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mrsfoot

Me V Swift

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I have received defence from the above. with regards they say ERC is not a penalty due to a breach but rather a fee due to my eercising my right to end the contract??? Surely this is contradictory lol

 

Also i have received the allocation questionairre with regards to fees added to my ex mortgage with them and i have no idea how to fill it in....i have looked through site and cannot find anything. If someone knows where this info is or anyone can help i would be very appreciative.


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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I have received allocation questionairre for the case 6CH04822. I am at a loss as tyo what i need to do to complete this. I have reveived the defence papers from Swift where they are defending all the claim. They have already paid me a small amount of money back as they had charged me over £1300 for a default notice, and yet they say the charges they added where not excessive!

 

Hope someone can help with this form and point me in the right direction in this site.

 

Thanks


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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[SIZE=1][COLOR=Red]MBNA: [COLOR=Green]Paid[/COLOR][/COLOR][/SIZE][SIZE=1] [/SIZE] [SIZE=1][COLOR=Red] Co-Op: [COLOR=Green]Paid[/COLOR][/COLOR][/SIZE][SIZE=1] [/SIZE] [SIZE=1][COLOR=Red] Lloyds Tsb:[/COLOR][/SIZE][SIZE=1][COLOR=Blue]Data Protection Act sent 14th June Still waiting. Started again[/COLOR][/SIZE][SIZE=1] [/SIZE] [SIZE=1][COLOR=Red] Abbey National: [COLOR=Green]Paid[/COLOR][/COLOR][/SIZE][SIZE=1] [/SIZE] [SIZE=1][COLOR=Red]Barclaycard:[/COLOR][/SIZE][SIZE=1][COLOR=Blue]Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02. [COLOR=Red]Capital One: [COLOR=Green]Paid[/COLOR][/COLOR] [COLOR=Red]Cahoot: [COLOR=Green]Paid[/COLOR][/COLOR] [/COLOR][COLOR=SeaGreen][COLOR=Red]Accord Mortgages: [COLOR=Blue]Prelim £9,750 LBA 6/10/06 MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times [COLOR=Red]Mother in law Nat West: [COLOR=SeaGreen]Paid[/COLOR][/COLOR] [/COLOR][/COLOR][/COLOR][/SIZE][COLOR=SeaGreen][SIZE=1][COLOR=Red]Wife's Nat West[/COLOR] [COLOR=Blue]MCOL issued 26/03/07[/COLOR] [COLOR=Indigo]Rise, like lions after slumber In unvanquishable number! Shake your chains to earth like dew Which in sleep had fallen on you: Ye are many - they are few! (P. B. Shelley, 'The Masque of Anarchy', 1819) [/COLOR] [/SIZE] [/COLOR]

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Thank you very much, was beginning tho think i would have to give up at this stage!!


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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I have recieved the defence for Swift. It is relevantly straightforward, however there are few points i need help on if possible.

 

1. Do i need to adress each point in writing to the court or will this be what i rely on when i go to court?

 

2. it is denied that section 4 of the unfair contracts terms act 1977 has any applicability to the charges paid under the credit agreement. Section 4 (1) applies to prevent a consumer being liable to indemnify another person for negligence or breach of contract by that other person. (Defendant states they are the another person) The Defendant has not sought to require the Claimant to indemnify it for negligence or breach of contract by the defendant.

 

Query...am i not being made to indemnify the defendant by paying the charges??

 

3. The claim that the charges are unreasonable within the meaning of the Supply of Goods and Services act section 15. The credit agreement does not give rise to a contract for the supply of a service and so it is denied that provisions of the act are not applicable.

 

Query....Are they not supplying a service, by providing me with a mortgage?

 

hope someone out there has some clues and pointers for me, thank you


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Hi Mrs Foot

the defence is the usuall i woudl just continue along with your claim, you havent written the banks names so an example suggestion of time before pay out is not possible.

 

Also you have not advised which mortage company you are with.

 

But Rather than reply on this thread which is in the Welcome section make yourself a v's thread under you bank. This will then be seen by thousands of members.

 

All the banks are linked at the base of this post under list of banks

 

Good Luck

BL:)

 

If you are LOST in CAG

Click the Consumeractiongroup at the top left hand corner of this blue section on your screen.

This will show you a detailed Index of the forum.

Tracking your Claim Thread

Once you have located your bank and have made your thread, select thread tools at the top right of the thread, choose subscribe to thread, then select Yes.

To locate your Claim Threads

Just up from thread tools and to the left click Quick Links, this will offer subscribed threads. In here you will see your claims

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Hi Mrs Foot

 

2. it is denied that section 4 of the unfair contracts terms act 1977 has any applicability to the charges paid under the credit agreement. Section 4 (1) applies to prevent a consumer being liable to indemnify another person for negligence or breach of contract by that other person. (Defendant states they are the another person) The Defendant has not sought to require the Claimant to indemnify it for negligence or breach of contract by the defendant.

 

 

Thats alright then they can not then claim that they had t pay out costs to another party as a result of your breach of contract.

