Fighting Fund For Mortgage Erc Recovery

[The Avengers]

Hi

 

We have pm Bank Fodder and awaiting his reply.

 

Re the fund,we feel that all funds need to be held in a Solicitors Client account as they would be the ones acting on our behalf,as soon as we have an OK from Bank Fodder somehow we will get the information out and the donations can go direct to him.

 

Billy 55 is correct if this gets to high Court the decision then becomes binding it becomes a point of Law and the lower courts then have to abide by it.We need to do this to set a precendence then evryone else that decides to go to court with this after we have appealled and WON has things easy !!!

[lickthewallfatboy]

to be fair to all concerned,jamorgan has been using this site for a fair while,and she has put her neck on the line financially,and taken a hit.

 

Sort this case out first-get her finances sorted if and when the appeal stands or falls.

 

Class action was suggested against Barclaycard several months back for beach of DPA,and it was shot down at the time.

 

All in favour of sorting out jamorgan first before anybody else gets involved,say "aye"

 

"aye" £20 a head seems to be the suggested going rate??......

[dolly]

OK - I am just going to say this because I feel the need to. Please don't anyone take it the wrong way as I am gutted for jamorgan and am more than happy to give a bit financially to help pay the costs or for the fund, whatever.

 

BUT......

 

If we do this, we are potentially opening the floodgates for people to go to court with the assumption of 'well, if we lose, CAG will have a whip round and I'll get some of the fees paid by others.'

 

Do you see what I mean? I have a court date at the end of March (mine hopefully should be kept small claims) but I know there is an awful lot of people who will potentially be on the fast track route and therefore open to the costs issue. It may therefore not be classed as fair if we help one person out but not others and there needs to be something in place to prevent that.

 

Yes, jamorgan was the first and I do really believe she needs helping but I am concerned about the ongoing consequences of this.

[The Avengers]

Hi Dolly

 

We totally agree with you there are others on this site that are going to court with the same ,if they loose and have costs then to be fair we would have to help them too,We were suggesting a fighting fund to get a solicitors practice on our side and to help ALL OF US in fighting if things go wrong,paying the money directly to them and then using their services to HELP us all.

We really need to sit and see what happens,if Jamorgan appeals and wins then she will have NO COSTS anyway as Kensington will have to pay.

 

We think that everyone feeling the out fall from all of this but we shouldnt run before we can walk.

 

We know that you will support the fund but it must be there to help everyone including Morgy.

[The Avengers]

Dolly

 

Just to clarify,we wanted to pay the fund into a Solicitors Practice who would act on our behalf to represent in courts.

That would include you,morgy and the guy who is in court today with Platform.

Even

[The Avengers]

Even if it merely to help with the letters etc

[lickthewallfatboy]

what I am saying is get this one case sorted-then do the class action bit and that will sort it for everyone....

 

I think some kind of consideration should be given to one of the trailblazers who had the swingers to actually test the water on what is,admittedly,still a very grey area.

 

If we can get this to a successful appeal,the money raised will not be needed for jamorgan as she will not have costs to pay,so the money can then go towards the class action.

 

I think it's time we put our money collectively where our mouths are,and act like the community we are supposed to be,and dig one of our own out of a hole which she was pushed into by a farce of a hearing....I've said it before-what price the advice given and received on this site for free if it was a case of taking these people on without the benefit of it?A very pretty penny,I'll wager

 

I know what it's like to get a slap on the mouth in court-citi did just that by using very dirty tacticsand getting a judge who was clearly ignorant of the issues involved.They haven't got away with it,but that's another story entirely......

[The Avengers]

Hi Lickthewallfatboy

 

Tried to PM you your box is full with some details .Let me know when I can pm you .

 

Thanks

[zootscoot]

I have had a long conversation with Bankfodder regarding this issue and we are both deeply concerned. We obviously feel for Morgy's predicament, but for many of the reasons Dolly outlined above there can be no official CAG fund for Morgy.

 

This would raise expectations in other users that they can expect the same treatment and some may even go on to take risks that they wouldn't normally. CAG simply can not be drawn into such a venture.

 

We are currently reviewing the options for the way forwards with regards to ERC claims. Class actions are certainly worthy of consideration. The position following Jamargan's claim seems that despite the strength of her claim in that she had no choice but to end her mortgage because she could no longer afford it, this was not treated as a breach of contract. The arguments for treating terms relating to exercising an option as being in reality another way of imposing a penalty breach of contract are strong. I think there is a realistic prospect of success on this issue, but it would need to go all the way to the House of Lords.

