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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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


zootscoot
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I know the advise is not to claim for early repayment fees at the moment due to the fact thay we may get stung for costs against us, I am in the position that I would get legal aid,does the group think it would be an idea to pursue it in these curcumstances ? It would mean that if they fight it all they way we could end up with a good test case, as would be willing to appeal etc and go as far as required. at least then we will all know for def it its worth doing anything about. On one of my mortages if we settled two months later we would have had no repayment charged but by doing so sooner (had no choise) we got stung for £4,600 , that does not seem fair.

 

I doubt very much if the LSC would approve legal aid for this, and also legal aid is not free, if you lose and have to pay charges LSC will put acharge on your hosue and add 8% interest per year. Course if you win other side would have to pay, but what we have seen so far that is not going to happen in near future.

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Following three recent defeats with ERCs:

 

 

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

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/19662-maroonfox5-mortgage-express-lost.html

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/36778-charbydis-platform-claim-struck.html

 

It is recommended no new ERC claims are made.

 

The mortgage companies have greater litigation departments and more experience of litigation than the banks and are not going to back down so easily.

 

All fast trackers should withdraw their claims to avoid incurring further costs. Try negotiate out of payment of costs to date. Make an offer to withdraw conditional upon on them not pursuing costs.

 

All those with small claims should also consider withdrawing but should also be mindful of the fact that they are liable for costs incurred pre allocation and therefore they may be better off continuing to trial.

 

Also small claims claimers should also be wary if there is a legal indemnity clause in the contract as mortgage companies are enforcing these to claim their legal costs.

 

Other mortgage charges:

 

There have also been 2 defeats on other mortgage charges:

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/36778-charbydis-platform-claim-struck.html

 

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/59031-barry-swift-court-date.html

 

Charbydis because 15.00 was deemed resaonable. Barry Paul because he was unable to prove the charge was a penalty. Claimants should be aware that the burden of proof is on them to prove that the charge was a penalty.

 

In addition you should also be wary of the mortgage indemnity clauses in the contract. This can make you liable to pay their legal fees for defending your claim and is likely to be more than any charges you have paid.

 

 

just spotted this, I am not claiming erc but am about to claim a 'mortgage indemnity fee' charged on a secured loan, is this risky, does it mean this could be a problem of some kind, I thought I had a cca (less than 25k) also I have accepted a part payment (approx 50%) from GE on penalties, is it worth pursuing them I wonder,they are adamant they will defend??

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Guest willowb

I've got to go now, but I'll try and help later.....at least now if anyone has any expertise in these areas they have links to your threads to help you.

 

Wxxx

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thanks willowb, we all have real lives even if blighted by unfair charges! I have had lots of help with how to go about my claims but in the light of this erc situation, which may not affect me at all, I am just rechecking. have a good day.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Ok I am very new here - today - but what has happend when claimnats have gone to the Financial Ombudsman?

 

Why not try this risk free route rather than straight to court?

 

Has the FO issued rulings in the past ?

 

Thanks

 

I am considering a claim based on NatWest's calculation of the ERC. They are using THEIR current (dec 5.19%) 2 year fixed rate offer to base their calc against the rate in my fixed rate deal. For when I redeemed my mortgage in Dec .

 

I see this rate as a simple loss leader to get new customers - not the true costs and they also have a £499 product fee which is a way of keeping the rate artificially low.

 

Thoughts please

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I have just sent my complaint off to FLA re indemnity fees, hopefully this will be investigated with a positive result, nothing ventured and all that:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Zoot

I need help, as my case is finnished in the fact that we have sold our house I need to work out an application in the high court to get the mortgages cost assessed like we are having the solicitors cost assessed we have all matteres reserved to a single Judge so to have these costs assessed is the least expensive way to make them come up with how they arrive at their figures and if they are reasonable etc, but I'm not sure how to ask for that can you give me some advice or any one we know that the Solictors have overcharged us by thousands and we will get some back but it would be nice for the mortgage company to have to give us details like the Solicitors are doing, there defence is that the proceeding have finnished but I have reserched this and untill the case is dismissed from the court by a Judge it is not finnished

 

Any Idears

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Are we still holding off appealing against ERC's ?

 

I am buying a house at the moment, and the seller has an ERC of around £4k. I did mention that I heard this cannto be forced upon them, but it seems this thread says otherwise. Looks like the lenders have got heavy and us minnows will feel their wrath.

 

So still a no go is it?

Or any advice you could give me, that I oculd possibly help this chap with?

 

Cheers folks.

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If they've not paid it yet there is a chance they can negotiate out of it.

 

There is a thread here:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/44835-g-mac-early-redemption.html

 

Although I would advise against taking court action for recovery. There may also be a chance they could hold up the sale if they dig their feet in!

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I see that although these cases that have failed some people have got some form of settlement.

 

Is it worth sending a prelim and an LBA but not filing the claim if they dont reply to the LBA?

 

Surely this has nothing to lose? They might give a partial offer?

 

Worst case you have sent 2 letters? Nothing to lose?

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I see that although these cases that have failed some people have got some form of settlement.

 

Is it worth sending a prelim and an LBA but not filing the claim if they dont reply to the LBA?

 

Surely this has nothing to lose? They might give a partial offer?

 

Worst case you have sent 2 letters? Nothing to lose?

 

May I ask what an LBA is please?

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Read the FAQ's first LBA is Letter Before Action - step number 3

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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I've been away and just logged on to read the bad news and very confussed on what to do next???

I've got two claims for ERC and exit fees - one with northern rock and the other with halifax.

I received a hearing date today against northern rock and the judge refused their application for a telephone conference on the other habd, i received a letter from halifax solictors asking me to drop the case and no fees will be claimed they also attached extracts from this website showing the news above.

 

Not show what to do now?

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Guest willowb
they also attached extracts from this website showing the news above.

What the?:eek: they admitted to that? I mean I know they must be monitoring in some form to to be so blatant about it when they're not supposed to be?????

 

Can you link your threads for Zoot or Gizmo to have a look?

 

Wxxx

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yes attaching extracts is cheeky but it is a public space, I am sure zoot or someone will be able to assist, remember you can PM the mods if nec.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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in light of recent frightening events,I've just had a bit of a result.....I can't go into too much detail,but I have been able to settle out of court for £1000 out of a £4200 ERC claim.

 

OK,it's not ideal,but it's better than going to court,losing and getting beaten around the head with a horrendous costs bill.....

 

more details as and when I am able.

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in light of recent frightening events,I've just had a bit of a result.....I can't go into too much detail,but I have been able to settle out of court for £1000 out of a £4200 ERC claim.

 

OK,it's not ideal,but it's better than going to court,losing and getting beaten around the head with a horrendous costs bill.....

 

 

It certainly is! Fantastic news Licky!:D

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In our case the defendants defence advises us that " The additional interest payable on early redemption was a payment on a contingency". Does this place the case outside of Gizmos advice that " They don't have to be a genuine pre estimate of losses as they are not a penalty for breach of contract - they can charge what they like - from 10p -£100k it is an explicit term in the contract for exercising your right to redeem."

Do we have a right to have the 'contingency' in question, identified and costed under disclosure rules (The sum is over£10k and we have to have the AQ in by the end of this week if the parties decide to go forward; and YES I have conveyed everyones' advice to quit!)?

An urgent response would be appreciated - I had lost sight of the 'no penalty then they don't have to justify' bit.

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