Just to let you know although I am a pretty confident person I do know my limitations and will be taking with me my friends husband whose jobs have included investigation and sometimes prosecution of members of the Law Society and similar with the FSA so no stranger to court proceedings. juli99

Looking up the term Breach of Contract I came across the term Efficient Breach. Could this term be used. In my case and I suspect many others it was far cheaper to "compensate" the mortgage company and move the mortgage. The point being was the erc then a true reflection of their losses? Any comments gratefully recieved. JULI99

Thanks for that. Just submitted my AQ. Funny thing was there was a woman at the next counter attempting to stop the bailiffs coming in over a credit card debt. Gave her this web sites name, so I think one more member will be on her way. juli99

Sorry if this has been asked before. Just filled out my AQ have also printed off the Draft Order for Directions. 1. Does the 14 days start from todays date or from when the Judge replys saying "yes go ahead" so to speak. 2. Do I send this to the Defendant straight away or do I wait for the above. Thanks again in anticipation and sorry if this has been answered before juli99

Already up to my Allocation Questionnairre which has to be in by Friday. Zoot if you have time I would be ever so grateful if you could glance over my case. No missed payments just ERC which is worked out as Penalty Days x interest = £xxxx.xx Thanks in advance for any help given. JULI99

Good luck I will be watching with interest how "that" piece of paper is recieved.

Just filling out the final bits of my allocation questionnaire when I read Barry and Jamorgans' threads. I will be still going ahead with it all but just want to cover my bum as much as possible. I am not so bothered at this stage regarding the penalty arguement (am rooting for you Tamadus, when's your court date?) but would like to know is their a phrase/sentence/law term I need to use to ask them to formally disclose the costs that they have incurred for my breach of contract, (as per Barry's technicality.) Also I know this might sound silly but on the AQ the section where it says "Witness Name", I have put myself. Then it says "Witness to which facts" What do I put. I have no trouble speaking to complete strangers but filling out forms of any kind brings me out in a cold sweat and I have panic attacks and nightmares about them. JULI99

I am up to the point of sending in my allocation questionnaire. Probably will go to the fast track. I read Barry and Jamorgans thread with complete horror and hope they will both win the war after their setbacks. I am trying to work out how it will effect my claim. I did not have missed payments and I do have paperwork from the Abbey where they use the word penalty when calculating the charge. (Sent a copy to Tamadus.) Just want to know if I have covered all basis i.e is there a formal request I make on my AQ that makes them disclose their costs and losses that they incurred when I breached my mortgages terms and conditions. Good luck to everyone who is going to court in the near future. Big cosmic ordering of luck and kind judges to you all. juli99

Great post Paul. Might also put something in about the fact they have already called the charge a penalty. So really with everything else should be cut and dried. Although I am not counting my 14000 chickens yet. juli99

Well court bundle put together, all 117 pages of it. Glad I started early it took me nearly all last week to put together. (First one I've done). Still it's all good practice for my next case. Will make sure I do not run out of ink or paper or leave the machine to print off a huge swathe of documents whilst I go and have a cuppa only to find 30 mins later the paper got stuck on the first page and nothing happened. So see you on the 16th Sainsbury's Credit Card Services:D ???????? juli99

Just getting round to filling in my Allocation Questionairre and was wondering if I could ask for my claim to be heard in the small claims track even tho claim + Interest brings it to over £14k. (I can but hope) juli99

see abbey mortgage early redemption penalty? I'm claiming £14900 from Abbey Mortgages. Am up to the allocation questionnaire which has to be in by 2nd Feb. Help juli99

Can send you a copy. PM me your address. I've no idea how you put it on email or how you scan it. juli99

Just to add, I am going after them for prohibitive telephone call charges, letter charges as well as late payment and admin late payment charges for a bank loan, their defence being I do not have a credit card. juli99

Well I am putting together my court bundle and wondered if anyone can help me thru one of the final things before the court hearing. I have copied all my letters to Sainsbury and all there replys, the statements etc and know I need to print off The Supply of Goods and Services Act (1982) and Unfair Contract Terms Act (1977) Do I need to hi-lite the relevant sections and are there any other Acts, SI's that I need to copy. Help neede urgently juli99

Yes I have copies of credit agreements and nowhere does it mention anything about insurance. As for not notifying them earlier, my arguement is I knew I did not take out insurance and if insurance was then taken without my consent then they have commited an offence and should not profit from their criminal activities. The reason I do not look at my statements is because I cannot read them without great difficulty. My eyesight whilst never good is failing fast but I have to thank my girlfriend for taking over my finances. All I can say is I would hate to be on the recieving end when she gets started. At the moment the people giving me hassle are the ones I am actually paying. My mortgage company who I am not suing and up to date with have just sent me a letter saying my account has now been handed over to the solicitors with varying charges added. The January payment is not due until later on in the month but this letter said I was in arrears. The interest is added daily, they had taken 14 days interest, added solicitors fees, admin fees and what ever else they thought they coould get away with then added it all together. It came to approx 3 months mortgage and that was why they said I was in arrears. Thank god my girlfriend picked it up otherwise I really shudder to think what would have happened. I think it is the same with insurance, they try it on and see what they can get away with. juli99

