We're with this campaign all the way, anything we can do? Dashngail

We have a letter from the court stating that the balliff's have been instructed but that Mortgages PLC could still ask for a set aside, but not time limit given. It seems a bit back to front, when the baliffs attended surely they are going to get settlement for the judgment. I havn't been able to find a time limit. I'm grateful that you have asked the question, I await the replies with interest Thanks for your help. Speak soon Dashngail

Thanks, they are justing behaving like idiots, just no sense in what they are doing. Do you know how long we should leave it with the balliffs before I start ringing them. Cheers Gail

We're still here, now waiting for the balliffs to attend at the premises of Mortgages PLC. We had a letter from the court explaining that the co. could still ask for a set aside, but that all the paperwork we sent had been put on file, we included all our letters from before court action along with the both the letter and e-mail from the solicitor. Since we had the threatening letter from Mortgages PLC's solicitor, over two weeks ago, they havn't applied for a set aside or been in touch with the court we are hopeful that if they do it now it will show that they havn't had any respect for the court and that any district judge would be able to see that. Back again soon Cheers Dashngail

Hi Like I say I'm just being picky NO, we dont think that, we have been waiting for someone to read through for us before we send. It took ages to produce the letter, sometimes when you spend so much time on one thing you miss the little bits, and it's so important that we appear to be in total control. NO KNEE JERK REACTIONS FOR US, UNLIKE MORTGAGES PLC. I've made the changes and off it goes tomorrow. Could really do without them acting so stupid I have to attend hosp tomorrow for results from a biopsy, Ah well bring it all on at once. Thank you very much for your help, lets see what happens next. Dare I say we are issuing court actions against Lloyds TSB and Platform Holding this week, the more the merrier. Will let you know. Cheers dashngail

