Tallchap v BoS ERC withdrawn

[tallchap]

Hi all

 

Having exited a fixed rate tracker prematurely, I incurred the dreaded fixed % ERC. (Fixed at 4% irrespective of exiting on Day 1 or Day 1000.)

 

I've followed the Prelim and LBA approach for the recovery of ERC plus fees against a BoS subsidiary with no joy. The ERC and closure fee bring the amount, inc interest to £5,500 ish.

 

My question is, should I seperate the ERC (sub £5K) in a MCOL claim to ensure it stays small claim, and come back for the balance shortly after. Both would then be small claims court, limiting potential costs.

 

Anyone with any thoughts would be much appreciated

 

TC

[tallchap]

Anyone ?

[ellielou]

I'd be inclined to keep them seperate.

It's my thinking that you be better to keep them below the £5k thresehold if you can.

[tallchap]

Thanks for the advice ellielou, I'm minded to do exactly that, now where do i find my mcol a.b.c guidelines ....

[ellielou]

Have a look here - this should help.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/19501-zoot-halifax-mortgages.html

[tallchap]

thanks ellielou, mcol claim now submitted on line

[ellielou]

Brilliant.

Good luck - keep us informed how you get on.

Ellielou

[tallchap]

mcol submitted. BoS entered a late acknowledgement which gave them a further 14 days stating their intent to defend. That 14 day deadline was missed as well. Judgement requested and given by default on line......

 

Anyone any ideas as to the next sensible way forward ?

[tallchap]

bump....any views welcomed

[gizmo111]

No doubt they will now apply for the judgement ot be set aside.

[tallchap]

Thanks gizmo

 

I had been advised that set aside was likely.

 

Is it a case of just waiting for them or the court to contact me, do I ring the bank and say hey come on now, or is there a time limit on an application for set aside ?

[tallchap]

bump, maybe zoot might have an idea ??

[tallchap]

Can anyone point me in the right direction or thread for the best next step ?

[zootscoot]

Give it a week or two if you've heard nothing go for warrant of execution. Don't contact them at this stage. If they apply to have the judgment set aside agree to it otherwise you will be liable for their costs and they will get the set aside in any event.

 

You might be lucky and they may just decide to pay out rather than go for a set aside. I've not had any dealings with BoS so not familiar with their tactics.

 

All the best

 

Zoot

[dazzaboy2]

Hi tallchap,

 

Just stumbled accross your thread. I am in a similar position. I was granted judgement by default on the 8th of Jan against BoS and they still haven't paid. I haven't heard a thing form them either.......despite a phonecall.

 

Next stage is warrant of execution. Altho I need to get High Court Bailiffs due to the amount they owe me.......I'm finding it a little difficult to get advice right now tho!!

 

Check my thread. If you get any useful info please post and I'll do likewise!

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/26972-darren-bank-scotland-round-9.html

[tallchap]

Hi Darren

 

Can't really help much. Looking at Zoots advice this week it will be a forthnight since judgement was awarded against them for not entering a defence.

 

My claim is sub 5K (just), so I'm going to press the warrant via small claims and attempt to keep it all in one place.

 

This seems strange. We follow correct procedure, adhere to dates and requirements, which appear to be largely ignored by BoS....can't quite work out where the equal treatment comes in........I'm sure if I owed them 5K and they got judgement, it would be next to impossible for me to turn it around

[ellielou]

This seems to be happening frequently - I ran around like an idiot last week trying to get my disclosure list ready by the deadline - I got it sent on time only to be told they weren't even aware they had to send one & had not recieved a notice of allocation!!??

 

It frustrates me that they can get away with doing this - surely there's something that can be done about it? But what I have no idea.

[tallchap]

OK stupid question time. Is the burden of proof on the bank to prove their erc is lawful or the claimant to prove that it is unlawful ?

[tallchap]

As I'm on a role, stupid question no.2.

 

Assuming I eventually get an allocation questionaire N149 (for sub £5K) in reponse to a belated defence. In section G do I need to use this area to rebutt the defence put forward; rebutt their potential 'request claim to be struck out' or just restate my original particalrs of claim.

 

I've seen zoots 'Response to request for claim to be struck out' thread. Do I need to put this in here, or is this for a later occasion ?

 

These questions may seem basic, but as I've now just arrived at the AQ statge are quite key for me now.

 

Thanks to anyone to repsonding

[tallchap]

Morning to all on this snowy day.

 

I have a judgement (3 weeks ago now) - I've heard nothing at all from BoS. I have waited and waited for anything. Since that time when things were going swimmingly on this site..we've had a 180 degree about turn.

 

Even with this judgement is my best option to close it down now ?

 

Will BoS just apply for the judgement to be set aside if I hit the warrant button after 3 weeks ?

[tallchap]

bump

[dazzaboy2]

Tallchap,

 

Check my thread...........I found myself in a similar situation recently!!!

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/26972-darren-bank-scotland-round-10.html

[tallchap]

thanks Darren, your seems to be a charges case and mine is an erc, which is being dealt with ve differently, so i'm reluctant to press the warrant button

[tallchap]

Morning to all on this snowy day.

 

I have a judgement (3 weeks ago now) - I've heard nothing at all from BoS. I have waited and waited for anything. Since that time when things were going swimmingly on this site..we've had a 180 degree about turn.

 

Even with this judgement is my best option to close it down now ?

 

Will BoS just apply for the judgement to be set aside if I hit the warrant button after 3 weeks ?

 

An y thoughts ??

[zootscoot]

It might be worth using this as a bargaining tool in negotiating settlement.

 

Make an offer to settle and state if they accept then you will not go for judgment.