Withdraw Claim Against Ge Money??

[Rebecca Bloomswood]

After months of careful research, I launched my claim for repayment of ERC last November (nearly 8,000 GBP). I worded my claim with great care, paid the fee and have just received Acknowledgment of Service. In your opinion, should I withdraw now, before I get to the AQ stage or continue, knowing the risks. If I do withdraw now, will I be liable for Eversheds costs to date?

 

Thanks in advance..

[Rebecca Bloomswood]

Please can somebody respond. Should I wait until the outcome of the FSA thing on 28th or send Notice of Discontinuance NOW? I am only confused because it is not a new claim as such - it is cought in the middle, so to speak.

[mochamoo]

Hi rebecca,

 

Take alook at these threads:

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/31068-paul-accord-9.html

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/23439-teddea-kensington-withdrawn-no.html

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/49736-stroud-swindon-erc-withdrawn.html

[Rebecca Bloomswood]

Thanks so much for your help. I have read the threads with interest. I am going to think, sit and wait - maybe for divine intervention!

 

The one thing that keeps coming back to me though is that my ERC arose when it became clear that we could not continue to live in the house and our only option was to sell. That was a tough decision anyway but, resultantly, we have nothing. Nada. Zilch. (except sanity and dignity... just)

 

Having nothing, however, could be in our favour. That and the fact that we no longer reside in England (or Europe for that matter).

 

If I lose and costs are claimed against me, how would that work? I have bugger all to pay it with! A CCJ wouldn't affect me in any way shape or form and, the way I feel right now, I would HAPPILY go to prison if it meant justice for everyone else.

 

I'm not living the life of Riley, but I'm glad be to be as far away from the British 'Justice' system as I can be. I hate Britain. I hate what it has done to my family and I never, ever want to go back... but I would - for a court case!

 

I am happy to be a martyr to the cause, if necessary. I HAVE NOTHING TO LOSE..

[mochamoo]

Good move! I wouldn't be a martyr I would wait till be have sussed out how to beat the mortgages companies to the ground and then join in!!!

 

Whre are you living now? Hopefully some where warmer and drier:D

[Rebecca Bloomswood]

If I withdraw my claim, do I approach GE Money first, or simply send off the N279, please?

 

BTW Mochamoo.. I am somewhere warmer, drier, cleaner, cheaper... the list goes on!

[Rebecca Bloomswood]

As an afterthought, does anyone know if I can amend my claim from 8,000GBP to just the 200GBP exit fee please? If I can claw the 200 quid back without going through the whole process again, that would be better than nothing.. Any thoughts , gratefully appreciated.

[mochamoo]

When withdrawing approach the mortgage company. I know you can get a "stay" but I am not sure how long they last and I think you have to have a reason such as awaiting a test case (or being overseas) Do not quote me on that!

 

Ask some of the people who have withdrawn and find out what they wrote, there was a letter on here but it has vanished.

 

Also I think again do not quote me you can just write to your mortgage company about the exit fee and quote the fsa.

 

Sorry quick response- in the middle of cooking dinner-

 

Will see If i can dig up more for you later

[paulpb123]

Rebecca,

Take the advice on this site and withdraw as best you can. But don't do it without negotiating with Eversheds first or I think you will automatically be liable for their costs. Send Eversheds an email stating that you will withdraw your claim with immediate effect on the understanding that you will incur no further costs. Wait your time...it will come.

Best of luck,

Paul

[Rebecca Bloomswood]

"Thank you for your letter of xxxxxx 2007, which I have just received, advising that the Acknowlegment of Service has been filed at Court.

After careful consideration, I have decided that I may not wish to pursue the claim any further. I will withdraw my claim with immediate effect on the understanding that I will incur no further costs. As soon as I receive confirmation, I will send Notice of Discontinuance to the Court by return."

 

Will this be ok, please?

[zootscoot]

Take a look here for a good example:

 

http://www.consumeractiongroup.co.uk/forum/post-547955.html

[Rebecca Bloomswood]

Thanks for that.. I had already considered writing to the Court to amend my claim and limit it to under 5,000 GBP... I have re-thought the strategy and wondered if anyone could comment on the revised version of my proposal...

 

"Thank you for your letter of 15th February, which I have just received, advising that the Acknowlegment of Service has been filed at Court.

After careful consideration, I am writing in accordance with my duty under the overriding objectives to continue to seek settlement of the case without the need to invoke the time of the courts. In recognition of the fact that you will incur some costs on the closing of the mortgage and in the interest of acting fair and reasonably I am willing to offer your client the chance to settle at 4,000GBP (four thousand pounds), being just under 50% of my original claim.