 

This is something beyond the capabilities of CAG. Lawyers would need to be involved. We are looking into getting Counsel's opinion on this which would be funded by CAG and shared with members. However, CAG is of very limited means and would not be able to financially support any class actions. Anybody considering entering a class action would have to do so in the knowledge that they remain personally liable for any related costs and expenses. CAG will not accept any liability whatsoever arising from such actions.

 

Having said that we do not want to leave you entirely in the lurch. By seeking Counsel's opinion this will give people the opportunity to make an informed judgment as to whether to proceed. We also provide the forum where you can unite and keep in contact with other claimants.

 

We would strongly suggest that you research the options of available solicitors very carefully. The one currently put forward to BankFodder has substantial dealings with repossession claims and therefore has a huge potential for conflict of interest. I am sure many of you would also object to them merely on principle.

 

You can be assured that we are both working really hard to try to find solutions.

[paulpb123]

Zoot and others,

In the light of what happened to Morgy, is it now the general opinion that ERC claims are unlikely to be successful? And if that's the case, does anyone have any advice for the many people here who currently have claims going through the courts system?

Paul

[zootscoot]

Its a little difficult to say until we have the transcript from Morgy's case and opinion from Counsel.

[The Avengers]

Hi

 

Reply to Zootscoot,the solicitors suggested are experts in their field but nothing would happen without the agreement of other members,but SURELY a solicitor is bound under the LAW to say if they felt there was a conflict of interest and would certainly tell you if they couldnt act because of a conflict of interest.

Most solicitors that deal with property Law have acted sometime in a property repossesion case against as individual even if they are simply a Representing solicitor from a local firm nearest the court hearing!!

 

So to find one that hasnt acted in a repossion case would be like finding a needle in a haystack.

[Billy55]

All solicitors are bound by the law, however what we need is a firm of solicitors who believe in what they are doing and are not merely out to get there costs in.

 

I suggest a firm specialising in collecting in debts for mortgage companies is not what we are after...

 

Look at the Legal 500.com, this site ranks solicitors according to their standing in their specialism. This ranking is also subdivided b region and is the definitive guide to choosing a solicitor.

 

This would be a good starting point.

 

Can I lalso respectfully ask BankFodder how he is choosing Counsel?

[lellypea]

Whilst all the very complex 'fall out' and 'way forward' issues have to be addressed and very carefully considered for the long term etc.......

 

While the raft of concern & support from everyone is stunning ...there must be many however, like me, whose concerns are for Morgy right this minute with regard to the crushing bill staring her in the face.

 

Thanks to all the many informed people discussing this which is SO IMPORTANT, but would it be at all possible for people like me to be granted the means to give her my £20 to give her some peace of mind. Obviously I can't send it thro post - so how??? This bill has to be paid...an I'm sure Morgy would gladly hold her hand up if and when the total is reached. I really want to do this....any thoughts???

 

Perhaps sound a bit shallow in the light of all the wisdom being exchanged but it's important to me.

 

Thanks in advance (don't want to tread on anyone's toes!!)

 

Lellypea.

[lellypea]

.....if finally (and happily) it is not needed.... as far as I'm concerned I would trust Morgy to give it to a charity of her choice!!!!

[The Avengers]

Hi Lellypea

 

Hold on to your cash for now.

 

If Morgy does appeal to the Judge and he agrees she will not need to pay anyway.

Speak soon

[paulson1985]

I am also concerned for the hefty legal bill morgy faces.

 

Does anybody have any ideas as to how she will will have to pay this?

 

Will she be given time to pay?

 

Or will they persue her for the whole amount instantly?

 

So very worrying.

[jamorgan]

Well I can't give them what I haven't got so do you think they will except a £1.00 a week ?

x

[Dangermouse]

Tell me when and where to send the 20 quid. I'm with you all the way on this, Class Action great idea but lets get Morgy's court transcript. I havn't read the full thread...do you have the £150+vat Morgy?

 

 

Dangermouse

[mrsfoot]

Just a few points of suggestion!

 

Lets not get carried away with the "fight or die" attitude. We all need our feet firmly placed on the ground before we can walk!

