Penfold V Amber Home Loans

[car2403]

Make it "without prejudice save as to costs", then you can produce it in Court if you win and ask the Judge to award costs against them.

[Blossomandebony]

Well done Penfold!

 

Sounds like you did a superb job in that court room - and had fun! As I know only too well, getting the set aside is almost a formality, but the experience you now have is invaluable.

 

Loved the fact that the judge is giving them only 7 days to produce a defence, by the way! And too right that the judge got annoyed with their lack of response to your claim. All in all, a good result, I'd say.

 

As for your offer, I think a lot of us would do the same to avoid any more hearings and hassle. Plus, if they don't reply positively, it adds more weight to your argument that you have tried every avenue to get this resolved.

 

One thing's for sure, as soon as that 7 days is up, (providing you don't hear from them, of course), get on the phone to the court manager demanding judgement against them!!!

 

Cheers, BAE

[Penfold92]

thanks BAE, I really appreciate all comments and we (the consumers) really need to stand up to the big bank bullies and they are starting to feel it too...

 

Chris, I will make it save as to costs,

 

It was an experience and it is nice to see judge realise that these guys have made a fortune out of all of us. All of us need to stick the oar in if we get teh chance. I still can't believe i sent them the wrong POC's..It was a longer version of what I actually gave the Court, but the judge jumped down this poor guys neck when he said but Mr Penfold sent it to us...he basically said so what? Why have you not got your act together and found out what you were defendning...LOL No wonder they never had a prayer on the costs after that it would have been a miraculous recovery...

 

Prabs

PS Off to bed for well earned rest...

Edited June 14, 2008 by Penfold92
spelling

[Bona]

Well done Prabs have been away just catching up so defence has to be in by 4.pm tomorrow hope you are prepared to put in an application to have it struch ouif they dont comply

Bona

[Penfold92]

Thanks Bona,

 

they have sent me a two page defence, which is scetchy to say the least. I will not post up as it says nothing new....

 

HOWEVER, the covering letter says that they are in receipt of my last letter and will take their clients instructions...so hopefully their clients will see sense and agree to the settlement, mind you I did give them till Thursday/ Friday I believe to do that so I will give them till then. After that time I will not be so low in my offers...

 

I guess the judge will ask for a response to the Defence next, then AQ's then hearing right? When can I submit the application for more info? And how do I do so? I asked the jUdge to get them to supply the specific figures for charges etc...he said no, but that it would be easier to do as a request for more info and would be cleaner...

 

Does he mean at the AQ stage or before?

 

Penfold

[Bona]

I assume that things now run from the defence being field ie there should be a directions hearing that is when you can ask for further and better particulars if you want to change the anything poc ect you will need to make an application I suapect you wont hear for a bit as the courts are busy but that doesnt stop you asking for more information

[vogelrok]

Excellent news Penfold, really chuffed for you fella, good to see we both got there against them.

 

you got them on the back foot now. can see a final settlement offer before court.

[Penfold92]

Thanks Vogel, you would have thought so and I am sure the striking out of any costs is hurting too...They should have settled before the hearing and saved face and a fair bit too no doubt...

 

Is it a Part 13 request for more info? Or have I got my figures and names wrong again?

[Blossomandebony]

Hi, Penfold,

 

Have you heard if they will accept your offer of settlement, today being their last chance?

 

If not, don't forget that you could also ask for the info you require at the AQ stage, by putting in a Draft Order for Directions. No guarantee it will come off, but it costs nothing.

 

BAE

[Penfold92]

Not heard anything yet so I'll leave till Monday morning and wait for Court Instructions...Then yes I will be asking for a breakdown of charges etc as this has an immeadiate outcome on the claim....Anyone feel free to help with the wording...LOL

 

Penfold

[Penfold92]

Got the allocation questionaire through last week, strange I have not been asked to respond to the defence though...

 

Is there anything specific I should put in the AQ to ensure small claims track? Amount fits and so anything else I can put in to make the Court see it is a straight forward case?

 

Thanks,

 

Penfold

[car2403]

They are probably using the streamlined procedure for dealing with it, because they've had so many - I can't remember being required to respond to the defences in mine, neither.

 

If the amount fits the SCT, there's probably not any more that needs to be said. Have you looked at the AQ advice for standard reclaims? I'm sure it's on a sticky somewhere - I'll have a look and see if I can find it for you.

 

Unless they have a very very good reason for not allocating to the SCT, it's almost a given, IMHO.

