Hi Morgy Great to see you're still battling on with this, you really are one brave fighter. I ended up dropping my claim, so I'm right behind you on this one & I'll contribute cash when a fund is set up too. Best of luck Ellielou x

Hi All It pains me to say it but I've agreed with Kensington to drop the claim - too risky at the present time. However, on a good note they've agreed to each party bearing their own costs - so altogether it's cost me £350 - nothing ventured nothing gained Many thanks for everyones help with this. Ellielou

Just an idea (& I'm really no expert) but does your documentation say that if YOU wish to end the mortgage early than you have to pay the ERC - therefore if THEY wish you to repay it early you wouldn't be liable for the ERC. Also, is there not some kind of legislation relating to the selling on of debts? Your contract is with GMAC, so can the new company enforce GMACs rules. I have no idea - just thought I'd throw a few things in the pot that could possibly lead to something. Sorry I can't be of more help. And, it sounds to me as if your FA has changed pages of your application after you've signed them! - although proving that would be difficult. I'll speak to the other half & see what he says - he's a fraud investigator!

Hi Maroon I'm not sure off the top of my head but will have a look tonight & post tomorrow. Ellielou x

I think Halifax are just giving you the difference regardless - my mortgage with them was finished July 2000 - so over 6 years ago.

Thanks Zoot. Just called the Halifax & I'm entitled to the grand sum of £10!!! Still better in my pocket than there's lmao.

Hi I've looked around the site because I know I've seen the info somewhere but can't find it now. Could someone tell me how far back can we go with the mortgage exit fees claim - is it 6 or 12 years. I completed a mortgage with Halifax in 1997 & Direct Line in 2005 - just wondered if I could claim any exit fees I paid. P.S. I mean exit fees not ERC's. Many thanks

I've received Eversheds response along with a copy of their disclosure list - which only includes documents relating to my mortgage, offer letter etc but no case law! They have also declined my offer to settle for the ERC minus any legal & interest (no surprise there really) and they have also sent me an estimate of thier costs along with the line that I may wish to withdraw my claim after looking at their estimated costs. To date they are £1,000 however they estimate the whole claim costs to come to.................... wait for it................ £20,800!!! My court date isn't till June 2007 - should I call it a day now or is it worth carrying on. The fact that they're trying to intimidate me with the costs makes me want to stand up to them, but shall I stop this battle now & hope for victory in the CAG war?

Well done Les, really pleased for you. x x x

Have a look at this link, it gives you information of what to do if you are being harrassed by creditors. UK Debt Advice - Harassment by Creditors I'd also make speaking to the CCCS a priority, as this charity is funded by the banks they usually chage thier attitude if they know you are trying to sort things out & the CCCS show them that you are. CCCS - sheracer I can totally sympathise with your situation having been there myself & found the CCCS to be fantastic in helping me dig my way out of the hole I found myself in. They will help you do income & expenditure & work out how much you can realisticly afford to pay your creditors weeky or monthly. The creditors have to accept any reasonable offer. Hope this helps ellielou

This is harrassment! Make a note of all the calls, the times, if you spoke to anyone & who they were & you can report them. That's is were my plan goes a bit wonky - I'm not sure who you report it to, but I'll try & find out & let you know. Don't be scared by these people - they're just bullys. Hvae you heard of the CCCS it might be worth speaking to them to make arrangements to pay your creditors. ellielou x

Glad to see you're still fighting Morgy Get your paypal account on here & let us all help you out. Without you and others having got as far as the courts, the rest of us wouldn't be where we are now - LET US ALL HELP. X

Maroon, really sorry to hear how things have gone. I have no idea how much is in my paypal account but the contents are on the way.

I have a approx date within a 3 week window beginning mid June at Warrington County Court.

I sent the letter to Eversheds last week - no reply yet! I'll let you know when I hear from them.

Nothing ventured nothing gained eh Paul? I think you've made the right decision. Glad you've managed to get out of it without having to foot thier costs.

Wow Zoot - great to see you gearing up the troops. You can count me in - happy to do what it takes - just let me know. Let's go get 'em

I've drafted this - any comments would be greatly appreciated. Dear Eversheds RE Thank you for your letter dated ****** requesting a one month extension to all dates specified in the Allocation Notification. I am happy to agree to this extension as I understand Kensington Mortgage Company failed to pass the notice on to you and therefore you were unaware of the deadlines. May I also take this opportunity to inform you that I will shortly be issuing a CPR Part 18 request for Kensington Mortgage Company to reveal how the 5% Early Repayment Charge figure I paid represents their actual costs. I note that Kensington Mortgage Company's Defence consists of little more than a reiteration of their Mortgage Terms and Conditions and the incorrect assertion that I did not break my contract with them. The claim currently amounts to £6,441.97 including costs and interest calculated at 8%. Interest on the original sum is accruing at a daily rate of £1.26. With the above in mind and taking in to consideration that a growing number of early repayment charge claims have been settled recently. As a gesture of goodwill and in accordance with our duty under the Overriding Objectives of the Civil Procedure Rules, I would be prepared to waive the interest and court fees which have accrued to date and accept an out of court settlement from your client of £5,737.29. I look forward to your response in due course.

Thanks for the info Paul - it's very much appreciated. x

Received a letter from Eversheds stating that they have only just received allocation notification from court and are therefore requesting a months extension to each deadline. I'm going to agree to this - as I feel it would be unreasonable and unwise to do otherwise. However, I was also thinking of informing them in the same letter that I intend to issue a CPR Part 18 Request to obtain Kensingtons true costs and offering them the oportunity to settle the case now with words along the lines of paulpb123's "As a gesture of goodwill and in accordance with our duty under the Overriding Objectives of the Civil Procedure Rules, I would be prepared to waive the interest and charges accrued to date and accept an out of court settlement from your client of £5,737.29." What do people think? I have a court date in June so have plenty of time to get myself together for a court appearance but would like to get this settled earlier if at all possible. Any comments would be really appreciated. Ellielou x

Thanks for the support Paul, I just want to make sure I get every angle covered. My claims already been allocated to fast track but with a hearing date sometime in June - do you think it's worth submitting a CPR 18 request? Kensingtons sols have asked for a months extension for all dates due to them only just receiving allocation notification. I was thinking of agreing to this but also advising them I would be issuing a CPR 18 Request to gain Kensingtons true costs but would be willing at this stage to settle for ERC minus interest - kind of what you did really. Worth a go do you think?

So sorry to hear about your mum Les. I feel this is the only and the right decision to make. All the best. ellielou x

Maroon Really gutted for you. So sorry. Ellielou x

Hi Paul I too feel I'm that far down the line now I want to see it through. Could you tell me a little more on the disclosure issue - I'm not sure what it is, how to get it and if I've already done it I'm not doing too well am I really. Thanks x

I'm definately in - am I too late? I'm not on line at home at the minute (dispute with Talk Talk) so only just read the thread. Ellielou x