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    • Ok well thanks for the help it is appreciate. It’s Car Cash Point. Will press on with the FOS hopefully can salvage something from the situation. 
    • Hi   Sorry did not notice that. Yes I contacted them.immediately after getting their first letter (sent to wrong address) and they advised to send in proof which I did ( and have done  several times). They advised they do not have payment registered and did say the site may not have paid it to them. Is there anything I can do if I have used an unofficial site? 
    • Thanks.  The car was on lease and the leasing co have already grassed me up, so to speak!   I guess it is probably best to wait and see what POPLA have to say and then decide on strategy,  
    • Hang on with the letter till the experts come on, as bits that identify you as the driver definitely need to be changed and writing at all to Parking Lie might not be a good idea at this stage. PE will have sent their letters (IF they sent them) to the address your vehicle is registered with at the DVLA.  With you moving, that could explain the missing correspondence.  Watch out with the DVLA, if you don't update your details and they find out, it's a grand's fine! Yes, get on to the Holiday Inn area manager, and if they are useless, the CEO.  I reckon they will call their dogs off.   Edit - just reading PE's reply to you.  They are an utter disgrace (not a surprise I know).  They reckon you have broken some imaginary contract with them but refuse to give the details and say you have to contact a powerless third party.  Doubt a judge would be very impressed.
    • The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.   Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.   However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..   Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9   Non-attendance of parties at a final hearing 27.9 (1) If a party who does not attend a final hearing– (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend; (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above, the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim. (2) If a claimant does not – (a) attend the hearing; and (b) give the notice referred to in paragraph (1), the court may strike out(GL) the claim. So and if you do receive their statement it must include notice as per above.(CPR 27.9(1) Andy
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cherylmarie

Mortgage Exit Fees - National Home Loans / Paragon

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Hello all, wondered if i could get some advice please?

 

My parents took out an endowment mortgage with National Home Loans (now Paragon) back in 1985, they changed mortgage company some years later. They dont have any documents any more but i said to mum it might be worth seeing if there is any claim she could make on mortgage exit fees. They struggling financially at the time and she cant remember what fees etc they paid.

 

I wrote on her behalf, no account number or anything just gave her name, address and year of mortgage and asked for exit fees refund. I thought it was a bit of a long shot but to my surprise got a letter today with a cheque for £40, which is fab!

 

The reason im asking for advice is that they have written this covering letter:

 

Thank you for your recent letter, regarding your request for a refund of fees incurred during the redemption of your loan has been reviewed in light of the recent statement made by the FSA.

 

The statement made by the FSA however relates only to loans regulated by the FSA. Unfortunately your loan does not fall under the jurisdiction of the FSA and therefore there is no obligation to refund the amount requested.

 

We regularly review the fee tariffs and the level of fees reflects the administrative and operational costs involved in servicing mortgage accounts. However as a gesture of goodwill we will refund the amount of £40 which equates to the amount charged at redemption of your loan.

 

I'm just wondering why they would pay out a goodwill gesture if they didn't have to? Are they just being genuinely nice and she should think herself very lucky and take the cheque? Is it worth SAR-ing them to see if theres anything dodgy on the account? I dont know what exactly, just being a bit suspicious i guess :-)

 

Thank you

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We took a mortgage out with NHL/Paragon in 1986

Remortgaged with a different lender in 2005

A couple of years ago I applied for repayment of the exit fees and received a cheque for around£150

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