Your case is a little more complex due to the fact that you want a default removing from your credit file in addition to the return of charges. This order simply means that a Directions Hearing must take place in order that the Judge can decide how best to proceed with the case. A directions hearing is a chance for the judge to discuss case and give ‘directions’ to the parties and to assess whether any other material needs to be gathered and also what is going to be considered during the case. You may contact their litigation team by all means as it will cost them a good deal more than £140 to prepare and attend this hearing. You are not obliged to supply the other side with a copy of your AQ or the draft order, so it is your call as to whether you do or not and it will not prejudice your case should you not supply them with a copy, but do make sure you file your copy at court on time. On what grounds do you want the default removing?

No, they will not, look here http://www.consumeractiongroup.co.uk/forum/hsbc-bank/75993-re-hsbc-no-q.html - post #20, you will see a link to a PDF file - they are for HSBC dating back to 2004.

Yes Emma, that will be perfectly fine. Although I think you mentioned that Halifax had not made any reference to any charges that are older than six years, so in fact they would struggle to argue about them at this late stage. Yes, you should receive that today and the fact that you have not and probably will not, should give you a clear indication of what will happen next - they will pay you.

Read this for details of your options now. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

Well done, congratulations to your wife and I am sure yours will not be too long in coming either.

Above all, try not to panic, your case is progressing as it should.

I think that will be fine, given that we have had a bank holiday too. I would not give them any longer however.

Linda, read here for information on what do do should they not file their defence in time. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

What I meant was that I would no consider that 2% per month on any outstanding balance was actually a penalty - it is interest payable on a debt. The £15 charge per month may well be a penalty, but one must expect to pay interest on money that one borrows.

I suggest that the issue here is whether or not what Amex have charged you is an unfair penalty at all. We would have to know what the breakdown of the £283 that was charged per month is before we could be sure.

Well you are a real ray of sunshine aren't you tonycee? Anyone would think you are put out that the OP did not lose their house today. I think that they have earned the right, having faced down Kensington and won, to a few days of peace, free from the Sword of Damocles that is Kensington Mortgage's very real threats of eviction. Re-read posts 16 & 17 for how fish was feeling before the hearing today. They will have been told, in no uncertain terms by the Judge today what they must do and now at least and possibly for the first time in months, they can relax. As for Welcome Finance, everyone would be advised to steer well clear of them and any company like them - borrowing more is not the answer to debt problems as it is a strategy based upon the quite obviously flawed premise that you can borrow your way out of debt!

Perhaps it is linked to this. Mortgage rate blunders cost borrowers thousands-Business-Money-Mortgages-TimesOnline

I'm glad it worked out this way for you, well done. You know what you need to do now and as soon as you are able, perhaps you should consider moving away from Kensington, they really are, by their own admission, one of the worst.

Another thought on this, in case you felt able to use that quote above, it came from this document. InvestEgate, Kensington Grp. PLC - Interim Results

It is impossible to say of course and Kensington are one of the worst - they lend with a view to possesion and have even admitted the following "...following the deterioration of arrears experienced in the first quarter of 2005, we decided to accelerate our repossession strategy." in their latest annual report. If you can show why you had problems and that you should not experience them again then you should find that the Judge will be sympathetic to your plight. However, do not expect anything from the Kensington representative, they are not there for you. Present your case clearly and concisely and make sure you have a good, sound reason for the arrears and with what you have said above I feel sure you will be ok. Let us know how you get on.

What will happen next is you will receive a notice of transfer to your local County Court - MCOL is the CCBC (County Court Bulk Centre) and now that you have received a defence to your claim, they will no longer be dealing with it. You should receive some documentation from your local court shortly.

I was being (uncharacteristically perhaps) diplomatic...

This is the Welcome Forum and not only that is someone elses thread - I will ask that this gets moved to the Halifax forum where you will be more likely to get replies. But, yes, continue with your claim, this is not the first time this has happened.

This http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ is the libaray - the Particulars of Claim are in there, but I would suggest that you spend some more time reading here first. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

I personally think that you may struggle with the interest portion of the claim, how much of the £283 per month was interest?

Hello Fish - This is serious and you should seek professional advice as soon as possible. However, I appreciate that it will not be possible before tomorrow. First of all, try not to panic - it is unlikely that you will lose your home tomorrow but there are certain things that you must do. The first of which is attend the hearing tomorrow. This is very important. If you do not attend then the Judge will have no option but to grant Kensington possession - you absolutely must attend! There is the very slight possibility that Kensington will not attend and will be relying on the fact that you will not - do not however, rely on this yourself - you need to attend. You can rely on s.36(2)(b) of the Administration of Justice Act 1970 which allows the court to suspend the possession order for such a term as the court considers reasonable. If the debtor can repay with in the reasonable time no possession order is granted. Under s.8 AJA 1973 in exercising the powers under s.36(2)(b) the court only has to consider the sums payable in arrears and not any term which may render the full amount repayable. What amounts to a reasonable period will depend on the circumstances of the case and can include the whole remaining term of the mortgage as occurred in Cheltenham & Gloucester v Norgan. This case also stated the factors the court will take into account when deciding what is reasonable, these are, ability to make payments now and in the future, likely duration of financial difficulty, reason for arrears and the period of agreement remaining. Essentially, if you can show you can pay off the arrears over the remaining period the court will not order possession. If you have not already done so then you should complete and take three copies of this form with you. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=363 Make sure you complete it fully and give the lenders representative and the Judge a copy. As you have fallen behind with the payments already and reached this point, you will need to show the Judge that this will not happen again and that whatever arrangement you make, you can stick too. Make certain that you have a plausible and credible story for why you have not paid for the last two months. Is your hearing tomorrow an application to the Court to have the eviction suspended?

Have you issued your claim via MCOL or do you live in or around Northampton?

Proceed regardless, despite this apparent "win" Lloyds are still paying claims. Pay special attention to the documents in the library and make absolutely certain your Particulars of Claim are correct and complete.

Amex are of course correct that their product is a charge card and not a credit card and, if it is a corporate product then it is not designed for consumers. However, if the charges that they have levied are penalties then you may issue a claim for them and attempt to recover them. You mention that you have been charged 2% per month (presumably on the outstanding balance) which is probably typical of an average APR for credit cards and therefore I wonder what it is you want to claim? The monthly charge of £15 per month could be argued to be a penalty though. Precisely how is your claim of approx £2660 made up?

No, not at all. You have not messed up - you can stop worrying. As a Litigant in Person you cannot be expected to know this and you may send a letter to the judge and suggest that the draft directions you enclose be adopted, however, this may well be disregarded entirely but nevertheless absolutely no harm can come of it. As I stated, it is my personal opinion that this could be seen as attempting to file an application on the cheap which is more likely to be disregarded than acted upon. Honestly, stop worrying