Thanks for replying, Illegible copy of the application form sent after they had gone into criminal breach. (CCA sent 7th September, application form sent to me 15th November). Clock has well and truly ticked off. juli99

Wonder if anyone can comment on the following. Forgive me if I have not used the right terminology but if you can't get the gist of what I'm saying please just ask. If the Card Payment Protection Insurance was not set out on the credit agreement but was taken from day 1, would that mean the credit agreement was improperly executed and as such makes the debt nul and void. I am certain I did not ask for any insurance. I have three credit cards in this position where insurance was taken out from inception but was not "mentioned" on the credit agreement, and I know I did not ask for it. I know I should have noticed the insurance sooner but with so much going on in my life sometimes I didn't even have time to open my statements let alone read them. Anyone advise which route I should pursue. 1. Go for all the debt written off because of an improperly executed credit agreement. or 2. Just add the CPP + interest to my charges and claim back a lump sum. Many thanks juli99

Had a further look at the credit agreement and read around this site. Can I ask if the CPP insurance is not set out on the credit agreement but was taken from day 1 would that mean the credit agreement was improperly executed and as such makes the debt nul and void. I am certain I did not ask for any insurance. I know I should have spotted the insurance being taken sooner and done something about it but I didn't. In the space of two years my father was diagnosed with cancer, I had two children, my father died and I lost three jobs. Things have calmed down, found a good job and now trying to put my life back on a more even keel. I have three credit cards in this position where insurance was taken out from inception but was not "mentioned" on the credit agreement. Anyone advise which route I should pursue. 1. Go for all the debt written off because of an improperly executed credit agreement. or 2. Just add the CPP + interest to my charges and claim back a lump sum. Many thanks juli99

Can anyone give any advice before I commit to anything further, has anyone had a copy of their fully signed dated etc credit agreement from Barclaycard. (Did a cca to which they replied late with a illegible copy of my application form and a copy of "terms and conditions") I am in a quandry as to whether I should take the bull by the horns and ask for the debt to be written off/make a small offer to bring it all to a close. (Given the fact that if you take off the interest and charges it would bring the amount down by about 80%). Or Keep my head down and hope it all goes away. Personally I am in favour of the first option but I do not want them to produce the credit agreement at the last minute and go after me for the complete amount. Has anyone who has done a cca to Barclaycard had the application form then at a later date recieved the copy of the signed and dated credit agreement. juli99

Recieved copy of defence from DLA Piper today. reads like everyone elses defence. However please note when reading thru this I do have a copy of our "Details Of Product Related Charge" which clearly state that the early redemption charge bit is called a "Penalty Period" 1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the Particulars of Claim. 2. It is admitted that the Claimant has a mortgage account with the Defendant, reference XXXX ("Mortgage") 3. At all times the Mortgage has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when he took out the Mortgage. The Defendant will refer at trial to the full Conditions. 4. It is admitted that there was a term of the contract, agreed by both parties, which made the Claimant liable for a charge in the event the Defendant chose to redeem the Mortgage early. This was a core term of the Mortgage referred to in Mortgage documentation as a product related charge ("PRC"). 5. The Claimant chose to redeem the Mortgage early, and pursuant to the terms of the Mortgage, became liable to pay the PRC to the Defendant. The PRC was duly calculated in accordance with the terms and conditions of the Mortgage, and was paid by the Claimant, in accordance with his contractual obligations. 6. The PRC is the price which the Defendant charges when the Claimant exercised his right to redeem the Mortgage as such it is not an indemnity because it does not indemnify the Defendant against any liability it incurs to another person. Accordingly, to the extent that the claimant relies on Unfair Contract Terms Act 1977 ("UCTA"), it is expressly denied that UCTA applies to the PRC 7. To the extent that the Claimant relies on the Unfair Terms in Consumer Contract Regulations 1994 and 1999 ("UTCC") it is expressly denied that the UTCC apply to the PRC. 8. In the event that the UTCC do apply to the PRC then the Defendant contends that: 8.1 The UTCC stipulate that certain contractual terms may carry a presumption of unfairness and could be subject to an assessment as to their unfairness because of their nature. 8.2 The UTCC state that an assessment of the fairness of any term shall not apply to terms relating to the price of the product. The PRC the Claimant was required to pay was directly referable to the actual price of the product offered and as such the Defendant maintains that the UTCC does not apply and the terms are not subject to an assessment, nor does a presumption of unfairness arise. 8.3 In the event that the UTCC did apply and the even if the PRC was subject to an assessment the PRC would not automatically be deemed unfair. The whole of the circumstances whereby the Claimant agreed to take out the Mortgage would be taken into consideration. 9. The Defendant contends that the following circumstances in which the Claimant entered into the Mortgage do not render the PRC unfair should the PRC be subject to an assessment under the UTCC. 9.1 The Claimant was aware of the terms of the PRC prior to entering into the mortgage. 9.2 The terms of the product were set out with sufficient clarity as to be clearly understandable and with sufficient certainty so as to enable you to be aware at the outset of the amount you would pay on early redemption. 9.3 The Claimant would have been free to select other products which carry a lower PRC or alternatively, to select a basic mortgage at standard variable rate which does not carry a PRC. 10. The Defendant contends that the common law of penalties only applies to sums of money that are expressed by a contract to be payable by a party in the event that that party breaches the contract and, since the Conditions did not expressly or impliedly oblige the Claimant to retain the mortgage until the end of the discount period, the Claimant's early repayment was not a breach of contract. Accordingly, the PRC cannot be deemed to be a penalty and/or unenforceable. II. In addition, the PRC cannot be considered as a penalty, as it is a charge designed to cover the cost to the Defendant of funding the product on early redemption. It is therefore calculated to compensate the Defendant over time and on average, for the cost of early redemption. Accordingly it is a genuine pre-estimate of loss suffered by the Defendant as a result of the Claimant's decision to redeem the Mortgage early, and, as such, cannot be deemed to be a penalty and/or be unenforceable 12. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same. The Defendant believes that the facts stated in this defence are true. JULI99

