Hello can someone offer some advice please with reference to the following fiasco! Last year my husband (in my car) inadvertantly drove in a bus lane within the London Borough of Southwark, I received a letter from them informing me of the incident, I replied saying that someone else was driving the vehicle. This morning a bailiff from Davies Enforcement knocked demanding £433.16 from me, not my husband. He was asked if this could be paid by instalments, he stated that it could not and should he have to return again the amount would be at least £672.53, my questions are: Do they have to accept instalments? or do I have pay the whole amount immediatley?

Zoot can you clear just a little PM space for me please I just want a tiny bit of advice on something as we are in Court with this case on Thursday!!

I am pleased to say I can finally say this case is settled This case has dragged on much longer then needed in my opinion We obtained a judgement back in June against Northern Rock as they had failed to comply with the judges directions They (as expected) put in for a strike out application and we have since had to sit back and wait for a court day. Last week we were informed that the court date would be last Friday, and suddenly Northern Rock agreed to settle (for slightly less) on the grounds that it would cost them to much to defend I was glad to settle to be honest as this has been a very long drawn out case, were I believe they played the legal system to thier time and advantage But thankfully its now over

Hi CM, I found the information needed, Nothern Rock state: In the first month when a mortgage account falls into arrears at least one letter, and sometimes up to three letters are sent to the customer. In the second month, further letters are sent out enclosing documents from FSA. In the first and second months, the arrears charge is £25. After the account has been in arrears for two months, counsellors can be sent to visit the defaulting customers. Once the account has been in arrears for three months, the defendant may being proceedings although this depends on individual circumstances. Once the account has been in arrears for three months or more, the arrears charge is £55. During the period in which an account is in arrears, the defendant contracts the customer continually by telephone and by letter in order to determine the reason for arrears, to negotiate repayment of the arrears and to bring the account up to date. All this requires the defendant to employ staff especially dedicated to this task and to pay for the attendant costs of doing so. I think in order to get a correct figure you will need to look back at the statements and see how many months you missed. Bearing in mind they will state that once into the three months the charge will be upped. But basically as I read it for the first 3 months it the costs of a couple of letters and telephone calls - of course into this they will factor the cost of the staff and probably the costs of the facilities required to do this. But into the 3rd month and the costs rise but they dont appear to do much differently from the first three months :S Except trying to explain that this is done continually!!!! So maybe a little more for these charges but not a lot I would say. Hope this Helps

Hi CM, Sounds like you had a great day in court The reason there is very little on NR is because they are quite intimadating in the way they reply to the claim, few of the people that claimed on here were paid before they ever got to court and therefore it would mean that neither won or lost. As for the reasonable costings - I have what they claim is the resonable costing for the arrears charge And from the "little" information that they have actually supplied you should be able to use that to get a good indication I will try and PM to you (but just have to sort out the kids dinner first....lol) I definately agree that they do read these threads - as some of the information once mentioned to me was directly posted on a thread I wrote!

CM, Please dont worry you are doing everything you can at the moment If the judge hasnt answered the question of the directions before the hearing you will be able to ask, I did exactly the same thing at my allocation hearing and he issused Northern Rock with the directions there and then. Hopefully though you will hear sooner then that

Ok just bumping as really need an answer to this one Also although they say they will produce evidence we have recieved nothing breaking down the costs.

I to hope the outcome is what you wanted

Thought I would update and gain a little advice from you guys: We were transferred to the Mercantile but the paperwork was lost inbetween courts. It now transpires that Mercantile will no longer accept bank charge cases and are sending them all to the London County Court. As you may remember we were issued with the directions from this forum, we completed the bundle and sent in the information. As of Last Friday none of the courts that had dealt or was dealing with the case claimed to have received a defence. So this week the case went in front of Judge Mackie QC. He replied that because the paperwork was missing he was unable to pass a judgement but recommended that we correspond with Northern Rock and informing them that because of non compliance we considered the case struck out and required payment. Sent them an email, only to be informed that the defence had been sent to the London County Court of the 12th June. Now the problem we have is that the order required the defence to be in on or before the 10th June. They were also required to breakdown costs but the only thing I can find in response is this: "The defendant will adduce evidence to show that the charges are a genuine attempt to estimate in advance the loss which the defendant would be likely to suffer. In the first month when a mortgage account falls into arrears at least one letter, and sometimes up to three letters are sent to the customer. In the second month, further letters are sent out enclosing documents from FSA. In the first and second months, the arrears charge is £25. After the account has been in arrears for two months, counsellors can be sent to visit the defaulting customers. Once the account has been in arrears for three months, the defendant may being proceedings although this depends on individual circumstances. Once the account has been in arrears for three months or more, the arrears charge is £55. During the period in which an account is in arrears, the defendant contracts the customer continually by telephone and by letter in order to determine the reason for arrears, to negotiate repayment of the arrears and to bring the account up to date. All this requires the defendant to employ staff especially dedicated to this task and to pay for the attendant costs of doing so. Father, given the number of customers who have mortgages with the defendant, it is impossible to estimate precisely the likely loss in each case but the charges are a genuine attempt to do so". So do we ask for judgement on the fact the defence was late, or would this be viewed as being unreasonable and therefore turned down. Or should we also use the costs issue, as I dont know if the above actually constitues a breakdown. Any help would be much appricated

Im dealing with Northern Rock and they did exactly the same to us at the beginning. Once you have answered this one they send another one wanting more information Then they will put in for strike out. I will try and find the reply that we sent to Northern Rock for this. But if they are sending out the Part 18 there is nothing stopping you from sending the same asking for a breakdown in costs That way it answers question 3 to

Zoot, I really need some help can I please PM you?

Thought I would update quickly as we had a hearing today with Northern Rock. Bascially the strike out NR had asked for was rejected. The draft directions are to be used as the directions for the case. And the judge has transferred the case to the mercantile court. Zoot have tried to PM you but you are full, can you spare a little space for me please

Both these claims are for charges only, we were going to try and reclaim the ERC later in the year as the Kensington ERC is over 9000 Kensington is for £1000 Northern Rock is for £2000

Hi Zoot, Nothing has been happening The claim is with the Judge and he is still looking at what track the case will follow I did ring the court as I had heard nothing and was told we may not here until Febuary as they were busy :( Our Northern Rock case is also still there awaiting a decision - though I did today receive a letter from them stating they are going for a strike out due to lack of information in the Part 18 Request!! I have been reading the forum though, and im seriously considering sending both of the companies a Part 18 myself for a breakdown of the charges - any thoughts on this??

Hi again Well we just phoned the local court to see how long the cases are progressing. Also was worried as we had not received a copy of the AQ from NR. Was astounded to be told that they only received the AQ yesterday!!! Surely it should have been in the same date as our (13th Dec.). Is there anything we can do about it being so late??