 

3. The claim that the charges are unreasonable within the meaning of the Supply of Goods and Services act section 15. The credit agreement does not give rise to a contract for the supply of a service and so it is denied that provisions of the act are not applicable.

 

Yes a mortgage is a service, although if they specified the charge in the mortgage offer, which is most likely, you can not rely on s.15. Not to worry though as there is plenty to show that the charge is unlawful based on the common law penalty provisions and UtCCR.

 

All the best

 

Zoot

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Well my AQ has been handed in. Guess whose AQ landed on my doorstep today...yep day it was due into court Swift AQ comes in the post. They want the claim to go fast track as it over £5k. The costs are actually £4700 and only with the interest does it go over £5k. Plus the solicitors dont seem to knnow that Swift have also paid me £700 for the default notice they admit to over charging me for which takes it down to under £5k with interest lol ALSO in the post today was letter from Swift. They have admitted they charged me £70 court costs and want to repay it and attached a cheque for the amount. Why are they paying this...because the judge who heard that case said NO costs to be added to my account but they went ahead and added it anyway! So now i have 2 letters where they admit they over charged me...bring on the court hearing!! Please anyone who has had probs with Swift check how much was added.....cos they are not as legally honourable as they say (like we didnt know that lol)


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Hi all, just wanted to know has anyone been to court over ERC / mortgages charges yet? I know some have been paid out after MOCL and AQ's have been filed but is there any evidence of any going to court and winning?


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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No there is not, because nobody has got that far, all claims have been paid before court.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Quick update. I have my court date for this case. Friday 8th Dec we go to court. This si an allocation meeting as Swift have stated on their AQ they want it to be fast tracked, i want small claims so the judge wants to meet.....has anyone any ideas??


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Hi i have a case with GMAC who have not filed their AQ in time. Due date was 1/12/06 and having spoken to the court today it seems they have not filed...does anyone have any ideas or advice as to what is next??

 

Have revieved their AQ this afternoon, although court say they still not recieved their copy. Will this go against them?


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Allocation hearing today, judge has decided case must be heard fast track. CPR22.8 A-F was taken into account.

 

Can one of the mods please contact me, Swift want this in court, and have indicated they will take it to the highest court in land should they lose at fast track, this could be the case we are waiting for!

 

Mrsfoot


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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How much are you claiming?


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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£3836.78


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Is it this?

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/46580-me-swift.html#post392456

 

Would be much easier if all your threads were kept together :)


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Now the case is in Fast Track it opens the door to making a Part 18 request for further information. I would suggest a carefully worded request for them to supply a complete breadown of their costs in relation to each charge levied.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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HI AFD

 

Thgank you for the advice, whjere about would i be able to find something on thjat topic so i could research it and write a letter requesting the info. Who would i send it to? When would i send it? Things along those lines.

 

Mrsfoot


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Hi,

 

This has also been allocated to fast track - a mortgage express ERC - a read of this will help fr starters.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/19662-maroonfox5-mortgage-express-3.html


Consumer Health Forums - where you can discuss any health or relationship matters.

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Keep to this format, but adapt as necessary. You do not need to send a copy to the court unless the bank fail to respond - but we will cross that bridge if/when that happens.

 

Keep a copy for yourself, and one for the court should it be needed.

 

 

 

 

 

 

IN THE XXXXX COUNTY COURT Claim No: XXXXXX

 

 

 

 

 

BETWEEN: -

 

 

 

 

XXXXXXXXX XXXXXXXX Claimant

 

 

-and-

 

 

 

WHATEVER BANK PLC Defendant

 

 

 

_________________________________

 

REQUEST FOR FURTHER

INFORMATION UNDER CPR 18

 

_________________________________

 

 

1 I request that you supply a full certified breakdown of the actual expenditure incurred by Whatever Bank PLC, in relation to each of the charges levied to my account and detailed in the claim.

 

2 Where the charge is purely an administration fee applied under the terms & conditions of the mortgage, I request that you provide certified details of how this charge was set, and the calculations used in the process of arriving at this figure

 

3 This request is being posted today by Royal Mail Special Delivery, and should therefore be delivered before 1pm on [insert date]. I require that you respond within fourteen days to: [Your name and address]

 

 

 

 

Signed……………………………… Dated …………………………


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Thanks gizmo, very helpful. I have directions from Judge from yesterday:

1 Statements of fact to be filed.....what is this and whr can i find examples?

2 Standard discl;osure...again same questions>

 

Im really sorry about how daft i must seem i just cant figure out my next move, and HATE not being in control of this!


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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tysm AFD, last question, as you must be fed up of me already, can i still send this even though the Judge has made directions?


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Yes, it is part of the process for preparing your case and is intended as a means for parties to challenge the other sides case in advance - rather than having time-consuming arguments in court that may result in having to adjourn the proceedings because the other side can't provide an instant answer to a key question.

 

Use the process to ask anything that they would be expected to have to provide an answer in court.

 

If they fail to respond, or refuse, then you may have grounds to get their defence struck out.

  • Haha 1

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Thank you again! Will sit down tonight and set it out to be applicable to my case.

 

I have been looking at the CPR website, very informative!


All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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