Thanks very much Ell-enn - will have to do tomorrow though - can't print at home - although I have listed our incomings/outgoings. I have to work away tomorrow so intended to go to the court first thing Tuesday morning. Thanks again for your help.

Yes - two - one just started secondary school and one just starting her GCSEs

Thank you Ell-en - will be spending time on this today. Things are tight (very) at the moment but do not want to lose my home. Forgot to mention that if we give up possession - Redstone have a £12k redemption penalty that doesn't end until may 09. We also have it on the market at the moment - although if we sold we would have to pay the redemption penalty - I figured its better to sell at my price rather than one reduced by Redstones to get rid of it. Thanks for your help - do you know how much the N244 will be. Also - will the judge automatically arrange for a hearing before the 9th December - is there a chance that he may refuse this?

I have a mortgage with Redstone mortgages that has been under a suspended order since March to pay back £200.00 per month. In April my husband lost his job and has since taken once which is about half his previous salary. We paid what we could in June and July but Redstone applied for an eviction order in August. We managed to borrow the money from family and brought the order up to date but its now happened again. The arrears are £5100 and the monthly payment is £1481 + £200.00 - I have asked Redstone if they will put the arrears onto the mortgage but they have refused and apart from one telephone call they have not contacted me at all other than to go back to the court and have sent a couple of "standard" letters. I am due an substantial increase in pay in January and my husband has just started to get teaching work again (albeit through an agency) and so we will be paying everything spare off that we owe but I really need some advice as to what to do next. I intend to go back to the court on Tuesday to fill in an N244 to go back to see the judge but am frightened that he will just say that we can't afford this and allow the eviction to go ahead. Thank you for any advice you can give.

Believe it or not - it was the same judge - I was astonished when I heard him say that - he wasn't having any argument at all. I tried the "I'm a litigant in person" bit - but he said something like "that is the level for the track" and that was that. He did not want the hearing to go ahead and make the opposite decision of the OFT case - mindful of further costs if any side then wanted to appeal. I felt almost relieved to get out of there - its wait and see now.

Stayed until the outcome of the OFT case. I'm glad in a way cause the judge allocated it to fast track (over 5K) and they have quoted unbelievable costs!!!

Allocation hearing Monday

No - I received my charges back from London Scottish - although I think I caught them on the hop (mid 2006) and I won by default - they failed to defend. I did the N1 but only because I paid my cheque - MCOL is fine also - if you are only claiming charges - use same principles as you would for bank charges - good luck. Jackie

I hope the outcome was what you wanted. If so, I'm over the moon for you. Jackie

Received the defence to my counterclaim - absolutely no bones in it at all. I need to send back the allocation questionnaire by 20th July. Preferred have been ordered by the court TWICE to explain their charges and they have failed to do so each time - stating it was in their terms and conditions etc. When sending back the allocation questionnaire - can I "respectfully" ask the court to strike out their defence. The fees are: returned cheque fees/arrears fees/solicitors fees. On 30th April, the DJ ordered for Preferred to explain ALL of their charges and fees and they failed to do so - wanting to withdraw the claim because I had then re-mortgaged by that time. I counterclaimed (which included details of their appalling administration errors ) which the DJ allowed and ordered Preferred to put in their defence. Any advice please - I don't see the benefit of adding the draft directions as the judge has already ordered disclosure and they have failed to do it. Many thanks - Jackie

Mrs Foot - I hope that they contact you before that time. My re-mortgage is now through and I'm rid of Preferred. They have until the 29th to submit their argument (as you've read on my thread) - I am emphasising that Preferred have not even acted "reasonably" with my account - so not only did they not send out "automated" letters - they sent nothing at all on most occasions!! Hope that the Dudley info. was of help to you - I believe that this erred on the side of "over the top" as far as their actual costs incurred but bearing in mind that they are a small building society you can assume that it would cost a large organisation much less. Best of Luck - I'm not here as much at the moment as I'm job hunting but I'll keep my fingers crossed for you. Jackie

Update - went to court yesterday - Preferred tried to get me to agree to not go into court as they were withdrawing (we have now re-mortgaged) - I chose to go in as they had not complied with the order from the previous judge adequately. They (solicitors) had also tried to intimidate me by letter saying I will incur further costs. Since re-mortgage I have received lots of incorrect paperwork ("you still owe us £XXX please pay immediately) as well as lots of other dreadful mistakes which just goes to show how automated their systems are. The judge very kindly transferred the case to small claims - Preferred now have until 29th June to submit their defence to my original statement re: their charges and costs. The amount is £6,018.00 but judge was adamant it stayed in small claims. This now allows the existing paperwork to be transferred and I don't have to pay a court fee until AQ stage. AQs in by 20th July. Jackie If a Mod reads this could you please change thread title to "Jacqueline07 V Preferred" - many thanks

Thanks Louis - that does help. I suppose I make no reference to the pre-6 years until asked!! Jackie

OK - Nothing - nada - niente - I have given them more than enough time but not even a "thank you for writing - we are looking into your complaint". So my N1 will be done this evening. Going to have a good look round the Abbey forum though as I've been concentrating on mortgages for a while. This one includes claims over 6 years AND removal of a default. Wish me luck Jackie

Thanks Bona The order made by the judge was to be in by yesterday. I have just rang the court and they have not, as yet, received it, even though i have been charged for this work :o . I will be ringing every day now to check to see if they have it - unless they send me a copy as well. This involves detailed explanation of the solicitors costs. My remortgage also went through yesterday so I no longer have an association with Preferred. However, the court today told me that this didn't matter. I'm just wondering whether to contact Preferred now - or wait to go back into court - date sent for early June. Any thoughts? Jackie