I sincerely hope that this matter can be resolved without the need for litigation saving the Court's time and resources. This offer will remain open until 28th Februrary 2007

[zootscoot]

Looks good.

 

If they refuse you can always ammend your claim form you would need to do this as a formal application using N244. There is a link to the form in the bank template library.

 

Although this will not guarantee you will be allocated to the small claims.

[Rebecca Bloomswood]

Thanks Zoot and all the other posters... I have just added that I have sent hard copies to them (Eversheds) and the Court..

 

Thanks for your advice and support.. I can't tell you how much I appreciate it.

[Rebecca Bloomswood]

Oh well.. I've fired the letter off now. Just wait and see what the response is. In the meantime though, when I redeemed my mortgage last year, GE Money 'couldn't find the original mortgage agreement OR the deeds to the house'. Would this be helpful if it ended up in court? The other thing that haunts me to this day is that when I first took my mortgage out, at the eleventh hour, a representtive from iGroup phoned me and said that the interest rate would have to be slightly higher because of my credit rating. They had been aware of my credit rating from day one but I was powerless to do anything or we would not have been able to purhase the house. I don't have any proof of this but would swear under Oath that this was true and I remember the feeling of injustice too clearly. The difference in the rate was 0.25% but with the subsequent rises, I could well have done without it. I would love to know if this is a common tactic and, if so, what can we do about it???

[Rebecca Bloomswood]

Oh well.. I've fired the letter off now. Just wait and see what the response is. In the meantime though, when I redeemed my mortgage last year, GE Money 'couldn't find the original mortgage agreement OR the deeds to the house'. Would this be helpful if it ended up in court? The other thing that haunts me to this day is that when I first took my mortgage out, at the eleventh hour, a representtive from iGroup phoned me and said that the interest rate would have to be slightly higher because of my credit rating. They had been aware of my credit rating from day one but I was powerless to do anything or we would not have been able to purhase the house. I don't have any proof of this but would swear under Oath that this was true and I remember the feeling of injustice too clearly. The difference in the rate was 0.25% but with the subsequent rises, I could well have done without it. I would love to know if this is a common tactic and, if so, what can we do about it???

 

 

Any comments, please?

[Rebecca Bloomswood]

Bump..

[Rebecca Bloomswood]

Any comments, please?

 

Pretty Please!

[mochamoo]

Unfortunatly I do not think there is anything that can be done about. I read a thread on here recently about something similar. I will see if I can find it for you.

[mochamoo]

cant find it. Ive read every single thread in this section and to go through them all to find where it was would take forever !

Could try pm'img zoot but she is so busy at the moment plotting and planning our next move that I am loathe to disturb her.

[Rebecca Bloomswood]

Mochamoo... thanks a million for responding! I, too, have read that many threads, I don't know whether I'm coming or going! I do remember reading something similar.. Les's deeds were lost, I think...

 

The other thing that I did briefly discuss outside this forum is whether the loan companies had any obligation to prove their losses. A solicitor friend of mine is sure that they (mortgage companies) would be on very sticky ground here as one could argue that there is NO loss in the sense that as soon as one mortgage is repaid, the money is "re-lent".. do you get my drift? If they had to prove their losses, wouldn't they have to show that the money they lent you was sitting dormant not earning interest???

[David vs Goliath]

Hello I am new to all of this (3days) after finding this site on google. I posted a comment yesterday on Zootscoots thread about safety in numbers. I would also like to say that I'm starting to feel the same way as you are about this subject, at the moment it seems taboo to speak about it. I just have a feeling that pretty soon someone maybe the gov is going to put a stop on all this and say it's now to late to redeem anything back. Dose anyone else feel like this?

TL

[Rebecca Bloomswood]

Your name sums up the whole battle! I don't know where everything will go in the weeks ahead.. I can't see the Government intervening AGAINST the citizens.. (well, I wouldn't put anything past them!) There would be public outcry! If anything, the Government should issue a directive telling banks to pay EVERYONE back from whom they have taken money unlawfully without all the fuss...

[sammyjammy]

There wouldn't be a public outcry because 90% of the general public don't give a damn I'm afraid, thats the trouble with this country - every man for himself, but thats another story ;-)

[Rebecca Bloomswood]

Had response from Eversheds saying that they have passed on my proposal to their client... the wait continues...