[Penfold92]

Well here is an update for all subscribers…

 

 

 

Received two letters from Optima Legal –

• Their AQ, standard filled and small claims track as their application for setting aside the judgment said. No notes or anything at all entered in the additional information
  
• A letter stating basically that they are watching my thread and I have no way to prove damages and reiterating the Johnson case
  

Well, we are replying with our AQ (not that we were ordered to do so) and a letter agreeing to withdraw the damages part, if they agree to a more realistic settlement promptly. Their offer was way short and was basically what we asked them to pay prior to Court action back in January.

 

Since then we have had Court costs including the AQ and I had to take a day off work for their application hearing due to their "mailroom" not receiving the Court Claim and then not receiving the Judgment. We stated clearly in our POC’s we would be claiming litigant in person rate for hours spent researching and preparing the claim. We have been damaged by all this since July last year and there are precedence cases to show that damages do not need to be proved, however, in order to be fair (given our previous comments) and get a quick settlement we will over look those to move on with our lives.

 

I know many of you will be very interested in this information as I never realised that our opinions and discussions could be infiltrated and used against us. This is the equivalent to spying or down right underhand tactics IMHO….

 

Still we never wanted this matter to go to Court and only wanted this settled fairly without the need for legal action in the first place, so if they wish to show posts in Court then we will be producing all our 1100 posts to give the Court a true understanding that we are not "vexatious litigants" as the Defence Counsel are trying to say, but more contributing to a growing site that is for the benefit of its members in the form of support and encouragement where large fiancial firms and their bucks solicitors behind them try to fob us all off with "convenient truths"…

 

 

After all if mortgage charges were true preestimates why do none of them want to actually show this in Court? So basically the letter we were sent pre-Court action was a lie! I know it is, after all how can we be charged for a bounced DD when it was mutually agreed in conversations with the Lender? The DD was never bounced as it was cancelled by us and the lender knew this as we called them and discussed this with them. That is just one example and we can recount for each charge and they did nothing whatsoever extra! We asked for the recorded telephone calls to be produced and have they? Nope, why? Because in them I specifically said "we are not going to be charged as long as we call you each month to make payments and discuss right?" We called them every month and made payments as agreed...so where does the arrears charges come in? They were getting interest on the missing payments, what extra work was involved?

They also say how can we claim interest...So being "enriched" by our payments on their "penalty charges" for over a year now does not warrant this? I will leave that to a Judge for sure, because I am pretty sure I know what their view would be on that...

 

It makes me laugh that more and more solicitors and barristers are turning here to get “inside information” when they should simply know whether their clients have a defence or not….

 

In our opinion all lenders who blatantly "cover up" their costs and pretent they are pre-estimate should be held to account! The FSA really is a "toothless tiger" in all this and should have put a stop to this extortion practice long ago...Who is going to suffer in the long run with the "credit crunch"? The consumer of course...what is the knock on effect? The country is going to get into big trouble financially, will the lenders be affected? Probably not...they make their "extra pound of flesh" by eating the heart away form those in trouble or facing financial hardship...

 

Penfold

Edited June 23, 2008 by Penfold92
Spelling and added a bit

[Blossomandebony]

Hi, Penfold,

 

You sound a little dispirited, or tired, by the whole business. We all get like that from time to time but take heart from the fact that their so - called 'solicitor' needs to resort to such sad and underhand tactics. Sounds like desperation to me!

 

To think they can scare you off by such rogue behaviour is laughable and shows them up for what they are, I'd say.

 

[by the way, what is the 'Johnson' case you refer to?]

 

Anyway, good luck and keep up the fighting spirit - you know you can't lose this one!

 

BAE

[Penfold92]

Thanks BAE,

 

The case is the one Zoot had mentioned earlier in the thread, but the Judge was not interested in it and said it had no relevance in this claim. That aside, we only wanted them to cease processing our personal data and sharing with third parties and they are not. Hence us narrowing the issues and now agreeing to drop that part of the claim, although I have not heard back from them about this as yet, but they wanted it dropped from the beginning so I trust they will write back soon to confirm this is agreed or else I will need to ammend my POC's and incur further costs.

 

Anyway we'll see, AQ's had to be in on Monday so I dropped off to the Court so await EITHER a letter from Optima Legal OR Court Orders to proceed to bundles. I am in the process of putting those together now and can't believe how much photocoping costs these days!

 

Penfold

[Rabbi Burns]

Just found this thread, and really interested in outcome because of the hassle I am receiving from Optima Legal.

 

I have a court case in a few months however, I ended up going to a solicitor because of the harrassment I was receiving from Optima Legal. Daily visits to the door by Sheriff Officers who were extremely abusive and aggessive.

[Penfold92]

they settled prior to getting to the hearing date

[Rabbi Burns]

Thnaks Penfold, that was good news.