Thank you DX.

Should have mentioned in regards to mortgage charges

Not 100% sure DX think it's 4.85 ish

Hi What is the best spreadsheet to use when working out unfair charges?

The court was never asked to consider these. I will wait to see what the SAR brings back

I didn't know this, I'll add this in to the total. I will also send off a SAR, I would have thought they would have charged interest on everything as the charges we capitalised into the balance

Hi Received a statement of account yesterday listing all transactions from account start to date. There are several £35 arrears management fees added to the account and various solicitors costs. The solicitor costs in relation to the most recent eviction were £250 on a previous occasion/eviction I have been charged upto £1100 and was never told. What would be deemed as a reasonable amount for solicitors costs? I am starting to think banks welcome litigation as they may profit somehow from kickbacks etc Should I send in SAR still?

Thank you DX. Will send off SAR in next few days, not quiet sure what to look out for though

Just come out of the hearing Ell-enn. The claimant solicitors were very persisant in proceeding with the evition but the judge was very sympathetic and granted a suspension. I really appreciate your help with this, felt like a rabbit struck by headlights all dazed and confused. I am going to SAR them as I don't think I have been treated fairly throughout the history of this account. When I first got into trouble in 2010 I had agreed a lump sum payment to cancel the eviction and then when I got round to paying the agreed amount they changed the amount to a higher figure. I am stuck on the same product since mortgage was taken out and because the TMB have ceased trading there are no alternative products for me to move to even though the interest rates have dropped to record low. Precious arrears were capitalised without a clear explanation and various charges have been added to the account.

Yes will do. Setting off now to submit my application to the court and get an emergency hearing.

Do I need to fill the statement of truth on the form itself or is that my witness statement

Thank you so much for this. Will need to tweak it slightly as they are willing to accept a lump sum payment and a sustainable payment towards the arrears. Does it cost £155 for the application

I do not know, I asked for a list of these charges yesterday with the arrears dept and they have requested this but can take 7 to 10 days for the information to be provided in writing.

Hi Ellis thanks for stopping by. 1. I can pay £120 towards the arrears in addition to normal payments. 2. 10 years left on mortgage 3. Full time employment with same employers since Aug 2015 3. 2 gorgeous children aged 8 and 12 4. Was suffering from depression and separation from Mrs. And also substance abuse. Have since reconciled with my wife and determined not to get evicted and have attended a couple off DAA sessions. I know this is last chance really but cannot get evicted as that would reply be the end of my marriage and the end of me. I have been on the phone to them throughout the day. Trying to get them to accept £120 towards thd arrears. I have set up a standing order for the normal and overpayments to take effect from same day as wages go in. Is the N244 Application £155 I can't even afford this was £35 Last time I did this. Thank you

Thank you for this. I have been attempting to get legal help but did not get anywhere with any of my local firms. Just to add i have been on the phone today to clarify my options. They say they will take a payment of £2700 as lump sum towards arrears of just over £6000 if i can pay before eviction date and an offer towards the arrears. I cannot afford a lump sum at all. I have proposed verbally on several occasions and Just to add I found out today it was an outright possession order granted in 2010. This is my 3rd eviction. They also mentioned they applied for the courts permission and also to execute the warrant on the same day and we're both granted but I was not notified by the court or had an hearing Not sure what to put on the n244 or what to include or not include in an i&e as I need to put my offer to them in writing

I have been up all night reading various threads but don't know what to put in the n244 format in regards to my situation Can any assist at all please. I'm at a complete loss here

I need some advice. I have an eviction date for 22/03/2017 only notified of the date today. I had a warrant of possesion suspended in 2010 due to mortgage arrears, I paid a lump sum and agreed to pay a monthly amount towards the arrears. I thought the arrears where paid off as I had a call in 2014 to state I have come off the arrangement and this is my new monthly payments. The arrears were not paid instead they were capitalised. I found this out today during a call with a TMB advisor. I have since missed a few payments in the last few months and the bank have applied for an eviction which has been granted. Did they need to apply to Court for permission to enforce a suspended possession order before applying for the warrant of possesion. Also anyone know how the capitalisation may help me stop eviction as I believe this may have been in breach of the FSA. I am also sure they must have added late payment, field visit and solicitor fees onto the balance too. TMB is part of the lloyds banking group who have had a judgement go against them not so long ago regarding capitalisation Going to apply to stop the eviction and need help on this the TMB have not accepted my proposal to pay the arrears and have insisted on a lump some payment. I will take time off work tomorrow to complete my application and ask the court for an emergency hearing. Are there any firms who may take on my case, my confidence in non existent. Sorry if this has been posted in the wrong place.

Can we see the judgement anywhere?

sorry for the late reply. I bottled it and didn't go to court. I now have a CCJ and recently proposed payment via a N245 and waiting on a reply.

Hi This account was in limbo for a few years passing from dca to dca and now it has re surfaced in the form of a statutory demand from lowells. I reclaimed penalty charges and ppi and payment was sent via cheque rather than set off against the balance. I'm hate going to court I got burnt a couple of times due to lack of courage and sever depression which I now have 2 ccj's for. I really want to fight this. I will be sending off a CCA request to Lowell today, is there anything else I should be doing in the meantime? Regards Pinny

Issue date was 12/03/2013. I think deadline is tomorrow but would like to get defence in today. My holding defence (which I have used from another thread) 1. I, (Name and address inserted) am the defendant in this action and make the following statement as my defence to the claim made by the claimant. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure rules. (Even allowing for the constraints of the bulk issue system) 4. No documents supporting the claim in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. 6. It is denied that I have an agreement with the claimant. 7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true. Signed Do I need to mention in my holding defence the fact that the claimant has not responded to my cpr 31.14 request? Regards Pinny

I'm not sure where to start with the holding defence. Is there a thread somewhere. Think my deadline is today if going by the 12/03/2013 issue date. Thanks

Hi Marloes Any updates on this? In a similar situation myself.

Was hoping to get it struck out due to no compliance with my CPR 31.14 request. Should I submit an embarrassed defence in the meantime? Robcag's thread is encouraging.. http://www.consumeractiongroup.co.uk/forum/showthread.php?241052-Irwin-Mitchell-NastyWest-overdraft-claim-***-Won-With-Costs***&p=3817823&viewfull=1#post3817823 Regards Pinny

Hi I have not received a response to my CPR 31.14 request, infact I have not heard anything from the solicitors since i received the claim form. I think I should be preparing a defence now or asking the court to strike out the claim. I am not sure how to go about this or when the deadline is to submit my defence. Can someone point me in the right direction? ThanksPinny