 

Morgy must make an informed decision on her next step. While its heartwarming for us all to be behind her (and we certainly are every step of the way) we need to give her space to breathe. Once Morgy has made her decision then we help guide whatever it takes to support her.

 

I suggest if any1 is in unions (yes i know they can be awful) but if you are a member you are entitled to legal advice, so go get some! Get your colleagues to back you, approach you full time official and get them to bring it up at meetings, let them get involved.

I am fortunate (or unfortunate as some may say) to have hubby who is union official. He is talking to his colleagues to see who is affected by bank / mortgage charges and taking it to the next area meeting for the unions support on this. He will be getting a push in the right direction (was going to say something else but would only be edited lol) to get this off the ground over the next week.

 

So lets just remain calm, you see a lot more when the glasses are not steamed with frutration!

 

Mrsfoot xx

[Billy55]

Hello everyone,

 

As there seems some agreement that a 'Class action' may be an appropriate way forward can I suggest that if we act quickly then we could kill two birds with one stone.

 

If Jamorgan appeals her decision she may be able to get a stay of execution in relation to her costs (obviously more research is needed here)

 

She could request (as a litigant in person) a generous amount of time to prepare her appeal.

 

A class action needs a test case and a test case needs funds.

 

Jamorgan's case could be that test case. If we can overturn the judges first decision on appeal then the ball will be in their court. If they wish to appeal the decision they have to take it to the High Court. If they do that we would have a warchest, and further time to obtain more members and more money for the test case.

 

if they don't appeal Jamorgan gets her damages and her costs.

 

Everybody else invloved in a fast track case could ask for there hearings to be adjourned until the test case is heard.

 

This will reduce the risk for everyone.

 

Unless there is a member out there looking to recover an ERC, who has a large amount of money they don't mind risking this seems to me the only way we have a fighting chance, without putting an unneccary number of people at risk.

 

Please, some thoughts.....

[Billy55]

In addition to the above I also suggest that we lobby every member of this site to write to their MP and complain about ERC's. Everbody who is a member of this site who has paid an ERC should complain to the OFT.

 

It may not reap dividends immediately, but it may prove a useful strategy in the long run, partticularly since the OFT has already passed comments on ERC's.

 

A template complaint could be put on the resouces or even sent to each and every member through the CAG e-mail system.

 

Kind regards

 

Billy55

[Les Gunn]

I agree wholeheartedly with the sentiment that we shouldn't let our hearts rule our heads - or morgys decision making at this time. She needs time to consider what's right for her, not the forum (with due respect).

 

However, for the huge raft of us already nearly at Court, this could possibly have a huge impact, regardless of whether we are fast tracking or not. I realise that with the small claim aspect, it's only a fee we stand to lose (I hope!), but the principle of all this is to fight on case law we are sure about - and if there is something in doubt, we need to weed it out and sort it. The last thing we need are successful defendants coo-ing about how great they are eh?

 

Whilst I don't think for a minute that anyone may be about to back out, we all need invigorating and given a group "hug!"

 

In the next 6 weeks, I have 3 cases going to court - now either I stand tough and see it through, or someone had better buy me some kanga pants...!!

 

[gizmo111]

I agree wholeheartedly with the sentiment that we shouldn't let our hearts rule our heads - or morgys decision making at this time. She needs time to consider what's right for her, not the forum (with due respect).

 

However, for the huge raft of us already nearly at Court, this could possibly have a huge impact, regardless of whether we are fast tracking or not. I realise that with the small claim aspect, it's only a fee we stand to lose (I hope!), but the principle of all this is to fight on case law we are sure about - and if there is something in doubt, we need to weed it out and sort it. The last thing we need are successful defendants coo-ing about how great they are eh?

 

Whilst I don't think for a minute that anyone may be about to back out, we all need invigorating and given a group "hug!"

 

In the next 6 weeks, I have 3 cases going to court - now either I stand tough and see it through, or someone had better buy me some kanga pants...!!

 

 

Les I agree with your sentiments exactly -not too goo on the old computer thing but a big whole hearted ((((((((((hug from me and to the rest o fmortgage claimers as well.)))))))

xxxxxxxxxxx

[Les Gunn]

Thanks a lot Giz - as always a star

 

Does anyone know if the idea of a fighting fund is a go-er then? If so, what do we suggest as the way forward, or do we need to set up a central point of contact to deal with this?

 

Thoughts appreciated as i'd like to put towards a "slush" fund for any future issues.