Un-Fair GE MONEY Mortgage Charges Advice Please

[Transit Man]

Hi

The small claims track I know ihave to send one back to the court I also have to send one to the defendant, Do i send it direct to the defendants address Or do i send it to there solicitors who have sent me the defendants defence.

Thanks

TM

[martin2006]

To the solicitors TM, add a note, please find by way of service etc

[Transit Man]

Hi putting together bits for mediation could anyone give me any pointers on how the process goes and what notes I need to have etc.

Thanks

TM

[martin2006]

Pointers for mediation.

 

Mediation is not a means of arguing your points, its simply an alternative to settling the case.

 

Have your figures to hand and an amount in your mind which you would be happy to settle at. They may offer this, they may be nowhere near, no one will know until you have that call.

Know the reason you are bringing the claim, that you believe the charges levied are unlawful at common law. If you are claiming compound interest, have a read through Sempra Metals to understand it and why you should be awarded CI.

Any charges over 6 yrs old are claimed by virtue of Limitations Act which allows for this if you only discovered the "error" recently, which if course you did.

 

You wont need to go into every detail and convince the mediator of anything, that isn't their role.

 

It isnt a 3 way call, the mediator will speak to you first, then to the defendants solicitor, then call you back with any offer etc or further questions.

 

If you both agree an amount, mediation will be successful and that will be it over with bar the paperwork and payment. More likely tho is non agreement from the defendant and mediation fails and then allocation to trial.

 

Dont panic at this, once they have begun to make offers to settle, after mediation, the offers will improve the closer the trial date becomes.

 

Your doing great so far, if mediation fails, set about writing your Witness Statement and putting your bundle together, do this electronically at this stage, store everything in one folder in your PC, no need to print until its time to serve on the courts and defendant.

[Transit Man]

Thanks martin2006

For your reply I am looking forward to the mediation process and working to get a satisfying result how long do the calls last they say one hour time slots.

Thanks

TM

[martin2006]

Its around an hour or less but that includes waiting for the call backs, you are not actually on the phone for an hour, much less infact.

[Transit Man]

Quick update

 

Recieved a letter saying the claim has been transfered to the county court hearing centre for allocation.

 

Am I correct in thinking the defendant does not want mediation and there is now going to be a hearing in front of a judge ??

 

Tm

[martin2006]

just means its being transferred to yr local court, offer of mediation will follow.

[Transit Man]

Hi

Revived a letter saying we write to our letter of xx xx xx which enclosed our clients direction questionnaire.

 

Then it says we acknowledge your direction questionnaire.

 

Do I need to respond to this letter saying I recieved them ????.

 

I have supplied the mediation service with a contact number, they are asking me to provide a telephone number to the court and to them the court will have a contact number via the questionnaire.

 

Do I need to send the writer of the letter a contact telephone number also I am protective of this as I dont wish to be bombarded with un wanted telephone contact.

 

They also say they have not had a responce to our letter of xx xx xx this is mainly about what they are offering this is an absolute joke and its not worth the time and effort to write it.

 

It gave me a limited time to accept it this has well expired it does not say I have to let them know by repliying do I need to write and say I am not accepting I personally think this is obvious by not repling to it.

Thanks

TM

[martin2006]

Nothing for you to do as yet, it will now proceed through mediation if both parties have agreed to this, if not it will proceed to notification of a hearing date.

You are not obliged to accept or decline any offer made, they probably stated the offer expires on xx/xx/xxxx and if that date has now passed then they should accept that it was insufficient and move forward.

Personally i chose to decline in writing until the offer became acceptable.

[Transit Man]

Hi

can anyone offer some help

 

Had a letter from the court asking for further particulars of claim specifying more detail on the basis of claim with particular reference to why he claims the defendant has breached the legislation, rules and regulations referred to in the particulars of claim.

 

I used the partcular of claims letter in the library with legislation etc.

 

Could anyone help wih some guidance on how to reply and what to include in my reply.

 

Thamks

TM

[AndyOrch]

You will have to scan the letter from court and upload it.

[Transit Man]

Thanks Andyorch

For the reply unfortunately I do not have a scanner

What I have written is the all the text from the letter, if I could scan it would read exactly the same, Iincludenthank you for your reply I was hoping for some guidance as what to incude in the reply as in post #186

Thanks

TM

[dx100uk]

you have a smart phone or a digital camera surely??? photo it

 

 

then follow the upload

[Transit Man]

Thanks dx100

I do not have a smart phone and I do not own a camera.