Here's the letter along with all previous doucments relating to our battle with Mortgages PLC, it's a bit like war and peace, but we would it anyone had any comments. Dear Sirs With reference to the above Claim Number, I have been in communication with the Defendant, Mortgages PLC, since June 2006 in regard to reimbursement of charges levied against me when I redeemed a mortgage account in October 2005 My claim was instigated as a result of being made aware that certain charges made by financial institutions are disproportionate to the amount of actual work involved and are therefore deemed to be unenforceable both at common law and under the unfair terms in consumer contract regulations. PLEASE SEE ATTACHED DOCUMENTS RELATING TO CORRESPONDENCE BETWEEN MORTGAGES PLC AND MYSELF No. 1 – 9 ALL CORREPONDENCE FROM ME TO MORTGAGES HAS BEEN POSTED VIA SPECIAL DELIVERY ( I HAVE ALL PROOFS OF POSTING) Given Mortgages PLC’s position, I initiated County Court Proceeding through the Money Claim Onsite website, which was accepted and issued by the court on 9 August 2006. As attachments I had already informed Mortgages PLC of my intention. Due to the lack of response to the court summons, I received a judgement by default from the court on 31st August 06 and asked that payment be made immediately. After a period of over one week I heard nothing from Mortgages PLC so on Monday 4th Sept 06 I sent a letter (see attachment no 7) On Fri 8th Sept 06 once again, in an attempt to avoid any unnecessary unpleasantness or extra costs, I telephoned Mortgages PLC at their Scarborough office at approximately 10am on 7 September 2006, to reiterate the situation and emphasise the resolve of my position. I spoke with Miss Geraghty, who was involved in the original correspondence and she confirmed she would look into the matter and call me back. At 4.55pm on the same day Ms McCallum telephoned me at home. She explained to me that Mortgages PLC would not be paying me any refund, and were seeking an application to have the court judgement set aside, primarily on the basis that Mortgages PLC had never received the court order in the first place, and that any attempt to send bailiffs would end in failure. I questioned Ms McCallum whether the company had received any letters on this matter since their reply of 31 July. She informed me that the Confirmation of Judgement was received on the 1st Sept and my last letter 5th Sept 06, she did not comment on the Judgement letter, but regarding my letter, said my letter was not responded to because as far as they were concerned the file was closed and as such no further correspondence was considered. Finally on 8 September 2006 a letter was received from Mr Rob Nicholson of Halliwells Solicitors, confirming that an application to have the judgement set aside was being made. Further more this letter mentions my threatening to go to the premises with the bailiffs on Friday, this is total nonsense, what I said, within my rights, was that due to lack of response throughout the whole court process that I would be instructing bailiffs certainly no mention of them going on Friday or indeed that I would be accompanying the bailiffs. The response threatening me with a restraining order was a moot point as it was never my intention, it indeed possible. As I understand the fact that the bailiffs would have been instructed doesn’t mean that action would have been taken on the same day. However at no time in any of my letters did I state a date or time that bailiff would attend, I merely offered timescales by which action would be required to resolve the matter. I replied to the letter from Helliwells solicitors via e-mail (see attachment no 9) and on Sat 9th 06 got a reply from Mr Nicholson saying he accepted my points but he still wanted me to confirm that I would not instruct bailiffs. I feel that the fact that the court had given me the right to instruct bailiffs then the solicitor did not have the right to take that away until a request to set aside had been received to the court. I feel that the tone both the solicitors and Mortgages PLC have taken with me over the last few days has been nothing short of intimidating when I was acting within my rights I now understand that Mortgages PLC intend to request this judgement be set aside on the basis that the original court papers were not received, I suggest that this statement borders on being disingenuous, all previous correspondence has been received and the court claim was requested to be sent to the same address. I find it difficult to believe that whilst all other documents have been received by Mortgages PLC, this crucial document happens to have not. Furthermore, I am of the firm opinion that no action would have been taken at all by Mortgages PLC with regard to the court claim had I not made the telephone call on the morning of 7 September. I believe this is bourn out by both the telephone call at 4.55pm and the subsequent letter from Hallowell’s. If this were not the case why was nothing whatsoever done from 1 September for a full seven day period by way of response, surely an earlier reply of some kind would have been made. Any claim can be viewed on the internet via the Money Claim site even if, as Mortgages PLC attest, only the judgement notice has been received. I am a honest, down-to-earth, straightforward self employed person, who has become made aware of certain information relative to the possible reclamation of mortgage penalty fees. As such I have only ever acted within my rights and have indeed acted fairly in my dealings with Mortgages PLC, since they have repeatedly failed to reply to my letters by specified dates or provide the information requested. This lack of response to documents received from the court only serves to reinforce this shortcoming. I believe Mortgages PLC have acted irresponsibly, firstly to genuine requests to enter into dialogue regarding a matter I take seriously, and then later to documents and instructions received from the court. For these reasons I would ask the court to disregard Mortgages PLC’s application that this judgement be set aside. It is a daunting prospect to confront the large financial organizations but I feel very strongly about this matter but then to have the organization ignore the legal document received from the court in such a manner makes the progress of following the legal process even harder for the individual to do. Cheers Dashngail

Hi Thank you Catherine and Dave we need all the support we can get this weekend. That letter arriving on Friday morning caused, as it set out to do, more than a few ripples. We're sure when the court get our paper work they like us will come to the conclusion that Mortgages PLC have had no respect for the court. Back on track now though Best wishes Dashngail

