moliver v's Abbey National Mortgage Finance

[moliver]

Had a mortgae with ANMFL back in 1997 which came with cashback of about £7k for which i had to pay 0.75% above their standard variable rate on the whole mortgage for five years or repay the cashback. As I had no intention (hope) of paying back the mortgage in that timescale, there was no issue

 

I moved house after a couple of years and simply moved the mortgage to the new property - still no problem

 

At the end of 2000 I was offered a job in Jersey where it wasn't really possible to own a house. Couldn't rent it out for anywhere near the amount of the mortgage and so had to sell and repay the mortgage :?

 

Despite various appeals to Abbey, pointing out that if I didn't sell the house I would default on the mortgage the still stung me for £7,438 Early Repayment Charge

 

There followed various letters all in the same vein including some extraordinary and banal explanations of how they had lost money, which as I pointed out at the time would mean that they would have lost £38,000 had I redeemed the mortgage after one day - banks are really that silly?????????

 

Eventually they issued a deadlock letter and pointed me in the direction of the Office Of The Banking Ombudsman - at that point I gave up!

 

The I found this site and have now started again.

 

First letter sent 4th July 2006

 

P*** o** letter from Abbbey sent 12th July 2006

 

LBA sent 21st July 2006

 

letter from Abbey 26th July - if you want to take us to court - here is the address for service!

 

MCOL

Claim No 6QZ68236

£7,438 plus £3,400 in interest

Issued 29/09/06

 

Ready for a tough battle!

[zootscoot]

Hi Moliver,

 

Best of luck with this one. Abbey aren't the most accomodating of companies to deal with. Their latest trick is to threaten to multi -track and tell you their costs are already the same as your claim. Have you pmed a mod the claim no and details?

 

All the best

 

Zoot

[moliver]

Hi Zoot

 

Thanks for your words of support - if their costs are higher than my claim then I wouldn't want to be a shareholder in Abbey. If the ERC is the same value on day one of the mortgage as it is at the end of five years I just can't see how they can argue a 'genuine pre-estimate'.

 

Haven't pmed a mod - how do i do that?

 

 

Regards

 

 

Mark

[zootscoot]

Hi Mark,

 

I'll inform the mods. You might like to follow this thread as they are at about the same stage as you.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/28447-stef-abbey-mortgages.html

 

and this one which is a little more ahead

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/9207-reclaiming-abbey-mortgage-early.html

 

All the best

 

Zoot

[moliver]

Thanks Zoot!

 

Looks like I'm in for a few flights to the UK over the next few months.

 

 

Mark

[moliver]

As expected the stalling has started!

 

They had until tomorrow to acknowledge (18th October)

 

Received in the post today a letter from DLA Piper with a request under Part 18 for further information - basically acoount numebr and address.

 

Does this mean that I cannot apply for judgement for a further 14 days?

[zootscoot]

Have they actually lodged an acknowledgement or defence with the court?

[moliver]

Hi Zoot

 

I've just looked on MCOL and there appears to be no evidence of either an acknowledgement or a defence filed.

 

 

Regards

 

 

Mark

[zootscoot]

What was the deemed served date?

[moliver]

4th October - so see no reason why I shouldn't file for judgement.

[zootscoot]

Give it a try and see if it will let you. Although generally it will give a few days grace.

[moliver]

Surprise, surprise - it won't let me - will try again tomorrow!

 

Night,night!!!

[moliver]

Applied for judgement this morning

[zootscoot]

Fingers crossed!

[moliver]

Zoot

 

I've got more than my fingers crossed - life is never that easy!

 

M

[moliver]

Well that's over a week since judgement was issued and I've not heard a word from Abbey, their solicitors or the Court - anyone got any advice on how to proceed particularly as the claim is £11k?

[zootscoot]

Have you not recieved anything from the court to say the judgment has been granted. What does it say on MCOL?

[moliver]

Hi Zoot

 

MCOL say judgement issued 19/10/06

 

 

M

[paddym]

Nice One Moliver When Can You Send The Baliffs In ?

[moliver]

That's what I'm trying to find out - I'm sure we will get a set aside request.

[zootscoot]

You can't send in the bailiffs until the judgment has actually been granted. I'm not sure how long it takes from issue for them to enter judgment. In my claim against Littlewoods it was only a matter of days.

 

It might be worth phoning the customer services at MCOL and find out what has happened. It may well be that Abbey are disputing the judgment and asking for more time. Don't contact Abbey at this point as it may well alert them to the fact that they need to get the judgment set aside.

 

All the best

 

Zoot

[zootscoot]

Also worthy of note is that Abbey is currently under going a change in legal team... you might just be lucky and yours might slip through the net!

[moliver]

Zoot

 

Thanks for your Sage advice. Can't quite believe I will be lucky enough to sneak under the radar - but maybe, just maybe, this could be a turning point in my luck. I will ring MCOL on Monday;)

[moliver]

Phoned MCOL Customer Services earlier - Abbey have had judgement set aside and the case transferred to Brentford - pretty much as expected Apparently I now have to wait to hear from Brentforxd - oh well its closer to Gatwick than Northampton!

[rascal3103]

usual trick by Abbey I am afraid.