Pen-V-Abbey

[mrsfoot]

Hi Pen

 

Let them take you back to court. Then present your case to the Judge with regards to costs. I would put it together something along these lines:

 

"Your Honour as you are aware from the paperwork you have there have been 6 occasions where the Claimant (abbey) have brought me to court for a repossession hearing. At each hearing the Barrister attending had forgotten to bring "important" documentation,l eaving the hearing to be adjourned. However it has been brought to my attention that they have applied litigation fees for all 6 hearings. I would like to contest the application of these charges. The reason I contest them are it was not my fault the barrister did not bring the correct paperwork yet I am the one being penalised with added charges.

I put it to you that due to the Barristers errors I have now ltitgation fees of £3000 plus further costs today.

With regards to todays costs I also ask for them not to be applied. I have complied with the order dated xx/xx/200x in which I had to pay £xx on top of the mortgage payments. I have the evidence to show this has been complied with on my part (make sure you take copies for the Judge and Barrister, ideally it shoud be a mortgage statement or bank statements to show all the payments) yet we are here again because Abbey do not want to comply with the order dated xx/xx/200x and want more money, een though my payments have been increased to cover the interest rise of xx/xx/200x"

 

Be prepared with all paperwork in correct order and enough for you, Judge and Abbey. Dont let the Barrister talk you out of bringing it up to the Judge.

 

Good luck

[mrsfoot]

Congratulations Pen, I am so happy that you won your claim. You really deserve some luck.

 

When the letter arrives read it carefully and if in doubt over anything please feel free to contact me and Ill help as much as I can

 

Well done again, hope a small amount of your claim is being donated to this wonderful site. Oh and dont just disappear, you are a winner now and can help others with your expertise and experience..see you around!

[mrsfoot]

Hi Pen

 

I have looked for Disposal hearings and got this information. I take this is for them not complying with SAR. If it is not then I apologise for mis reading and ask you to tell me why the disposal hearing has came about.

 

Anyway

The disposal hearing is set for the Judge to make directions. These can be:

 

To order more details or documents in order to help the Judge make a final decision

or

Decide how much the Defendant has to pay you.

 

The Judge will decide on which of the directions above to take using the following guidleines:

1.The amount being claimed

2.Whether the Defendant is likely to dispute the amount claimed

3.Whether the Judge feel there is sufficient proof in the paperwork to make a decision.

 

However it is unlikely for the Judge to make a final decision unless the amount you are claiming has been sent to theDefendant at least 3 days prior to the hearing. So I would suggest you send (by recorded delivery) the total amount you are claiming for the 29 years you were with the bank and show that evidene of delivery to the judge.

Do this estimation by trying to find out how much was taken in charges in any given year then multiply by 29.

If in the mean time you get the statements you then have the evidence.

 

In my opinion the Judge has done this disposal hearing to push the bank along. They will have received the same notice as you. They will now be looking at paying out 29 years of money due to them not complying with SAR. You will probably find that they will contact you with the amount opwed and make a payment before the hearing.

Whether you take it or try your luck with the disposal hearing will be your decision.

 

Hope this helps. If you have any queries please feel free to ask

[mrsfoot]

Hi Mrs Foot,

yes, that was the impression i got at the directions hearing, which would make sense.

 

The problem I have with it is this. When I filed my N1 and POC I left the amount to be awarded for the judge to decide but started it would be under £5,000 as it had to have some monetary value so the case was allocated to the small hearing. I was fine with that and at the hearing I attended I just presumed the judge would make a award under this amount.

However she didn't and she knew about my case for claiming bank chargers that's why she changed the Disposal hearing to a directions in order for me to estimate my whole losses over 29 years. She said hopefully the bank will have supplied me with my information before the final directions hearing, I asked what happends if they don't and she said if they don't i will get what I am asking for. Is this on the directions she made? Did she say it out loud? If she did I would suggest writing to the court it was heard at and apply for a transcript of the hearing. It can csot between £30-£200 but it maight be worth it if you have to argue what she has said.

 

If I do this and based on the claim I have just won for 13.5K for 5 years I estimated my claim would be in excess of £50,000 she is unlikely to award that in the small claims track, but I have read that at a directions hearing the judge can change the track. She can change the track. Just remember costs are liable in ALL cases although in the small claims it is highly unlikely. The costs at fast track are limited to £500 max with an extra £250 for the use of a solicitor. So the most you would have to pay if you lost your case would be £750 in fast track. In multi track ths costs are unlimited. However dont forget you usually only pay costs if you lose the case, or they have an indemnity clause in the contract you had with them (see mortgage forum for more on that, I think its in the stickies)

 

The bank have just paid me a total of 13K in court. they cannot supply me with my information, so based on that award I could estimate my chargers for the whole of the 29 yrs, I am unsure as to how the banks could disagree with this estimation. If the Judge changers the track I could be liable for chargers, what a dilemma

 

Why cant the send you your information?

I want you to have a look at this link http://www.hmcourts-service.gov.uk/infoabout/claims/fastmulti/index.htm

This will give you a better insight into the fast and multi track system for you to be able to make an informed decision.

Personally I would estimate on the orders of the Judge, however dont forget it it always down to the Claimant to prove the charges were applied. But it does seem you have the Judge on your side!!

[mrsfoot]

Pen I have tried to PM you with some info but your inbox is full!!!!

However it does seem like you have everything sorted, if this is not the case then pm me and I will contact you back.

 

re the abbey getting the possession the judge has obviously thought it was more important to attend his hearing rather than the other...however it was a vicious circle and so no answer was going to be the right one.

 

Now you have paid the arrears you must feel more settled, and at least your house will remain yours

 

Mrsfoot