Taking on Acenden for Late Payment Charges.- who pays court fees?

[zoltron]

I'm currently beginning the process of claiming back Late Payment penalties from Acenden. However my main problem is myself being responsible for their costs whether I win or lose at court.

 

Is there anyway round this or am I going to have to fight this as part of my claim as an unfair term included in the mortgage contract?

 

My other approach was to involve the FOS in claiming these monies back after I have given Acenden chance to respond to my pre-litigation claim, I know for fact Acenden won't settle so I can certainly then involve the FOS. I understand this route takes longer to progress and most certainly I won't get the whole amount back, but at least I will be afforded protection from their legal fees and further threats of a repossession, at which point I could pursue some follow up litigation to recover the rest.

 

I have got a full SAR which landed on my doorstep yesterday, and a spreadsheet to the value of £5200 in charges with the prospect of an 8% gain if I follow the court route.

 

Just pondering which route to follow. If I can defeat their claim for costs should I win, I would much prefer the court route to show them eventually who is right or wrong in this matter, and I honestly have the belief if I beat them they will leave me and my family alone.

[Blossomandebony]

Best way to avoid costs issue is to keep your claim under £5000, thereby keeping it to the smalls claims court where sides generally pay their own costs.

 

As your claim is over £5200 even without interest, I would claim for a period of time that meets the under £5000 criteria, eg 2005 - 2009: charges £4000, interest £900, total claim £4900. You can claim for the other years later.

 

BAE

[zoltron]

I wasn't specifically sure you could avoid the costs by using the small claims track as it is written in the mortgage contract the customer pays the costs.

 

If pushing it down the small claims track will do the trick then problem solved but my main worry is limiting the claim just to get it under the limits set for the small claims track. Rather than limiting it to claiming for blocks of years would it not be best looking at the charges and looking at what charges i am likely to encounter grief on then just omitting those.

 

Im not sure how the judge would react to claiming for 2006-2009 first and then claiming for 2010-2012 later. Don't you think going for the litigation management fees of £115 quid a time would be more justifiable just on the grounds that how possibly could they pull that figure out of the air and be able to justify it.

[Blossomandebony]

Hi Zoltron,

 

Personally I don't think they will let it go to court. I have sued my mortgage company 3 times - each time they claimed they would defend and that their charges were lawful - and each time they paid up before the hearing.

 

As for them saying that they can claim costs because of a clause in your contract, I would counter with the argument that this clause is unfair under the UTCCR. They will claim all manner of legal loopholes in their defence because they think you will back down - then they capitulate and offer the refund as a goodwill gesture.

 

I don't think a judge has any cause to complain at you claiming more than once - for one thing, they will not know unless you or the other side tells them - and you can always argue that your second claim involved charges only discovered at a later date.

 

Regarding which charges to claim, yes you may want to claim for those you feel are totally unrealistic. I claimed for arrears charges of £50 per month and they refunded swiftly once it went to court.

 

Good luck

 

BAE

[zoltron]

Well after tinkering with things I have managed to get the value of the whole claim at just under £4800 which includes 8% interest and £120 court fee. Basically I have removed such things as the fee charged for paying by an alternative method, which is £5.00 per transaction, there is quite a few of them valued at around £200 or so but I'm going to base my argument on the excessive cost of the larger fees as outlined in the FSA actions involving 4 of the sub prime lenders GMAC, Redstone, Deutsche Bank, etc.

 

Also I have removed 2 of the enforcement fees valued at £75.00 as we had to have evictions stopped by the court on two occasions, I have reluctantly also removed 3 of the referral to solicitors fees which is £70.00 a time as after all they do have a right to represent themselves legally just as I do.

 

In a nutshell I am claiming the litigation management fees, late stage management fees, arrears fee, and failed direct debit and cheque fees. Which I think should be easier to argue should they not back down and does in fact go to court. I'm sitting on the fence over whether to charge for a cancellations of building insurance which is £50.00.

 

I am going to send them 2 letters a claim letter and letter before action giving 14 days each before issue of claim, however I know Acenden are going to ask for more time roughly about 8 weeks. Shall I stick to my timescales, as obviously they do not waste any time getting their matters to court or listening to my plea's for mercy when our son was ill following heart surgery and had to fight off a repossession.

[Blossomandebony]

I think 2 letters are recommended as courtesy but if this ever gets to a hearing - which is very doubtful - the other side are hardly going to hold you to issue over a lack of notice over you suing them. They are a large company with dedicated legal depts and you are a litigant in person so I don't see you sending sevaral letters politely stating your case will bear any fruit or be relevant once you put a claim in.

 

Therefore my advice would be to send a LBA now, then instigate proceedings 14 days from this day.

 

Whatever you decide, GOOD LUCK!

 

BAE

[cruzhughes]

How did you get off with this I'm at the stage of taking Acenden to court