9th Feb 2020

comes back "Case number invalid or not found on the public Register"

When I filled out the Admission form N9A under the section "where to send the form" If you admit the claim in full send the completed form to the claimants address shown on the form as one to which documents should be sent. This is what I did but never received anything back from the courts by way of a CCJ only correspondence from Shoosmiths.

Hi Andy, I admitted the claim with the offer of payment

Very much like most people I fell into debt after my wife suffered a prolapsed disc and was unable to work for a long period of time during that I relied on credit cards to get us by. Shoosmiths LLP issued a county court summons over a credit card debt for 3k I sent them all documents supporting why I fell into debt and an offer to pay this off at £2 month with a review. First this was excepted in principle providing their client agrees to these terms but I just received this letter:- please note our clients instructions are to continue with legal action and secure the outstanding balance by way of a charging order over your property. The charging order would only affect your interest within the property and should any funds be released though sale or reportage our client would be repaid from any surplus monies arising after pre-existing securities are paid. Our clients instructions are to secure the balance over your property, to ensure that they can accept and monitor affordable repayments each month, whilst holding security by way of an asset. Please note that this is not an application to order the sale of your property. We confirm that a charging order is granted at the courts discretion. To prevent further legal action at this stage our client requires an increased monthly offer of repayment which will clear the debt within a time frame they deem to be reasonable. Please note if you are unable to make the required payments =, we will review your offer of £2 a month with a view to accepting payments to run in conjunction with the Charging Order over your property. 1. I thought they can only apply for a charging order if I defaulted on a CCJ? 2. My offer was what was affordable with a chance to review should have been acceptable? Cheers Kev

over four weeks have passed and we haven't received a response from Blemein Finance so it looks like we are going to MCOL. I found dx100 "Particulars of Claim" template which is brilliant as usual but there is also a guide to filling out the claim form on the MCOL site can someone send me the link, thanks

I have adapted the lbaand it reads like this: Dear Sir/Madam, CARD/ACCOUNT NUMBER: ***** We now understand that the regime of fees which you have been applying to my account in relation to late Payment Fees, Dishonoured Receipt Charges, Telephone Charges, Letters, Buildings Insurance, Monthly Charges and its interest charges, are unlawful at Common Law, Statute Consumer regulations also Unfair Terms in Consumer Contracts Regulations (UTCCR). We would draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. We calculate that you have taken £3806 in charges and we also claim restitutionary interest of £5230, making a total of £9036. We enclose a Schedule of Charges listing the amounts that I require to be repaid. We require repayment in full of this money and if you do not comply fully within 14 days, We shall begin a claim against you for the full amount plus interest, plus our costs, without further notice. Have I missed anything or can I send it?

can I have a copy of the mortgage LBA, I have really tried to look for a copy on the forum but when I click on the link it comes out on this page https://www.consumeractiongroup.co.u...rk-in-progress

Found this:- 5 MORTGAGE ARREARS CHARGES Mortgage Arrears Template Letter http://www.consumeractiongroup.co.uk...emplate-letter Mortgage charges and other unfair treament Particulars of Claim template http://www.consumeractiongroup.co.uk...Claim-template Categories: Library materials then got this:- webbscatering, you do not have permission to access this page. This could be due to one of several reasons: Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system? If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation. You may not have sufficient posts to permit you to carry out your intended action. What Happened?

Okay my apologies DX no more quotes. The LBA link goes straight to " Small Claims actions in the County Court FAQ - work in progress" page and there is no LBA template so I'm guessing go straight to small claims?

