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Guest DEATHLORD

Court Case.

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Guest DEATHLORD

Hi everyone,

Well I like first to wish you all a happy new year

I am in a case at this time with Future Mortgages who repossed our home but we where able to remortgage but still paid the ERC of nearly £10,000 and that is what I am claiming back now. I have issued my claim after geting the run around and the usual letters saying bah bah but its now gone to an allocation questionaire and my questions are

1. Is there any thing I need to put in?

2. Their defence is as follows,The defendant denies that it is liable to the claimant in the sum claimed or in any sum whatsoever.

The defendant admits that the claimant had a mortageaccount with it that was redeemed on the 29th Sept 2006

The claimant claim should be stuck out under CPR3.4 as being an abuse of the process of the court or is otherwise likely to obstruct the just disposal of the proceedings, in that the claim is barred by reason of cause of action estoppel(?),

since it should have been raised as a defence and set off in previous proceedings for possession that have now been disposed of by the court.

Further and or in the alternative the claimants claim should be struck out under CPR3.4 for non service as the claim form was not served unpon the registered office of the defendants in accordance with the section 175 Companies Act 1985 which takes precedance over the CPR rules.

 

Further and or alternatively the claimants claim should be stuck out under CPR3.4 as disclosing no reasonable grounds for bringing the claim NOW THE BEST BIT:D

The subject of the claimants claim is redemption charges which the claimants alleges are unfair under schedule 2.1(e) Unfair Terms in Consumer Contracts Reg: 1999. under Sch 2 indentifies terms that may be unfair including at 1(e) a term requiring any consumer who fails to fulfil his obligations to pay a disprotionately high sum in compensation, However the redemption charges are not a penatly for breach of contract and therefore canot in LAW fall under the provisions of Sch:2.1(e)

 

Help as I do not what to be the first to F'''''K up or do any to any other cases.

I know it rubbish but its going to court:evil: sorry its so long.

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Hi Death Lord,

 

Welcome to the forum.

 

I'm going to transfer this thread to the mortgage forum as I think it is better placed there.

 

Can you tell me what you put in your particulars of claim?

 

The no breach argument is quite common from mortgage companies. Have you looked through the mortgage forum yet, if not do so.

 

Can you give a little more details regarding the possession proceedings at which stage did you pay off the mortgage?

 

You should get an allocation questionnaire to fill in in the next few days which you must return within 14 days

 

All the best

 

Zoot

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Guest DEATHLORD

Hi Zootscot,

Thanks for the reply,

The claim was for early repaymant charges and there adim charges as they put it and interest then in a total in all of £10,000.00.

They were grant prossion and we then remortgaged to stop this but at the hearing the company was shown to have lied to the court by they just put it down to a mistake on there part as the person no longer works there!

I have the questaire today which has to be back by the 7th, as I have asked for a break down and SA letter which they have not answered.

but ask for leave to admed the claim becuase of this.

any help would be great.

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