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    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
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Accord redemption penalty


Koos
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Hi there,

 

We are going to pay Accord an £5900 ERC on Friday. We only have 2 months on the deal left. We have tried everything from porting the mortgage to moving it to another property but all Accord see is an easy £6k.

 

Do you think it could work if offer to pay them all the interest till the deal ends in return for my ERC? The 2months interest will be around £1000 and I think that will be a fair deal? Or could I take them to the small claim court for £5900 minus the interest which will make bring total under £5k?

 

Thanks for your help!

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Hi Koos,

 

Its worth trying to negotiate with them although be prepared for them not willing to budge.

 

If you do payout and intend to claim it back make sure that it is made clear at the the time of the payment that you are paying under duress and intend to claim the money back through the courts.

 

Best wishes

 

Zoot

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Koos

 

It is definitely worth trying to negotiate a reduction. There is a view that the ERC is to compensate for any loss they might have for early leavers. Given that an offer of the interest for the 2 remaining months would mitigate any loss they would have in those last 2 months there is possibly a chance they would accept. It might be worth asking your solicitor to negotiate the redemption although in my experience they tend to only be interested in doing the basic stuff a solicitor needs to do when there is a sale. In my daughters case the solicitor didn't find some basic errors in calculations and just took Accord's word for the amount owed.

 

Are you moving house or selling up? I guess in any case Friday is the completion of sale date so not much time to negotiate in. As zoot says if ERC is paid include the duress bit and ask solicitor to include it in the correspondence to Accord.

 

My daughter paid an ERC of a similar amount which when the situation is clearer will be worth getting back. Currently trying to get them to repay charges - http://www.consumeractiongroup.co.uk/forum/mortgage-companies/84157-mortgage-account-charges-long.html

 

 

Good Luck

 

S

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Koos

 

How did you get on?

 

S

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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