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    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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    • We have finally managed to obtain the transcript of this case.

      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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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Debbie v GE money and London Mort Co.


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Hi,

i recently sold my property after a period of financial difficulities.

The London Mortgage company had a second charge and took 4k in ERC charges. Apparently they have a 9 year ERC period and i was almost into the 6th year. Having read many threads on here, i gather that i wont be able to recover the early redemption fee back?

However, both lenders - GE Money (1st charge) and The London Mortgage Company have levied many fees on to the original mortgage loans. Fees for letters, legal letters etc - we got into arrears on both loans and were making additional payments but the fees and costs levied means we had not paid anything off either loans and paid back more on both than we had originally borrowed!

So, i would like to claim back any unfair or illegal charges....and i don't know where to start. I am prepared to take it all the way - not just for me but for all others in the same boat. Surely we have to stop this? I accept my financial difficulties were my responsibility but that was made so much worse by these massive charges. To the point that the only way out was to sell up and get away from both lenders.

Thank you - any help/advice will be gratefully received.

Debbie

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Hi Debbie,

 

First thing you need to do is to send a SAR see the templates in the bank templates library but adapt the wording to apply to a mortgage rather than a bank account.

 

9 years seems a long time for an ERC to be applied. Could you give a little more details on this second charge. Was it over 25K? How was the ERC calculated. Was it on a discount, fixed rate or variable deal?

 

All the best

 

Zoot

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Hi

thanks for your reply.

I have sent the SAR letter off by fax and post to both GE Money and The London Mortgage Company.

I have requested that they also send me a copy of the original mortgage contract signed by me etc.

I will be back in touch as soon as i hear back from them.

thanks again for your help and advice.

Debbie

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  • 2 months later...

Hi

I have received a massive pile of paper work from GE Money. It is the history of our mortgage account with them. It seems everything is there barring our original contract that we signed (i did request this).

I don't honestly know where to begin to unravel all the charges. All i can say is that it appears we paid some 60k over 5/6 years but the amount that was paid upon redemption was only about 3k less than the original loan! There are fees, fees, fees, added and added.

Is there anyone who acts as a consultant available? That i could engage to wade through this paper work with/for me? I just cannot see that i will be able to understand what exactly i am looking at, what i am entitled to claim back (if anything).

Help please!

Thanks

Debbie

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hi Debbie

 

We dont recommend using a consultant or company as this can prove costly, up to 75% of the money you claim back!!

 

It is a really easy process, so please dont worry, we are here to help and support you.

 

First of all use this rule of thumb to decide which charge can be reclaimed:

 

"if it has been added to your account because you have breached a term in your contract, e.g missed a payment, then it can be reclaimed"

 

Ok so now the next steps:

1. Buy a nice bottle wine

2. Clear the dining table and your evening duties

3. Open the wine and have a glass.

4. Put your transaction history (what shows payments / charges etc) into date order.

5. Use a hilighter (pink works for me!) and hilight each charge using the rule of thumb above.

6. Place all hilighted pages to your left, non hilighted to your right and raise your glass you mouth for a slug!

7. Using the hilighted pages enter the information into a spreadsheet. Find the spreadsheet using this link. Add the date, what they have called the charge and the amount in the relevent columns.

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html

8. Have a well deserved glass of wine and print out the spreadsheet. Make sure you save it to your pc too!!

9. Write your prelim letter (see link above for the template) and send this with your spreadhseet via recorded delivery to GE Money

10. Finish the bottle and sleep!

 

Hope this helps, ill monitor this thread and try to answer any other queries you have.

Oh and write to GE and tell them they have missed out the copy of the contract...tell them how many days they have left of the original 40 alowed by DPA SAR and you will enforce legal action if this is not sent to you before the end date.

 

Mrsfoot

  • Haha 1

 

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Hi

thank you so much for your advice and help. I have written the letter to GE Money requesting a copy of our original contract etc. Tomorrow, i have more time and will crack open the wine!!!.... and sort out the charges etc.

Which letter in particular do i use to request payment from G E Money?

thank you again, Debbie

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Hi Debbie

 

You send the prelim letter first. This can be found folowing the link i gave you on my first post.

This will ask nicely for the charges back and state what reasons you are suing to reclaim them. Make sure after you have completed the spreadsheet that you read all you can on the unfair terms in consumer contract regs and understand wht it applies to your case. Also read the OFT report, also found in the link and see how that applies to. It is really important that you understand why you are doing this.

Good luck with the wine lol

 

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