12yrs Claimed.6yrs Paid.

[sybil]

Have issued Court Claim for 12 yrs charges,mortgage arrears fees only, acknowledged and defence filed.did not claim 8% interest as this would have taken it over £5000 small claims court limit.

Rec'd letter and cheque to cover 6 years charges.Shall i accept this as part payment and let it go to court, or settle for 6 years but ask for 8% as full and final settlement ?

Any ideas out there.

[mrsfoot]

Accept this as part payment and continue for the remainder. Inform the court you have recieved £XX from the Defendant, but the case will continue for the rest.

Send the accept as part payment letter to the Defendants.

I think you can tell the court you made a mistake when completing the N1 and that you did not apply for the statutory 8% interest, however I think the courts will see it for what it was, your way of keeping it in small claims, but its worth the try!

If it was me i would accept as part payment, continuing with the claim without the 8%.

Hope this helps

[Jacqueline07]

Hi Sybil - well done on progress so far - may I ask who your mortgage was with?

 

Also - have a read round on the Limitations Act - there is lots of info about. (sorry if I'm teaching grandmother how to suck eggs:) ).

 

Best of Luck - keep going - Jackie

[sybil]

mrs Foot,

Many thanks for your input, was kind of thinking along the lines you have suggested, got their cheque for 6 yrs charges so they are on the back foot anyway, although they do the blah blah about 'not regarded as an admission of liability' etc. Have banked the cheque, so nice to get something back, but i don't want to let them off the hook easy, its like they are buying us off on the cheap.There is another £1000 involved to go back 12 yrs total. So far i am letting them off by not claiming the interest.Hoped to do that later as a separate court action after i'd got back all charges,to keep it Small Claims Court.

Have spent days looking through forum/post etc and thought i gotta post this and get some advice about this particular situation.

Have only got this far thanks to CAG and a member who has pm'd me with help,over the last couple of months.

THANK YOU FOR TAKING THE TIME TO REPLY, iT FEELS LONELY OUT HERE SOMETIMES DON'T IT !!

[sybil]

Hi Jackie,

I have just learnt everything from this forum, from the posts, the stickys, the whole thing, i don't know a lot just still learning. Only got this far from swotting up and help from a member.Grateful for any advice. Have followed all advice and got this far. Want to post "WON" at sometime with all details !

Mortgage was with Alliance & Leicester,paid off last year after 30 yrs.( You will deduce from the time span that i am a grandmother but am still on a learning curve ) you never stop.

All charges were just late payments. Not ERC,Not bounced D/D's.Just late !! £50 per month for 2 letters per month, Over 12 yrs off and on.

Have read thread about limitations act but am still a bit confused, hence my request for advice.

THANK YOU.

[Jacqueline07]

Sybil - there is something different about mortgages (than bank charges) in that if the arrears payments etc were paid back as part of the capital of the mortgage - then you have 12 years anyway. Keep reading round (and so will I - I've read it somewhere on here) - I'm sure you'll get that "WON" bit next to your title very soon.

 

There are also a couple of threads in "GENERAL" about the limitations act re: concealment of facts. I'll look later and post again - I'm currently using this with my second claim against Abbey.

 

Best of Luck

Jackie

[sybil]

Jackie,

I remember you, i followed you Dudley Building Soc. claim. Sorry you did'nt win.I really thought you would. It makes me wary of pushing on further with this, though i think the circumstances are a bit different.

I have also been following the A & L Bank Forum posts, they get the same letters, same defence, same tactics as with the Mortgage claims.

I have read somewhere about claiming 12 years, but i can't find it anymore. Have also looked for Limitation Act, but have not found anything re that yet.

This part is getting a bit complicated really need some help with it.

Thanks so much for your input.

Sybil

[zootscoot]

Hi Sybil,

 

If your charges were added to the amount owed on the mortgage you can go back 12 years under s.12 of the Limitation Act 1980.

 

If you paid the charges as they fell due then you are limited to the normal 6yrs and would need to raise s.32 of the Limitation Act either on the ground that they deliberately concealed a fact relevant to the cause of action or that you paid the charges under a mistake.

[Jacqueline07]

See Sybil - I knew someone who knew just the right words would answer:D . The only reason that I lost with the dudley was because they charged £10 in 2000 - if they had provided their breakdown of costs earlier - I would not have pursued this. They listed £12.47 as the cost to them of my direct debit bouncing. This was assuming that someone put a letter in an envelope and took it down to the post office themselves and put a stamp on!!! I questioned this but they swore that they still did this. However, this would not, I don't believe, apply to a larger organisation - so if it costs the Dudley £12.47 - what does it costs a larger org. - much less I believe.

 

Jackie

[sybil]

Thanks Zoot for your help with this. The arrears fee charges were added to the sum outstanding, we never paid them extra when we sent the monthly payments. In their defence which they filed they quote "section 5 of the Limitation Act 1980, charges incurred by the Claimant prior to 2001 did not arise within six years before action was commenced and are statute barred." From your post i believe they are wrong and can claim back 12yrs under s 12 of the Same Act.

Am sending them a letter stating i will accept the 6 years payment that they sent as part payment but not as a full and final settlement and will continue with the court action until the balance payment of the claim is received.

Shall notify the County court tomorrow of payment and take a copy of their letter and my reply.

As its small claims court, ive paid the fee, got a part payment there is nothing to lose is there ???? COMMENTS PLEASE.

Are they hoping we will just cave in when we get something back ?