**attention All Fast Trackers**

[zootscoot]

Those of you who are not aware of Jamorgan's claim please read this:

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/27030-harsh-letter-received-kensington.html

 

Particularly p.7

 

It is important that you are aware of the full cost implications of your claim.

 

I am currently reviewing all mortgage claims particularly fast track. If you have a fast track claim please reply to this thread with a summary of progress so far and a link to your thread. Please do not panic or make any hasty decisions until I have reviewed the position.

 

Zoot

[gizmo111]

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/12746-mortgage-express-erc.html

 

Disclosure List to be submited by 2/02 - with inspection by 16/02 - trial to be listed sometime in July.

ERC £5020 plus 8% = £6265

Cobbetts in Leeds handling case.

Claim against Mortgage Express but original mortgage was with GMAC who sold account to ME after 18 months or so.

No arrears.

SAR bought up a list of abbreviations used by ME - one being REDEMPTION INT = Penalty interest charged for early redemption of the account.

Spent £350 so far on court and AQ costs

[mrsfoot]

Hi Zoot, here is the link for my case.

 

Summary:

Trial date for March 16th.

Fast track.

Have received defence.

Have swapped witness statements but nothing on court directions about inspection.

Have received their bundle. I dont have to send mine according to directions.

Have sent CPR part 18 request for further info which they said i would get in witness statement, however the info i requested was not included.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/46576-me-swift.html

 

Mrsfoot

[mrsfoot]

sorry doubled up for some reason!

[Barry Paul]

Barry v Swift (Court date 29-01-07)

 

Hi Zoot

 

Mine has been reallocated to the Fast Track & as my thread suggests I'm in court next Monday 29th Jan 07.

 

My case summary is all in my thread & I would appreciate your thoughts & comments.

 

Thanks

 

Barry

[ladymoonray]

Zoot, thanks for bringing this to our attention.

 

I have an allocation hearing against Paragon on Wednesday afternoon for a refund of my ERC (around £1500), and KJ Boutcher is scheduled in at the same time. I'd appreciate any advice you might have about what we should/shouldn't do there. In view of jamorgan's decision, is it even worth trying for allocation to the small claims track? Should we offer to concede to fast track if they'll stop pressing for multi track? Will we have to pay the costs of the allocation hearing if we do this?

 

Sorry to bother you, you probably have better things to be doing, but I see that we need to tread rather carefully now and I don't know what to do.

 

thanks

 

Kate

[zootscoot]

Hi Ladymoonray

 

No the last thing you want to do is to concede to the fast track. Your claim is well below the 5K threshold and you bought the claim in the belief that it would be dealt with in the small claims track. It is a consumer dispute and you are a litigant in person, therefore the small claims is the most appropriate track to determine yur dispute. Fast track is designed for larger claims where both parties are represented. If they argue that it should be multi -tracked because it affects their business in a substantial way, you should respond that you should not have to bear the risk of them wishing to save the impact on the business. A defeat in the small claims would not set a precedent and could therefore not impact on their business. Remind the court of the overriding objectives particularly the need to ensure the parties are on an equal footing and the case should be dealt with in a way which is proportionate to the amount claimed and the financial position of the parties.

 

The only way in which you concede fast or multi-track is in the event that a no costs order is made against you.

 

A couple of mortgage cases I remember that had an allocation hearing. Sandy v Gmac was allocated to fast track but with a no costs order and Anna v Abbey in which small track was ordered when Abbey requested Multi.

 

Best of luck.

 

Zoot

[ladymoonray]

Thanks, Zoot. We'll go in with those arguments tomorrow and see what happens. Do you think we should take copies of the draft order with us? I didn't attach it to my AQ, as I filled it in ages ago.

 

I'll post on my thread when I get back!

 

Kate

[kennyh]

Hi Zoot,

We're after UCB(Nationwide) for £10,794 plus £224.89 interest.

All letters done and N1 submitted on 10/1/07.

They have notified intention to defend on FRI 19th and according to the timeline spreadsheet this will need to be filed by Feb 2nd.

Currently studying "Harsh letter..." and other parallel type threads.

[maroonfox5]

Zoot and Gizmo

 

Just a quick update for both of you

 

I am going to court on the 1st Feb to procede with my claim .

I withdrew my agreement on Monday this week.

 

Any advice is welcome.

 

Thanks

 

MF5

[ellielou]

Hi Zoot

 

Have been given a court date for fast track hearing sometime in late June/early July.

 

Have forwarded court & Eversheds copy of disclosure list.

 

I need to serve statements of all witnesses by 23rd Feb 07. However, the docs say no party has permission to rely on expret evidence.

 

Pre trial checklist needs to be filed by 18th May 07.

 

And court bunde not less than 7 days before trial.

 

It seems my case seems to be going in a different direction than others - they have not requested it to be struck out, I've not had to attend an allocation hearing - I was just sent a date. I'm not sure if this is good or bad - a bit concerned I may end up paying Kensingtons fee's should they win.

[JULI99]

see abbey mortgage early redemption penalty?

 

I'm claiming £14900 from Abbey Mortgages. Am up to the allocation questionnaire which has to be in by 2nd Feb.

Help

juli99

[zootscoot]

Please read:

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62003-important-erc-claimants-please.html

[01342]

I had a 7 year fixed rate mortgage with A***Y. At the time of taking out the mortgage I also purchased an endowment policy from the same group. 5 years later the group accepting mis selling the endowment to me and compensated me for the shortfall that I faced. Having lost faith with the group I settled up my mortgage and went elsewhere. £4,500.00 in penalties for my troubles. I issued proceedings, my arguement being that as the whole mortgage had been mis sold to me the seller couldn't rely on any of the terms of the contract. We had a directions hearing today at which the Judge bottled it and agreed that the matter should be fast tracked rather than be dealt with in the Small Claims Court, despite the claim being under £5K.

I'm not sure whether to continue with the action.

Any thoughts would be welcome.

[dolly]

If it were me, I wouldn't continue. You are in grave danger of having costs awarded against you now and you can see on this forum the damage it has caused. Zoot has put a sticky up, I believe, on how to go about trying to withdraw with minimum damage.

[01342]

Is it worth appealing against having the matter fast tracked?