Before I commit to anything further, has anyone had a copy of their fully signed dated etc credit agreement. I am in a quandry as to whether I should take the bull by the horns and ask for the debt to be written off/make a small offer to bring it all to a close. (Given the fact that if you take off the interest and charges it would bring the amount down by about 80%). Or Keep my head down and hope it all goes away. Personally I am in favour of the first option but I do not want them to produce the credit agreement at the last minute and go after me for the complete amount. Has anyone who has done a cca to Barclaycard had the application form then at a later date recieved the copy of the signed and dated credit agreement. JULI99

Take a look at the balance Moorcroft have as owing. I only say this as I have two debts that have been handed over to Moorcroft. Both balances they have as outstanding are wrong by £100 and over £3000. juli99

Filled out the form and sent it back to Tax Credit office. Taking into account the amount they want back is supposed to be all of our tax credits from April 06-Sept 06 I was suprised and confused at the contents of the letter we recieved back from Tax Credit Office We wrote to you on the 3 January 2006, and fully explained the reasons for your overpayment for award year 2006-07. Your overpayment occured because you returned your annual declaration (S17) incomplete. Under the Tax Credits Act s17, we are required to send award notices to all Tax Credit claimants, who have been awarded Tax Credits for the whole or part of the tax year. If the details are incorrect, incomplete or have changed, including changes in income which will effect the amount of tax credit payable, the claimants must respond to the notice so the amount awarded can be checked and finalised. We have looked at our decision again etc etc saying basically we are right and you are wrong so pay up. If as they say we were told there was going to be an overpayment in January 06 why did they continue to pay us? I then recieved another letter from Inland Revenue which even more confusingly reads We issued an annual declaration to you on 19 April 2006. This information was returned incomplete because you informed us that you wished to report a change in your circumstances, but we did not recieve any more information about this and we fialised your 2005/06 Tax Credit claim based on the information we held on our records at 31 August 2006. This means that your Tax Credit award was ended and you were not entitled to the payments of £xxxx.xx, which you recieved for the year 2006/2007. It then goes on to say that there is no right of appeal and the decision is final. I am totally confused as the two letters seem to be at odds with one another. First saying I was informed of the overpayment on 3rd January 2006 and the other saying the form which they basically based the overpayment on was not sent to us until 19th April 2006. I know the reason for our change of circumstances was written on the form and so no more explanation from us was needed. Help I am completely confused with there explanations and petrifyed that they will come after me for this money which I have not a hope of paying back. juli99

Could those that are a bit more legally minded than me give their thoughts on this course of action. I sent off my cca request back in early September 06. I heard nothing from either CSL or Barclaycard within the 12 working days, and nothing from them within the following 30 days. I then received from both CSL and Barclaycard an unreadable copy of my application form which they stated was my credit agreement. As they have "committed a criminal act" because they did not send me the documentation within the required time frame and because as a criminal they are not allowed to profit from me, and so are unable to charge interest, can I make an offer to pay the balance outstanding less any interest they have charged in the past. Would they be forced to settle for this and if so which laws/acts would I quote? Otherwise any suggestions would be gratefully recieved. Bare in mind I asked for my statements. Like everyone else I only recieved some of them. I asked for my Credit Agreement and the date I opened the Account. I recieved an unreadable application form. I do feel with Barclaycard I am beating my head against a brick wall. Many thanks juli99 PS The man at my post office was so interested he has joined too.