TM

[martin2006]

Just type the exact wording if the letter if you are not able to scan or take a pic

[AndyOrch]

Thanks Andyorch

For the reply unfortunately I do not have a scanner

What I have written is the all the text from the letter, if I could scan it would read exactly the same, Iincludenthank you for your reply I was hoping for some guidance as what to incude in the reply as in post #186

Thanks

TM

 

Possibly so but you dont state all the CPR the reasons and options and dates and the reason for the order being made and who instigated the order...the court or the Claimant.

What happens if you fail to comply.....is it a letter or is it a General Order etc etc etc.....

 

There is lot more to a Court letter than meets the eye...thats why we need to see it.

[Transit Man]

Hi thanks for all replies this is the letter from the Court copied word for word i look forward to your help with repling to this.

 

General Form of Judgment or Order In the County Court at

XXXXXXXXXX

 

Claim Number: XXXXXXXX

Date: 16 May 2017

 

A Circle with a Crown in it

With The County Court Printed in it

 

Then My Name 1st Claimant

Ref:

 

Their Name 1st Defendant

Ref:

 

Before District Judge ( Name of Judge ) sitting at the County Court at XXXXXXXXXX( Then the Courts address and post code )

 

IT IS ORDERED THAT

 

1) The Claimant shall by the 30 May 2017 send to the Court and the Defendant Further Particulars of Claim specifying in more detail the basis of his claim, with particular reference to why he claims the Defendant has breached the legislation,rules and regulations referred to in the particulars of Claim.

 

2) In default, the claim will be (and is hereby) struck out on the basis that it fails to provide any basis upon which the claim could succeed.

 

Dated 10 April 2017

 

Hope this helps

Thanks

TM

[AndyOrch]

Thanks so has the defendant in their defence requested that you submit further particulars ?

[Transit Man]

No I have never had a request from them, they actually sent me an offer which I refused but have never said verbally or written that they wanted any more information.

 

How do I respond to this andy as you can see in my post above I am limited on the time to respond with there being a bank holiday this week so really need to post Thursday to ensure it gets there for the 30 May i do not want this struck out.

Thanks

TM

[AndyOrch]

Simply refer back to your particulars that you submitted and expand on the points..in particular....

 

" specifying in more detail the basis of his claim, with particular reference to why he claims the Defendant has breached the legislation,rules and regulations "

 

Look at the defendants defence which they have submitted...that will guide what they are questioning.

[Transit Man]

Hi could somebody please offer me some advice on what to write back to the court I am totally lost at shat to write have looked back at there defence they say

 

" it is denied that the defendant is liable to the claimant, wether on the grounds alleged or any grounds.

What do they mean ???

 

Without prejudice to the foregoing, the particulars of claim are inadequately pleaded and are substantially lacking in particularisation. Further, the claimant has not pleaded.

What foes this mean??? I used the P.O.C. from the library so this had all the legislation they arr questioning.

 

The basis upon which any charges which were applied to the mortgage account were " unfair " or " unlawful "

What can I put in a responce to this.

 

The basis upon which the defendant is alleged to have caused the claimant any detriment or loss.

What can I put in reply to this.

 

In the circumstances the defendant requests that the court exercise its power under CPR 3.4 (2 ) to strike out the particulars of claim on the basis that the particulars of claim disclose no reasonable grounds for bringing the claim.

What can I write in responce ro this.

 

Save as expressly admitted, denied or reserved herein, no admissions are made and the claimants are put to strict proof.

What does this mean.

 

Sorry this post is so long I am hoping someone can offer me some help with writing a reply as I really lost st what to put in a letter and I have gone too far with this claim for it to be struck out.

Thanks once again

TM

[martin2006]

Read through the PoC and where you refer to regulations you will need to quote which part of the regulations you are using.

 

For example: MCOB is section 12.5 from memory, this is what needs expanding a bit in your PoC including any other regs you are using in your claim.

 

I admit its a little unusual at this stage that the judge is asking for clarification of which part of which regulations you will rely.

[Transit Man]

Thanks for the reply martin 2006

 

Where they have " specifiying in more detail the basis of his claim "

Could I put to to reclaim unlawful fees, charges and interest charged on my mortgage.

 

Regarding legislation, rules an regulations

I have been reading what I put on the Origional POC I sent I have quoted the unfair terms in Consumer Contracts Regulations 1999 ( UTCCR )

Also the mortgage conduct of business rules ( MCOB ) under thefinancial services and markets act 2000.

 

Also I had put by virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under.

 

I have read the MCOB ans UTCCR and I really do not understand them enough to expand on what I have included in my Origional POC is there any template letters with expanded elements of the POC that I can use to complete what I neef to advance this claim any words I could use, letters or more rules or regulations that may help.

 

Sorry that I am asking I really do not want this claim struck out.

Thanks

TM

[martin2006]

look for a mortgage charges reclaim witness statement, start wit GE claims in particular

 

MCOB s12.5 covers excessive mortgage charges