Hi All Another instalment from Mortgages PLC after ringing them on Thursday and informing that we would instruct balliffs on Friday we received a very arrogant letter from their solicitor on Friday morning. Here's the contents We understand that the proceeding have been served although we make no admissions in relation to the validity or otherwise of the same and also understand that a judgement in default has been obtained. We confirm that we are now shortly to make an application to have the judgement set aside and will serve the application upon you in the very near future Given the above your threat to attend our clients premises tomorrow with balliffs is entirely inappropriate (all Daz said to Mortgages PLC was that we were going to instruct balliffs, nothing about them attending on Friday or that we intended to be there) and as such we confirm that in so far as you will not now agree to desist from the same we will seek an immediate injunction against you to restrain you from taking such steps. We look forward to receiing confiration that your threat of enforcement is now withdrawn pending the outcome of our application to set aside. After getting this awful letter we responded via e-mail stating that we objected to the tone of the letter etc, and that we were acting within our rights due to the fact that we do at this point have a judgement. Today (saturday) we have received an e-mail from the solicitor saying he takes our comments but would we please confirm that we will not be instructing balliffs. So that is twice he's asked us not to send in the balliffs, we have no intention of repling to this second e-mail at this point. We need more guidence first. We are at this time putting together a letter to send to the court on Monday, with it we shall include all our previous letters, the proof of posting and also a copy of both the solicitors letter and e-mail. We feel that this solicitor is using bullying tactics when in fact it's Mortgages PLC that have failed to respond to the court, which we hope that the court will look at in our favour. Any comments would be gratefully accepted. Cheers Dashngail

Hi Already spoke to the court, they say that the summons are just posted in the regular post, so no evidence that it's been delivered. As I mentioned we had a message from mortgages plc's solicitor, but it was too late to get back to them today, so first thing in the morning we'll have to see what they have to say. All very disheartening. Cheers Dashngail

Ah...........................HELP HELP We got our judgement on the 1st Sept. heard nothing since today we were getting ready to instruct the balliffs. Daz thought he would ring them one last time, he was told that they had ignored our second letter instructing them because after they had answered our first letter they had closed the file. They are also saying they didn't get the court summons and only got the judgement yesterday. We got our judgement letter last week. We have now been informed that they are going to ask for the judgement to be set aside, the court have advised that it is pointless instructing the balliffs if they are going to take this action. Mortgages PLC havn't responded in anyway to either us or the court from us sending our second letter. Does anyone know if we can contact the court informing them how mortgages PLC have ignored everything, in the hope the court refuses to set the judgement aside. The last conversation was a 4.50 pm today with mortgages plc, but we,ve just listened to our answer phone and found a message for a firm of solicitors acting on behalf of mortgages plc, is this usual practise for the defendents solicitors to speak to us. This has through us a little, so any words of wisdom would be a great help Cheers Dashngail

I know just what you mean about been frightened to spend. We had lived on benefits for almost 2 years, then my mum died, and all of a sudden I had money in the bank and I seemed to lose as much sleep worrying about spending it all, it was almost as bad as the time I didn't have any at all. At least now us and many others are getting some security behind us, thanks to the forerunners on this site instead of the bl...... banks getting richer Keep up the good fight Cheers Dashngail

Sorry I thought I had read on your signature that you had already issued the money claim against Lloyds. Must have been someones elses signature. Cheers dashngail

Hi I've just read through your posts, nothing much to add but you have been a inspiration, holding in WELL DONE, I'm sure you will be sleeping better now you have some money behind you. Cheers dashngail

Thanks for your message, we now waiting for payment. We were a little concerned that they might try to stop the judgement but they havn't made any comment at all. We have written a letter informing Platform that we will be issuing a warrent if we havn't received the refund by Thursday, so hopefully our son's bank balance will rise pretty soon. We are due to issue two court claims this week, one for Lloyds (bank charges)and the other Platform Holding (our mortgage redemtion penalties £6000) When you said you need more experience, I think that you can only get this by doing what needs doing as each case is so different plus each bank seems to operate in different way. I'm going to put your post on our reminder list as you are a week in front of us with Lloyds. Keep going, you get what is YOURS Cheers dashngail

Not sure what's blown us away most this week the judgement or finding out that people have been watching and waiting to see what happened in our claim. The daft thing is we thought we would be the first to not get anything back from any of the bodies we are claiming from. Thank you very much for your very kind and encouraging words. Our advise for you now is GO AND GET YOUR MONEY RETURNED, JUST DO WHAT IS TAKES Will be following your journey with interest. Cheers Dashngail