Willowb v rbs /erc*SETTLED *

[Guest willowb]

general interpretation of CPR & PP is that for allocation purposes, the value of your claim - minus interest - is used.

 

However, for the purposes of assessing the court fee, the full value - including interest - is taken.

 

Bill, you absolute star! what a priceless bit of information...thankyou! I love this site!!!

 

You are probably right about the 6 year thing going back a lot further than that 'cause I can't find a reference anywhere!!! ........it's probably from the Jurassic period hey!

 

I need to be sure so I'll pm Zoot........sorry Zoot, I've tried to work this out myself...really I have!

 

Wxxx

[bill-k]

........it's probably from the Jurassic period hey!

I may be a silverback, but I ain't THAT old !!!

I need to be sure so I'll pm Zoot........sorry Zoot, I've tried to work this out myself...really I have!

.....or Bookie ? - Dare we ? :o

Wxxx

[Guest willowb]

Hi Bill:) You ain't old, it's silver not grey! remember?

 

Bookie doesn't take PMs does she? I dare not! I pmed Zoot earlier but she's now gone off line so I don't want to be a nuisance:(

 

Found this though, care to have a look (it may be 7 not 6 years for banks?? although what about mortgages, they're regulated differently aren't they? i.e not CCA)

 

 

Telecommunications data retention - Wikipedia, the free encyclopedia

 

 

Wxxx

[zootscoot]

Sorry I don't know if there is actually a legal duty on the banks to retain information for 6yrs or if this is simply a pratice they have adopted because of the Limitation Act and Inland Revenue requirements.

 

Best person to ask would be Nattie

[Guest willowb]

Thanks Zoot, at least I know I'm not 'going mad' lol.....

 

Who's nattie? would he/she mind a pm from me?

 

Wxxx

[zootscoot]

Nattie formally known as Natweststaffmember!

 

Generally happy to oblige

[bill-k]

Nattie formally known as Natweststaffmember!

 

Generally happy to oblige

Now masquerading as a piggie in a bowtie & DJ - popped in to "Messing about" a coupla times !!

 

That Wikipedia stuff all looks too recent, though, dunnit ?

[Guest willowb]

Ahhhhhhhhh Now I remember:rolleyes: lol

 

Wxxx

[Guest willowb]

I think that the general opinion on this site, from what I've dug up is that there is no law that tells an organisation to hold data for a specific amount of time BUT it is expected of them to retain info for 6 years....

 

Glenn UK In previouse conversations with the Information Commissioners Office they have told me informally that their expectation is that a financial organisation would hold all your records until 6 years post account closure. This of course is not law, but it does give you an idea of why I think that abbey and others are playing games with words/facts.

 

So, the new ending to my letter........

 

We also refer to the concerns your client has regarding the deeds. We understand that it is current banking practice to hold financial data for a period of 6 years, though we will make the said documents available to your client should they require them. We have forwarded copies of the origional deed, the amended contract, a schedule of the charge and a copy of this letter to the Court.

 

 

what d'ya think?:-|

 

Wxxx

[bill-k]

Just me being suspicious, Willow, but can they obtain a copy of the deeds which you sent the court ? That would enable them to avoid having to admit to you that they haven't got a copy. Can you be a little less specific as to what you are sending the court ? - and then maybe it won't dawn on them to ask the court !!

Or am I just being horrid ? !!

 

PS well done with your research - I shoulda known that bloke Glenn would have the answer !!! Pity it's not a law, but even breaching accepted protocol must still be an embarrassment for them !!

[Guest willowb]

Yes you are right aren't you, they can ask the Court can't they?

 

Right, I've got my head around it now (I go round in circles don't I but I get there in the end LOL:D ).

 

So, the end of the letter now reads.....

 

We also refer to the concerns your client has and I refer to the expressed 'embarrassment' regarding the deeds. We understand that it is current banking practice to hold financial data for a period of 6 years, therefore we expected your client to have retained a copy. If it is the case that your client does not hold a copy of the contract/deed then to put the claim on an 'equal footing' we will make the said documents available at your request.

 

Is that worded ok Bill?

 

Wxxx

[Guest willowb]

tried to click you, seems I need to spread it about a bit AGAIN! I'm too exhausted though........hot chocci and an early night for me!

[bill-k]

Is that worded ok Bill?

Wxxx

One satisfied simian here (lights cigarette & visits loo)

Sorry it exhausted you -

 

But was it OK for you, though, Willow ?

That's the important thing.

 

Ain't it just a pain when they won't let us click each other ?

Thank you anyway, dear heart, for the lovely intention !!

 

Maybe later, eh - when no-one's about

 

[Guest willowb]

:o you naughty thing you!

 

Wxxx

[Guest NATTIE]

Willow, I just spotted this thread. The Bank would not have made copies of the deeds to the house.They would have been stored is safe custody but released when the mortgage was over.

