~~~**IMPORTANT** Mortgage Claimants ~ PLEASE READ ~~

[Guest Zooman]

Stop and read the advice, Zoot knows what she is on about listen.

 

 

WITHDRAW AS BEST YOU CAN

 

 

The risk is huge, litigation is about a balance of risk the balance is not in your favour.

[martin's little pupil]

Hi,

Can someone just clarify then if the exit/sealing fees that Martin Lewis MSE site, is been going on about over the last few weeks still ok to claim or not???

 

Thanks!!!

[smarmymarmy]

Hi ! I actually reported Birmingham Midshires to the FSA, then put in a SAR request. Had a letter by return offering me £782.00 as 'goodwill' gesture. Have not yet received list of charges as per SAR request, so have accepted as an interim payment. sent letter yesterday, so let.s see what they have to say. In the light of Zoot,s advise I may be forced to back down.

[Will Scarlet]

A very interesting thread...this was never going to be easy and in fairness, the mortgage companies legal teams have now achieved exactly what they set out to do. I'm sure they will be reading this with smug grins on their faces. It just goes to show that if you want to play with the big boys you HAVE to know exactly what you are doing. This is not a game, this is legal action against a multi-billion pound industry. Of course they're going to fight back and unless you've spent the last 30 years in a court-room learning all of the tricks of the trade you will be like a lamb to the slaughter. Tread carefully my friends, the consequences could be huge.

[kennyh]

If N1 has been issued but due date for return to court is not yet reached then

a. should we bail (it would go to Fast Track) and if so exactly how? or, as someone mentioned earlier

b. place any action on 'hold' and if that is an option just how do we go about exercising it?

Sorry to be so blunt but - YES we have been told and now with MF5 down the tubes things is looking decidedly 'wintery'!

[kennyh]

Thanks Karnevil,

Understood, however there has, as yet been no response (due Friday) to the N1 - should I just write to the Mortgage Company?

[kennyh]

Oh and bye-the-bye; if they turn 'bloody minded' and hit us for significant costs are we allowed to ask them for full justification (is it 'taxing' or zummit like).

[Guest Zooman]

the general rule of thumb is if you discontinue you are liable for costs to that point, I afraid they is no getting out of it.

 

as a second rule of thumb cost hearing are not cheap, and are hardly ever worthwhile unless there is considerable amounts to be saved.

 

I would strongly advice everyone whom is bringing a claim against a mortgage company to discontinue today, the longer you leave it the more the costs will go up, this is unavoidable.

 

At a first attempt I would try to have a agreement with the lawyers for no costs, but this is hardly likely to happen in most cases, irregardless of the lawyers position you need to discontinue trying to delay things and bluff will only add to costs.

 

You need to withdraw today not tomorrow or the day after, the risks are far to great, and I do not see anyone winning in court.

 

Fight the issue of costs tomorrow but for today, stop them getting any higher.

[lickthewallfatboy]

are you liable for costs even if a case has not been allocated?

[Guest Zooman]

yes

[lickthewallfatboy]

is a defendant likely to agree to waive costs accrued up to a point,and what is the best way to approach this?

[Guest Zooman]

I can not guess what a defendant would do, the answer is sadly it is down to the defendant, I would expect a discount for risk though.

 

But at what leval do they feel worthy of the discount I do not know, Zoot been at them for a long time, maybe she has seen a patten.

[JULI99]

Is there a way of putting the case on hold so that you could come back to it a later date if circumstances change?

 

juli99

[Guest Zooman]

yes it called a stay, and you would need a good reason (such as a test case) to ask for one, and even then it can not last forever.

[Longleigh10]

Zotscoot, my claim is for £5k, defence not due to be submitted till 28/2/07 by sols. hence no track allocation as yet.

[zootscoot]

Zotscoot, my claim is for £5k, defence not due to be submitted till 28/2/07 by sols. hence no track allocation as yet.

 

Withdraw now before they run up any costs.

[paulpb123]

Please, please, please listen to what Zooman is saying, here and on other threads. I don't agree with his suggestion that our claims are without merit and this is certainly not about fostering a litigous culture, like in America. I don't want something for nothing, I just want my bloody money back! We genuinely believe that the mortgage companies are imposing unfair and disproportionate penalties - and that is not the same as suing a cafe because you got burnt by a hot cup of coffee. But at the present time and in the present climate, listen to the advice. Things will change. They really will.

Paul

[martdj]

I think we should all write or e mail our MPS the FSA etc to urge them all to look at these matters urgently as most of us are in no posituion to pay huge costs but stiil beleive that the mortgage industry is taking us all for a ride

[Bona]

see my thread re costs and small claims perhaps you could get an email in

Bona

[thehomee]

Hello All. Now I am completely confused! I started MCOL with Northern Rock for ERC in January and they had until 4th Feb to defend. They have still done nothing. Do I go for judgement by default or do I pull out? If I need to pull out, how do I do that and will there be any costs?

Thanks

[Guest willowb]

I think it's a case of negotiating with them, if you inform the Court directly that you are stopping the claim then you are liable for their costs unless it has been allocated to small claims track. You need to read around to make sure that's right before you do anything, I'm NO expert.

 

Wxxx

[thehomee]

I would negotiate but they haven't even acknowledged the claim yet and it is 4 days since their time ran out to do so. Also, as it is MCOL and under 5k doesn't that mean that it is already smal claims?

Thanks

[zootscoot]

No allocation is not automatic. You have to be notified by the court of allocation.

[mattfromnotts]

I have read carefully the above advice and have a question - I have yet to hear the initial response from Halifax from my 14-day letter re ERC. As far as I can see I have nothing to lose by continuing to negotiate up to the point where I have to put a claim in. As the claim is small compared to a lot of other cases on the site (under £3k) and the claim is not against a specialist mortgage company but a bank, is it still worth issuing a claim in the small claims court? If costs cannot be awarded against me, what is the possible disadvantage? Especially considering Zoot and others have already won full compensation from Halifax for the same thing?

 

matt

[thehomee]

I still don't know whether I risk any further costs by continuing - anybody know? Ta.