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jotty

JP Morgan/Rooftop Arrears fees- The saga continues.

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Please will you post the defence here in scanned PDF format.


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This the defence they have put in, my argument has always been that we never agreed to them or to paying the fees but they claim it was in our t&c’s.

They have already agreed to refund but wanted me to sign a NDA which would have prevented any future claims for other charges.

 

They have had a SPO in place since 2009 and have tried to enforce twice but we have always been able to clear the majority of the arrears. For info the arrears are now cleared.

JPMORGAN_DEFENCE.jpg

JPMORGAN DEFENCE_1.jpg

JPMORGAN DEFENCE_2.jpg

JPMORGAN DEFENCE_3.jpg

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This is been going on a long time so frankly I have lost the plot again.

Clearly you're not disputing the fact that the terms and conditions allow them to instruct home visits. I seem to remember that you are objecting to the home visits on the basis either they want arranged in advance or that you didn't agree to them or for some reason rather no appointment was made.

Is that correct?

On the basis of the decision in Kensington I would have thought that your position would be that although they are entitled by the terms and conditions to instruct home visits, it is an implied term that those home visits must be carried out by prior arrangement/agreement with the customer.

Is that the position?


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Yes its fine, I have thought about throwing in the towel ages ago.

 

Its correct that I cant dispute the T&C’S, we didn’t agree with them because in our opinion they served no purpose as JP where more than aware of the situation and a home visit was merely a means to try and “discover” other issues that weren’t really there to help with any subsequent possession proceedings.

 

If we had been offered the service we would have refused it so to then charge us for not wanting the visits seems a bit of a nerve. Just to presume that we would have agreed is yes the basis of the case.

 

I will complete the forms sent, and agree to mediation on the basis that they refund the charges and my court costs, but will not agree to the NDA they want us to sign.

 

Am I correct so far?

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Yes - that sounds reasonable enough


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IMHO you can dispute the T&C's else they'd be no CAG nor PPI reclaiming.

CAG came out of bank charges reclaiming that were in the T&C's as did PPI reclaiming

you need to use those two points.

 

as for the Statute barred rubbish

its when you became aware you could challenge them, clearly that's not 6 yrs ago.

 

Kenny's have been lambasted and fined by various authorities numerous time for not treating borrowers fairly

you need to include these cases/refs in your later submissions.

 

as they say, they full well knew of and clearly state arrears over the whole time of the mortgage existed

the fact that you didn't [ or more truthfully they didn't listen!] to you thus they repeatedly sent doorsteppers is immaterial IMHO.

 

it was done to extort more money thus upping the fictitious arrears, making the situation look worse when infact it was lender penalty charges [of whatever nature] that caused their 'extra concern'.

 

this could be an important win here...

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So I may need help with a further submission, I have until the 23rd of Sept to submit the allocation/mediation forms.

 

Should I submit my argument before then or wait for court direction etc ?

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