Hi Polpa,

You can cash the cheque and continue with your claim as long as you let them know you regard it as part payment (there's a templated letter for this). They certainly have admitted it to be a penalty, if your case goes further, this is valuable evidence for you.

Hi there,

welcome to the forum, (love the user name)

Merry xmas & a PROSPEROUS new year to all GENUINE forum users!!

Rang court yesterday, claim is still with judge for decision on extension of defence (which solicitors requested for 27/12/06) now long gone... bet they're happy.

Rang sols. 3 times yesterday as they couldn't find my case. Gave them a/c number, case number, address, name etc. no luck. Had to call in to work (as i'm still on annual leave) to get their letter and quote.. wait for it.. their reference!

Eventually, got through to a nice lady and asked for an upate. Said they we're waiting for judges decision on extension and that they still needed to gather more evidence, I cheekily asked if their clients were ready to settle. she said not before defence was submitted - oh well worth a try.

Hi Zootscoot,

Can you shed any light on this? I think they may be trying to stay the case.

Ta

Hi all,

Is there anything I can do at present? or do I just sit tight?

Well folks,

as I hadn't heard from SGH or the court I went onto moneyclaim to file for judgement by default - but it would'nt let me! So rang sols. they told me they applied for an extention till 27/12/06 on 6/12/06. I then rang the courts for a progress report; the request is with a district judge and it's taking them 4-5 weeks to respond. This is way later than the date the solici. have asked for! I'm annoyed at being kept uninformed by courts and solic. What do they expect me to do? call them everyday - I think not!!

What then happens when the district judge looks at it and the date has passed? does it get thrown out - giving the sols more extension time? or will he set another defence deadline date?

ooohhh I feel like tearing my hair out!!!

Hi folks,

Been EXTREMELY busy at work lately, sorry to have neglected this site. Nothing to report as yet. I made a mistake on the defence due date in my last post; it's actually 13/12/06 so they have 'till tomorrow to file defence. I need to refresh my memory on what to do for the next stage.

Kennyh - thanks for the interest.

Pinkglitter - you probably know this by now, but have a look at standard templates letters. If this is your first thread make sure you start your own so we can keep track of your progress.

May be able to sneak away from work if the boss doesn't show, as i'm not far away (Camberwell)

My goodness, that was quick! congrats...

Hi MarkT,

You saved me a job there. we moved house last week so wasn't able to do any research. Sounds like they can afford to settle a few claims then!!

d'you know what's so annoying about all this! they charge an erc and the admin. fee is separate! surely this is part of their 'so called costs!'

ok, I wonder if they're affiliated in any way.... must do some research!

Hi Markt,

I'm claiming against Preferred Mortgages, their solicitors are also SGH. What does SPML stand for?

Found a letter to adapt. Having re-read sols. letter they have in fact asked for 21 day extension. But I'm still annoyed and will only offer them 14 days. This means defence due on 13/11/06, not 20th as they want - it's too near xmas and everything's bound to slow down.

ok guys thanks for that, will allow them 21 days; anyone got a templated letter handy??

morning everyone, (Paul65, It's broess )

feeling low today... letter received last night from solicitors dated 9/11/06, and i quote:

'we have just received the papers in this matter adnin the circumstances so that we may fully investigae the matter and prepare a defence we shall be grateful if you will grant an extension of time in which to serve the defence of 28 days.

The civil procedure rules (part 15.5) allow the parties to agree that the period of filing a defence be extended by up to 28 days. by our calculations, our client's defence is due on 29/11/06 and we are seeking an extension until 20/12/06.

In the event that you are not agreeable to extending time, we are instructed tomake an application to the court for an extension and we will seek an order that you pay the costs of such an appliction.

We look forward to hearing from you no later than 15/11/06.'

unquote.

I shall now go off and scour this forum for my next move, although I personally don't want to give them an extension - as they've had long enough. If the claim was submitted on the 1/11/06, why has it taken them 9 days to write back to me saying they want an extension, plus they still have 14 days in which to submit a defence. I'm also need more info. on whether they can charge me for putting in application for extension if I refuse, aren't they a bit presumptious that the court would agree?

talk soon.

That's a long way off! oh well, balls in their court now. I was hoping to settle before xmas, but I suppose it depends on what happens at each stage, you just never know.

Hi desilverstein,

although I'm claiming againts Preferred, I still keep an eye on what other mortgage companies are doing on this forum; as you'll find (as Les Gunn said) there may be a handful - at present! (unlike the bank forums) going after the same company, this is also the case - I think, with Preferred. I personally think the mortgage companies are watching this closely and will try to adopt the same defence eventually. But it will escalate as things naturally do, when there have been a few 'wins' - which there have.

So hang in there, it is daunting being in a minority but I really doubt that will be the case for much longer.

hello? anyone out there.......

two more days to go before judgment day..

How fab!

I did what you were going to do originally - pay it, then try to reclaim it back. Wish i'd held out then as well.

Well done.

Good luck, you'll be fine, just stick with this forum and all will become clear throghout each step.

Hi Paul65,

Glad that's now sorted, I used the following on my claim:

We entered a contract with the defendant mortgage provider in February 2006 which was conducted on their standard terms and conditions. We are claiming the return of money taken by the defendant in the way of a redemption penalty charge in July 2006 on account no 7172216. This charge relates to our breach of contract in that we terminated the contract before the agreed period. The defendant's charge for our breach is a disproportionate penalty and therefore unenforceable as it is contrary to common law as established in Dunlop Pneumatic Tyre Co

Ltd v New Garage and Motor Co Ltd [1915] AC 79. Further, as a disproportionate penalty it is invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). We have repeatedly asked the defendant to justify their charges but they have declined to do so.

Ho, no! what a nightmare for you. I will make some enquiries and get back to you

Hi guys,

MCOL deemed served on 1/11/06, no acknowledgement as yet. if they don't acknowledge can I proceed to judgement or is that at defence stage?

I vaguley recall read something along the lines of prompting them if they don't acknowledge within the 14 days, which will be 15/11/06. what would be the reason for this?

Hi Paddym,

who you claiming againts?