Age2000............Try reading Zootscoots thread .You might have a chance via the letter writing angle.RegardsMF5

Happygolucky..........if you haven't already done so please read my thread...............A CAUTIONARY TALE........RegardsMF5

Hi all back again .Have been working hard to get some money in.Thanks to the kind and generous donations from CAG members I have received just over £300 now..........Thank you all once again (you know who you are).Just to confirm my Pay Pal address is on my signature at the bottom.I will be speaking to Cobbetts this week regarding the costs issue.Will update in the next day or so.RegardsMF

Thankyou GizmoI'm going to e mail you re your case.MF

Hi EllielouJust had a quick read over the last few posts of your thread.Can you tell me if there is a clause in your mortgage contract that allows Kensington to claim back their legal costs from you and does it give you the option to terminate when you like?.MF5

Lellypea ,Bona ,The cornflake.Thankyou so much for your donations you three are the first ones that I have received.Its really hard and awkward to talk about money like this but I am cheered and humbled by your generousity and kindness to someone who you don't even know....................Thanks...MF

Good luck willowb I hope that you get allaocated to small claims. I don't think the ERC saga is over yet as I said before I think it depends on the wording of the contract.I was in court with a fairly recent one if I had gone with the other one first (£1,800) I think I'd have stood a much better chance of winning it.The contract was more basic when it came to the wording and I think the no breach point would have been much stronger. MF

Hi everyoneThe Judge ordered costs to the winning party.I haven't had any advice on the costs issue yet.He trimmed down their total amount to cover up to the court date .Both of us did put down small track in the AQ's.............Zooman do you think I have a chance on appealing for the the costs ?...............I've just altered my paypal email address as I had left a space in it ...........Sorry ..............................................................I did have a second claim against B&B but I've had to withdraw it now............Its really gut wrenching because the second claim was from an earlier ERC charge and it was charged 4 years after the start of the morgage with less than a year to go......Also the contract wasn't worded the same .............in that redemption interest was paid in the early repayment period and it was not worded anywhere that I was ending it BY MY OWN CHOICE also it was not placed in the core terms section .Interestingly this mortgage was taken out in 1998 (mortgage conditions 1995)pre UTCCR1999 and my MExpress mortgage was taken out in 2003(mortgage conditions2000)SLY or What?.Thanks for all your continued support .I think I should speak to a solicitor about an appeal re costs................MF

Sorry about the last post I typed it out lovely but its just listed as one long paragragh.is it the site? ................I've put some full stops in for ease of reading

I just want to post the reason why I decided to go to court with all the risks involved.I found something on the OFT site that I thought would give me the edge on the day.It is in report 311 dated (2001)Analysis of unfair terms in schedule 2 of UTCCR 1999.This guidance STATES THE OFT's VIEWS ..........................................................................................Disguised penalties. Objections under the Regulations to an unfair financial penalty can apply to any term which requires excessive payment in the event of early termination, or for doing anything else that the supplier has an interest in deterring the consumer from doing.21 The Regulations are concerned with the intention and effects of terms, not just their mechanism. If a term has the effect of an unfair penalty, it will be regarded as such, and not as a ‘core term’. Thus a penalty cannot be made fair by transforming it into provision requiring payment of a fee for exercising a contractual option...........................................................................Ambiguity. Where a term is ambiguous, a court may be able to find at least one fair meaning in it, and enforce it on that basis, rather than declaring it unfair and void by reason of lack of clarity.However, the Directive makes clear that the ‘most favourable interpretation’ rule is intended to benefit consumers in private disputes, not to give suppliers a defence against regulatory action - see Regulation 7(2) (Annexe C). If a term’s ambiguity could cause detriment to consumers it may be challenged as unfair even if one of its possible meanings is fair................................................................................The concern of the Regulations is with the ‘object or effect’ of terms, not their form. A term that has the mechanism of a price term, or which purports to define what the consumer is buying, will not be treated as exempt if it is clearly calculated to produce the same effect as an unfair exclusion clause, penalty, variation clause or other objectionable term. This particularly applies to termination charges that have the effect of unfair cancellation penalties - see paragraph 5.8.....................................................................................These three paragraphs I thought would win the case for me but the Judge seemed to feel that because I agreed to the contract and understood the terms re the ERC.Then the term was 'clear and intelligable' I tried and used section 5 ,and 7 of UTCCR 1999 to argue that the term was unfair but I obviously couldn't sway him enough.I also argued that the ERC term had been placed in the core terms to evade the UTCCR which I said was strange as it already appeared later on in the mortgage contract. Has anyone else seen and used these guidlines?.I've not seen them mentioned anywhere and I think Morgy needs to try to add them to her appeal if she hasn't already got them included.Speak more laterMF

Thanks everyone I'm overcome with your kind words and support .My pay pal address is........bogieblizzard-buys@yahoo.co.uk thanksMF

Thanks catherinebear and Bona for your support I don't know how to set up an account but I have a paypal account which I have used to buy things on ebay with.Will that work or is it not a safe way to do it?Can anyone advise.ThanksMF

ZoomanCan you give me some advice about how,or if I could appeal the costs.Or make an arrangement regarding a payment timescale.ThanksMF

Hi everyoneThanks for your support I have taken a break from things just to take stock of what has happened.I don't have anywhere near the amount that has been awarded in costs against me .All my other sucesses have been written off completely.As they won in court they asked for costs which were over £12,000. The judge (QC) allowed £7,500 of the costs they had.I asked for time to pay and I have 30 days.I did say that my intention was to be within the protection of the small claims when I made the claim and so not to be exposed to costs.I also said that both parties had requested for Small claims track in their AQ's.He replied then what on earth was this claim doing here?I said that it was Fast Tracked in November to which he replied, why didn't you oppose the order.I said that I was unaware that I had that right to do that.He said I should have read the order properly.I don't recall seeing anything about challenging the allocation decision on the order.Does anyone know if I can appeal the order with regard to costs, either on the allocation point or on the amount relative to the claim value?.Will I be at risk for a decision where the costs could be made higherI have no intention of appealing the decision of the case.I will post more about the day when I can think better.Just one last thingTheir barrister did urge the judge to consider the implications of his decision if he found the claimant.Her words were something like..............' it would open the floodgates and would have far reaching consequences throughout the mortgage industry.'MF

GizmoI've sent you an e mailOff to work now.MF