Okay cheers, I'm guessing the next step is LBA? if so can you send me link to the draft

I've gone through the SARS pack and scanned the letters relating to these charges and there is no mention of us requesting the return of them but there is references where we have said that we are not happy with the charges they have applied, would this be a valid argument to proceed with?

thats exactly my point no conversation took place regarding the return of the charges before or after the court case. I have a bumper pack sent from my previous SARS request and I cannot find anything that would suggest i asked for the charges back. Their last letter is full of BS as it states the charges are correct because their tariff says so...oh whoopi Doo. There is no mention of "Unfair Terms in Consumer Contracts Regulations 1999" I wonder why? obviously it wouldn't because I never spoke to them about it as this would have been my first point of argument, so I know I didn't have any conversation with them regarding late payment charges. I'm going to write a letter in the next couple of days criticising the stupid letter they sent me

ahh yes I remember this now, I never got anywhere with my complaint about the building insurance. To cut to the chase whilst we had a repossession hearing in 2010 which was suspended we asked the judge if the payment dates could be changed from the middle of the month to the end of the month he said that was a contractual issue therefore he was not interested. These clowns would not change the dates without a Variation order... the Variation order was pointless as this was to change the terms in a contract not particularly applicable to changing payment dates. After all said and done they did change the payment date without a Variation Order after we agreed to pay an extra amount to take the payments to the end of the month. They did not at anytime offer to do this whilst we asked them previously therefore they knew adding late payment fees would amount to a nice tidy sum for them. I'm going to write to them and ask for a transcript of the phone call and letters which suggest that I asked for the late payment charges back because if I'm right they anticipated that I might go after the charges at some point and thats why they put it in the final response letter.

we have never put a a claim in for the return of the charges this is our first attempt so I don't know what they are on about. We did ask for the building insurance to be deducted from the account because this was taken out without our consent and we had a policy in place, thats the only time we asked for a refund of any sort. This is the first time we are asking for the charges for late or missed payments altogether totally different to the building insurance cost they added to the account.

Received a response regarding my request for a return of the charges, I'm guessing this is a standard letter and I should now send the LBA? 2018-09-12 Together Reply to Charges Reclaim Letter.pdf

can someone send me a link for the Letter before Action template to get back bank charges for unauthorised overdraft, bounced cheques, direct debits ...etc many thanks Webby

okay will do

these charges were levied between 2003 to 2008, can we still claim?

I had a reply email from Bristol Courts: Dear Webbscatering, Thank your for your recent email. Unfortunately it is down to the parties in these circumstances to obtain the outcome of the Appeal Test Case and then update the court accordingly. Kind regards. Jeannette Perry Civil Division Bristol Civil & Family Justice Centre 2 Redcliff Street Bristol BS1 6GR can anyone give me a suggestion on what I should do next, thanks

Found the documents and claim numbers concerning this case, it would appear on the 10th June 2008 the claim was stayed, I sent out the appeal letter on 10/2/2009 to have the Stay lifted on the grounds of hardship which was kindly put together by Martin3030, to date I have no recollection of any correspondance from the court or Natwest. What is my best course of action or my options now?

Going to chance my arm and go after the charges they applied to my mortgage back between 1991 to 2003, this was before we changed to Santander so they are no longer our mortgage lenders. I'm not holding out much success with this company:-x Back in 1991 we were badly mis-sold a mortgage with a five year fixed rate of 12.9% and informed that rate would remain at the level after the term ended. How they lied to use soon after the recession hit the mortgage rates dropped to 5%, this crippled us to breaking point.:-x:-x

the interest rate we are claiming is 11.10% so this has put our claim up to £8300. The loaded gun seemed all to real, whereas our prime lender Santander capitalised the arrears and ripped up the possesion order, I know it added to the longevity of the mortgage but still it helped me not worry if things go pear shaped.

Just before I send off the letter and CIS sheet just want to make sure that the letter above is the correct one, and has anyone had much success with the company by way of getting back their charges? This got me thinking, about 9 years ago we had a repossesion order, we complied with the terms of the possesion order to continue paying the loan plus an additional amount to cover the arrears. In 2015 we cleared the arrears and have not missed a payment since we asked for the possession order to be removed but Blemein refused claiming they can use it any time without having to go to court should we have problems. Can they still hold a loaded gun to our heads even though we complied implicitly with the order to clear the arrears?

Can I re-open this one? I cannot recall having heard from the Courts regarding the stay or if its been kicked out but its been about 8 years since the last time i done anything with this case