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Ni Claim Form-advice Please


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Am Just Filling In Ni County Court Claim Form. Claiming For Late Payment Charges On Mortgage Account Going Back 12 Years. Have Used Templates From Library Have A Few Queries If Someone Can Help Please.

1. Where Asks For Value..page 1

Have Put Total Charges Xxxx

Interest Under S 69 County Court Act 1984 Xxxx (as Per Spreadsheet Calculation)

Court Fee ?

Total Nothing Entered Yet.

 

Plus Interest S69 Etc As Quoted On Template

 

Query- Charges Total £4000, Interest Over £1500 Makes A Total Of Over £5000. The Court Fee Under £5000 Is £120 Over £5000 Is £250. Am I Claiming For Just The Charges Or The Charges Plus Interest Which Takes It Over The £5000 And The Court Fee Is £250 ???

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Ok who is the mortgage with?

 

If they have legal indemnity clauses I personally would keep it under the 5k to make sure it stays in small claims (others may disagree with me)

 

If you dont add the interest your claim is under the 5k limit and your court fee box would be £120.

 

Also as you are claiming back further than 6 years they may try to invoke statute of limitations act. I am not sure if S.32 covers mortgages I think it does (I know it covers banks and credit cards) I would advise researching this thourougly before hand though. Incase you need to rely on it.

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Hi,

Have recently joined this site.What an education i`ve had over the last month ! Have followed instructions and done FAQs bit, read lots of case histories and generally swotted up. I have had a lot of initial help, before posting this from Philip Hindley who won his case with Alliance & Leicester for penalty mortgage charges.My husband incurred charges at the rate of £50 month for many years due to his 1st marriage break up. By the time we met and married it was £400-£500 per year. in 2006 he paid of the mortgage, balance being £7500, total charges approx £4000 included in this amount over the years. He had to work an extra year past his retirement to pay this off. He now suffers with ill health and he has not been able to enjoy his late retirement. The extra year would have been beneficial. Alliance & Leicester not only took his money they took his precious time of life.

 

Am now ready to do battle. Wanted to run this past the list before i continue.Don't want to make any mistakes.

 

Feb sent Data Protection Act 1998 Subject Acess Request to Alliance & Leicester. ( As per quoted by BankFodder.)

March rec'd complete list of charges/statements back to 1995 as requested.

Have now got ready to send Prelim letter mortgage charges. Just totals to be added. (As per Zootscoot.)

Have downloaded and started to fill out Microsoft Complex bank Charges spreadsheet. Have I got the correct one here ? Do i send this one with the interest calculated or do i delete this column ?

The Prelim letter refers to contractual rate of interest, is this the same as calculated on this spreadsheet, it lists 8% in the heading column.

Sorry to be a bit thick about this, have never done a spreadsheet in my life, spent most of the day getting to grips with it, just a bit nervous about getting it right.!

 

Ok just found your old thread!

 

If you want to go the full hog claim the charges and the interest and yep the fee would be £250 (again you can claim that)

 

I am in no way trying to dissuade you but please make sure you have researched everything and know it all inside out. Mortgage companies can be tough cookies

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/52020-mortgages-faq.html

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/9971-yes-yes-yes-first.html

 

try and keep to this one thread update it and we can keep helping you the whole way through. Also means if anyone else wants to give a helping hand they can see all the history:D

 

 

Zoot? Gizmo? any more suggestions you guys are better at this than me!

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Zoot? Gizmo? any more suggestions you guys are better at this than me!

 

No I think you have just about covered it. I'll merge the threads so all is together.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Thanks for your replies and resorting my thread.Was worried about going out of Small Claims Court as with interest added would have been over the £5000 limit.

 

If i file N1 as follows-

 

Page 1. Value- Charges (over £4000)

Court Fee £120

Total... £4120

 

Leave out - Plus interest pursuant to S69 etc.

 

Page 2 .Particulars of Claim.

 

As per Templates for MCOL.

(Claiming 12 years because these were added to the mortgage account)

 

The Claimant claims amounts debited, xxxx

Leave out interest charged section.

 

Have read as much as possible from Forum and Threads FAQs but it seems like a minefield, Ready to give it a go though.

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It seems like a minefield but luckily on CAG there are maps to guide you through.

 

Good luck

PPMAN159

 

If this comment has helped please click on the scales.

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Sounds like you have it sorted Sybil!

 

Read these threads for a bit of inspiration. They are slightly different to you but well worth a read for Morale!

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62576-partypip-birmingham-midshires-erc.html

 

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

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/34658-tamadus-abbey-erc.html

 

Good Luck, keep us upto date:D

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  • 3 weeks later...

Have Alliance & Leicester Mortgages filed defence in any other action. Can't find any mention of such on forum.

Defence has been filed with County Court by Alliance & Leicester. I am claiming back arrears fees, not ERC, or bounced direct debits just late payment charges.

Shall i post defence on forum or pm a mod ?

 

Sybil

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