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sutton6344

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Everything posted by sutton6344

  1. Can charges on a mortgage account be claimed in the same way as normal bank charges? I had a reply from the mortgage company that the mortgage didn't come under the CCA, strange as they placed defaults on my credit file under the same act.
  2. I have a couple of cases where bailiffs came to my house demanding fines and fees for cases I have since proved I was innocent. 1. Motoring offences from the Magistrates court £285 plus bailiff fees, £545 total. The case has since been reopened and conviction overturned. Who do I claim the refund from? 2. PCN, I completed a statatory declaration and recieved the reply "it is ordered that the order for recovery of unpaid penalty charge be revoked". Who do I claim the refund from?
  3. i filed a FH with Abbey as I would qualify on the above grounds. They refused because the account was closed for over 12 months, they claimed the charges didn't contribute to the FH.
  4. There are some selected cases at Chester County Court that have been stayed. Now Oakwood are offering discounts for mortgages to be settled, just putting 2 and 2 together but may be getting 5.
  5. Hi TomTubby, I have become a member of your online service and am having problems trying to email you a question. Please can you advise Thanks
  6. I have asked bailliffs for a refund and they quoted that the warrant displayed. “The Court has given authority to the above named applicant to issue this warrant to recover the sums shown. The Bailiff is also entitled to include his reasonable costs for executing this warrant. These are listed in the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993.” Anyone any idea on what to do next???
  7. I'm with Oakwood, I was originally with GMAC (they took it over without my consent), I too have been offered a discount. IMO this is either due to house prices falling or possibly due to their loan s being unenforceable. There are some test cases around the corner regarding this.
  8. subbing with interest on this. I've just recieved a refund for the MEAF but also have approx £2k of charges on a previous mortgage as well. Are these mortgage fees subject to the stay on the bank charges??? Whats the best way to reclaim the mortgage fees??? Cheers
  9. That's what happened in a nutshell!!! Although contents insurance did continue to be deducted on the same day!!!
  10. The flood was in January 2009 They sent me a letter in July 2009 advising the premium was unpaid and policy cancelled, this was the day before the final inspection. I immediataly offered to pay any shortfall that can be confirmed.
  11. It was the monthly premium not the renewal and I've already offered to pay any shortfall.
  12. They say there was a problem with the direct debit payment in May 2008 and the policy was cancelled accordingly.
  13. The loss adjusters authorised me to instruct the builders on condition it was within the guidelines of the surveyors report.
  14. The title says it all really. I had severe flood damage to my house and on the instructions of the insurance threw out all permanent fixtures including kitchen and flooring so that the house could be dried out. Reinstatement work has been completed in accordance with the Surveyors Guidelines and within 24 hours of the final inspection to assess the completed work I was told that no cover was in place. This obviously leaves several unhappy builders screaming at me. Can this be done at the last minute in this way?
  15. I recieved a phone call in February confirming I was actually insured, the stripping out was authorised and a surveyors report was issued. Now that some of the reinstatement work has been completed, they are trying to claim I am not insured. This is the day before the meeting to confirm that reinstatement has been completed.
  16. Hi All, I have a claim on hold for £800+ in bank charges with Abbey National and they have placed a default for £260. I have CCA'd them in August 2007 without reply, they have confirmed in November 2008 that they cannot provide a default notice as one does not exist. How can I get this default removed from my credit file??? Thanks in advance!!!
  17. Hi All, I have completed the out of time statatory declaration and have recieved a reply from Northampton County Court stating. 1. Under Rule 23.8 of the Civil Procedure Rules the Court will deal with the application for leave to file a Statatory Declaration out of time without a hearing because the Court does not consider a hearing in Northampton would be appropiate. 2. The application for leave to file a Statatory Declaration out of time to be REFUSED. They go on to say I can request a review of this decision by a district judge under Rule 75.5(2). What would be best for the next step?
  18. Hi all, I explained the circumstances to the court and they issued a re trial date for later this week. I wrote to the court, CPS and CTO requesting a copy of my correspondance along with their reply. I recieved a reply from the CPS yesterday explaining charges would be dropped as their is insufficient evidence against me. EXCELLANT RESULT, thats a big worry off my mind even though i always knew i was innocent, they have even stated I can claim costs!!! Thank you all for your help.
  19. Thank you for your help and clarifying some things for me, apologies if you think I have wasted your time. I was confused about the legal procedure and needed some help and advice, thats why I contacted this site.
  20. I forgot to mention the court hearing is over 100 miles away from my home and yes failing to provide information is the only thing I am being charged with.
  21. I have already asked for a pre trial review date and recieved a couple of replies that read: Application to reopen a case following conviction for an offence of FOR FAILING TO IDENTIFY DRIVER. In accordance with section 142 of the Magistrates' Courts Act 1980. Application refused. Application to reopen a case following conviction for an offence of FOR FAILING TO IDENTIFY DRIVER. In accordance with section 142 of the Magistrates' Courts Act 1980. it is ordered that NOT ENOUGH INFORMATION PROVIDED. NAMELY WHY YOU FAILED TO ENTER A PLEA BEFORE FIRST HEARING. I have also recieved a letter reading that the new date for the hearing is 17th April. Reasons The matter has been adjourned because: 1.As the court is considering whether to disqualify you from driving because of the seriousness of the offence(s) or the number of penalty points on your licence..............etc 2.SUBMIT MORE INFORMATION TO SUPPORT APPLICATION TO RE=OPEN CONVICTION Failing to provide information is the only thing I am being charged with.
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