK - when you take it in on Monday the court staff will put it in the file for the judge to read before the hearing. Will try and work on it later/tomorrow - do you have a printer at home?

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Hi Dave, so I can start to work on a statement for the hearing can you sanswer the following:

 

How many days off work have you had to attend the hearings ? and how much has each day cost you?

How much are your travelling costs to court ?

Do you have any correspondence from the FOS regarding your complaint about charges ?

Have you made a payment since the last hearing ?

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Hi Ell sorry been busy at work, 3 days @ £95 a day £15 each time travelling no response as yet from the FOS i have made 1 payment since the last hearing £365. 62 and is up to date..i have a printer

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Hi Dave, been waiting for your response to the questions and had hoped to get your statment done over the weekend. I will try and find time tonight to put something together but I have to go out for a while.

Catch up with you later.....

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