[ATTACH=CONFIG]43048[/ATTACH][ATTACH=CONFIG]43049[/ATTACH][ATTACH=CONFIG]43050[/ATTACH][ATTACH=CONFIG]43051[/ATTACH] These are some of the documents I have managed to download

How do I scan in documents ?

I have recieved a letter from the solicitors wanting a reply by the 16th April, if we agree the revised costs after the assessement hearing and the additional costs for the assessement hearing, Not sure what to do really, is it worth disputing this any further? If my daughter agrees the costs and then fills in the N245 form, she has no assets or anything of value. single parent and in rented accommodation. Earing about £1400 a year

We went through the bill one item at a time with the judge and the claimants rep. The revised bill has been sent which is slightly less then the orginal amount. but they have added the cost of the assessement hearing. I will do my best to scan a copy of the bill this evening.

I have recieved the revised bill of costs £11,600 plus a schedule of cost for the another £6300 whcih is for all the work done for the assessment hearing which again seems to be high and and not sure what or how to dispute it Is it worth disputing and further as this certainly not payable

I was just reading it from the N245 form the other tick box is a reduction in the installment order,

Ok I would assume we agree the final costs and them fill in the N245 and aske for a suspension of the warrant and fill in the financial details.

I think the bill will be in excess of £15000 and as indicated before my daughter is a single mother and living in rented accommodation, I would be interested what process they will follow to recover the money. Or do you think its wise to agree a payment plan,

Attended the assessement hearing yesterday, 6hrs and really achieved very little, Waiting for the revised bill of costs, plus they are going to add on the costs for yesterday. Seems crazy really as the judge said could she afford to pay it within 14 days, I would assume we confirm to the court she accepts the bill and then not sure where she goes from there. Does she make an offer or just say she cannot pay? no doubt they will then issue a statutory demand

Did not go well, used the recorded telephone conversation, would not accept Statute Barred, We argreed to pay back over a period of time, they ask to add on further costs, but the judge want to wait 56 days until the next hearing, But their solicitors BW who have appeared on the scene, have sent a bill with additonal £1000 added for costs and an old outstanding 02 account of £260 which has always been in dispute with 02 from the Start. not sure what to do now really

I have received a cost summary from the defendants solicitors, which is about £8000, My claim is less then £2000, I would assume their hoping to get a fast track decision, Its unlikely they would get a fast track case, also I would think that as I am not a skilled legal expert then the overiding objectives in CRP 1.1 would apply

My wife did this without my knowledge, she got my daugther to call and she used her card to pay the £1.01, and sent the comfirmation to my daughers email, I have been unware that this had happened until recently,

They have supplies the telephone call transcription, but they emailed my daughter with the details of the payment plan they tried to get to agree, they wanted 50% up front and the rest paid of in 6 months, she did not have that money in her account, they said the would accept a minimum payment of £1.01, she unfortunately fell for the trap with my knowledge.

The hearing is next wed, I have prepared another Witness Statement, additional Litigant persons, due to the fact this will be the 4th hearing due to no fault of ours, and a 6.19, I have added in the legibility of the Agreement, disputed charges of £325 and intrested charged. I will challenge the Statute barred although I think they will show a payment was made to them. If does not work out on wed, I would assume we can offer payments rather then bankruptcy

Their Solicitors have written asking for a copy of the Allocation questionnaire by the 15th, I did not keep a copy of the original that was sent to the court. Is this a problem?

The hearing is on the 21st Feb, I will post how it went at the hearing, its a real shame that my other half paid a £1.01 to them as it would have been statute barred Jan 2013

I am about to prepare further Litigant persons cost, should I mention the fact the reason for the 4th hearing is due to them not following the correct procedure for the Bankruptcy Petition etc. Shall I add in the witness statement,(6.19) reference to the agreement not being fully legible

The Claim has both our names on it as it was a joint mortgage account at the time, I have been doing a little research and Mortgages 2 limited , Mortgages 1 and a couple others are part of Mortgages PLC, which is also part of Merrill lynch, They also suggest in their defence that we should have sent all court papers to the head office in scotland, which is again Mortgages PLC, I Sent all communication etc to the address in England.

I have produced the witness statement, can it be a joint one signed by both of use as the claim is our joint mortgage account, or shall I prepare two ,Will I need to do an affidavit ?

The agreement is a copy from a fax or a photocopy, It just clear enough to read but you would need good eyesight or a magnifing glass, parts are distorted caused by the way it has been copied, It looks like the original, the print is very small, they have produced a typed copy of it, We have the all the statements but not really sure about the interest charges, There is interest for card use and cash withdraw from the cash point, The rate is the same for both but it does not indicate on the statement which is the interest for the card use or cash.

The agreement seems ok, although not very clear, Not sure what I should be looking for ? We have now had the petition sent through the post first class, with a new court date, It would have been statute barred from today, but that payment of £1.01 has been paid, they sent a full transcription of the telephone call, Its certainly a pressure call on my wife, frighten her

Ok many thanks for your help

Many thanks Andy My concern is the bank charges test case will be the overiding factor in this, I have been trying to find out if that decision applies to mortgage arrears and admin charges, I have plenty of information from the FSA with copies of the notices given to Gmac, Swift etc, The biggest worry is paying cost to the other side, I have had experience of Fast track before, although this should only be a small claims.

This is the template I found in the library, In the XXX county court Claim number XXXXX Between XXX (claimant) and XXX (defendant) Particulars of Claim Unlawful Charges The claimant had a mortgage agreement with the defendant dated XXXdateXXXX concerning a secured loan of £XXXXXX The said loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) The defendant is statutorily bound by Financial Services Authority regulations – mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000 The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement. The defendant levied mortgage arrears charges against the claimant. The defendants also levied further interest upon the said unlawful charges The mortgage arrears charges were levied at a rate which exceeded their administrative costs. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB For these reasons the interest charged on the unlawful charges is also unlawful Other Unfair Treatment The defendant has also levied charges in respect of counsellor visits. The said counsellor visits [did not take place as claimed by the defendant or at all] The fees for the said counsellor visits were levied at a rate which exceeded the actual costs of the visits By virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under MCOB The claimant seeks the return of unlawfully levied charges plus associated interest– £XXXXXX The return of unlawfully levied counsellor visit fees – £XXXXXX

Have I used the correct POC from the library on the site, relating to reclaiming the charges and fees that the mortgage company applied to the account, Also do I need to respond to the application notice before the hearing or can it be dealt with at the CMC