[Guest willowb]

Hi Nattie, in their defence they refer to a 'written agreement between the claimant and the defendant' (mortgage deed). I know that I've pmed you about this but can you clarify for me what it is they are after? I have copies of the contract and amendment to the contract but that's it as far as I can see. I remember at the time that we signed one copy and kept it and sent another copy away which was never returned!

 

I'm a little confused:confused: and very bothered about this now.....as I thought that I had it sewn up:( . Does this mean I should send them copies afterall?

 

Wxxx

[Guest willowb]

Definition of mortgage deed....

 

Mortgage Deed - this is the legal document that creates a charge over property. All borrowers must sign a mortgage deed and it is then submitted to the Land Registry who can then register a charge over the property in favour of the lender.

 

Firstly, why would they want that? and secondly if it's not in our records then what?

 

It's surely a copy of the contract that they're after isn't it?

 

Do you think that they themselves have it confused by stating...

'written agreement between the claimant and the defendant'

and then referring to the above as...

 

Mortgage deed

 

 

Wxxx

[Guest willowb]

I wish I did hold the deeds wouldn't that mean that I owned the whole f**** house?

 

You can catch my show....... losingit.com.........followed by.....don'tevengothere.com.......you know you want to!...lol I bet you clicked!

 

I'm sure they have made an error in their wording of the defence, what do you think? I could milk this if I were certain!

 

A very frazzled Wxxx

[bill-k]

I wish I did hold the deeds wouldn't that mean that I owned the whole f**** house?

Yeah, but keep dreamin' gal - AlanFromDerby got his !!

 

You can catch my show....... losingit.com

I got this. Are you really not the slender little wisp that we all thought you were, then, our Willow ?

Losing It

 

.........followed by.....don'tevengothere.com

I got this - it's a swipe card with a difference !!

dontevengothere

 

.......you know you want to!...lol I bet you clicked!

I did - and I bet you wish you hadn't suggested it, now !!

 

I'm sure they have made an error in their wording of the defence, what do you think? I could milk this if I were certain!

I think it's worth a polite request for clarification, and let's see if they embarrass themselves further !!

A very frazzled Wxxx

 

[Guest willowb]

Thanks for that Bill, you cheered me up hun! .....which is usually near impossible to do at this time of the month:x arrrrrrg.

 

Right so, I do believe that Cobbetts have indeed worded their defence wrongly so this is the final end to my letter..........

 

We also refer to the concerns your client has and we also refer to the expressed 'embarrassment' regarding the mortgage 'deeds'.

 

We would like clarification as to what your client is referring to as the mortgage 'deeds', as the 'deeds' to the property are now with our current mortgage lender and therefore are unobtainable.

 

.Mortgage Deed - this is the legal document that creates a charge over property. All borrowers must sign a mortgage deed and it is then submitted to the Land Registry who can then register a charge over the property in favour of the lender.[end quote] .

 

If what your client is referring to is the original 'mortgage contract' then we understand that it is current banking practice to hold financial data for a period of 6 years, therefore we expected your client to have retained a copy. If it is the case that your client does not hold a copy of the contracts then to put the claim on an 'equal footing' we will make the said documents available at your request.

 

wxxx

[bill-k]

Yes, well done, Willow - that ought to do it. Well done, too, for sorting out all the why's & wherefore's as regards deeds/contracts/etc.

 

Particularly so, also, considering your lunar cycle !! Thank you for tolerating my presence during the past few days !!

 

I'll try and keep out of your way for a bit !!!

 

Bill.

 

XXX

[Guest willowb]

Thank you for tolerating my presence during the past few days !!

Thanks for helping me be assertive and 'steering' me straight for the juggular!

 

Well, that's me for now....AQ and letter sent:o .....cup of tea and 2 co-codamol later, I'm a little less stressed :-| ..thanks for all your help.

 

Wxxx

[Guest willowb]

Cobbetts sent me a copy of their AQ, they have ticked 'small claims' which is a relief.

 

Wxxx

[bill-k]

Cobbetts sent me a copy of their AQ, they have ticked 'small claims' which is a relief.

 

Wxxx

Good to see something is going your way, matey ! You deserve a bit of positive !!

[Guest willowb]

I've been doing alot of reading today and I have a question, well, a couple really....

Quote Bona (didn't want to hijack MFs thread with this so I hope you don't mind me quoting you here...)

Most Mortgage deeds include a clause that you have to pay any reasonable cost in connection with your mortgage the word reasonable is the key you need to look at what your terms and conditions say.

So, this is the indemnity clause right? and it basically gives the mortgage companies the right to claim for costs even if the claim is small-claim and not fast or multi-track? Well, I can't see anything to do with this in my mortgage contract but I can't think that I'm that lucky! Could someone look at the contracts for me?

 

Indemnity aside, if the claim remains in 'small track' although I don't know why they haven't pushed for fast-track, it is pushing the £5k mark. They can still counter-claim for costs can't they? at what stage is this not allowed? can they counter-claim at any time they want? Or does it have to be before AQ etc.

 

 

Wxxx