Further update Received letter from court adjourning hearing until 19th October. Judge directed NR to provide further information to me and the court regarding their evidence to oppose my set aside application. It would appear that their opposition submission just referred to their original defence. The judge has deemed that this is not acceptable so they have until 28th September to submit the extra information.

Further update, The district Judge has again struck out my particulars upon application from Northern Rock. I am now finding the whole affair very stange. The DJ accepted the particulars of claim after the first strike out and then allocated to the small claims track. The latest strike out came as a bit of a surprise. I have decided to fight on as I believe I have discovered a fatal flaw in the original contract. Consequently I applied to have the second strike out set aside.I pointed out key errors in Northern Rocks defence which will have prejudiced the strike out decision. I am pleased to say that the DJ has granted a hearing for my application which will be 30th August. I believe that if I can get the strike out set aside then it is likely the claim will ultimately succeed as well. I will keep the forum posted - especially as to the flaw in the contract which may help other possible claimants. I will post more details if the set aside hearing is successful. Fingers crossed.

Update for NR claimants, Just a quick update for anyone interested- my claim against NR is still proceeding despite a brief setback. My particulars of claim were struck out prior to allocation by the DJ on the courts initiative but he gave me 14 days to make an application to have the strike out set aside. I filed an application with the very kind help of Zoot. At the application hearing NR fielded a barrister but despite their objections the DJ allowed my application and allowed the evidence in support of the application to stand as the new particulars of claim. He also allocated the claim to the small claims track. He gave NR 21 days to prepare a new defence which they did on the last day (27/6). The hearing is scheduled for 15th August . In relation to the original claim he did comment that it was his belief that using MCOL for such claims was inappropriate as the limitation to number of characters and lines did not allow sufficient information to be included. This was why he struck out the original POC. Latest- NR have submitted another strike out application - these guys seem to be trying very hard to avoid a claim hearing.

Hi Joseph, I have issued a Money claim online which has been served on the landlord - He has not yet acknowledged the claim or filed a defence. After 14 days if he has not respondedI can request judgement by default . Will post any updates as and when. Jill

Hi , I am looking for some help in trying to recover some of my deposit. My landlord is withholding £520 of my deposit bond. He has given me a return of bond statement detailing the costs to put right the alleged defects he lists. At the pre and final inspection his lettings manager inspected in the property in my presence . At the pre-inspection she indicated that there were some scuff marks to the magnolia emulsioned walls but that if I purchased a touch up pot of paint and painted them it would be OK . This I did and at the final inspection she indicated everything was fine , I specifically asked about the carpets and her comment was that they exhibited just fair wear and tear. I was very shocked when I received the letter saying I would receive only £305 the balance of the deposit subject to signing my acceptance of the retentions ( £520). I wrote to him saying I did not accept his report - told him what his lettings manager had said but also pointed out that he could not impose conditions on the return of my money. At this stage I gave him 14 days notice of my intention to make a county court claim. I also told him that I had lots of photographs taken at my exit from the apartment. His response is that he does not accept any of my comments and disputes my version of events at the pre and final inspection visit.He did however pay the £305. MY question really is what particulars of claim do I use for my MCOL - which statutes or regulations do I quote to support my claim. There is also another issue I need to claim about as well - When I moved into this flat which was a brand new 2 bedroom apartment on the top floor - the second bedroom developed a bad ceiling leak immediately. I was unable to use the room for 6 months whilst they attempted to repair it. They also installed a industrial dehumidifier which ran continuously for 6 months. After complaining I received a written undertaking from the lettings manager that they would pay compensation. They have not honoured that commitment. I would like to claim the difference in the rent for a one bedroom flat and a two bedroom flat for a period of 6 months - and also a contribution to the huge electricity bills I received. I do not believe I am being unreasonable but I believe the only way to get anything back is via the small claims court . So anyone with any advice on how to phrase my claim would be most welcome - or indeed any other advice to help me get my money back. Jill

signed

Hi Pscylo, Thanks for that - I actually want this to go to court now as I think I have a better than even chance of winning which considering what NR have to lose against what I have to lose is an excellent bet. Cheers Stig

NR update. Northern Rock have now filed a defence against my claim for repayment of ERC and Mortgage discharge fee. They have indicated they do not want to negotiate a settlement. I am on the point of returning my AQ - which should be small claims so I am going to give it my best shot. Zoot any comments on their defence that I emailed you ? Stig

Hi Homee, Been following your thread very closely as you are a few days in front of me. I am slightly different in that NR have corresponded with me throughout and have acknowledged my claim . They have not yet filed a defence though. I still believe that these claims have merit so I have asked NR if they would consider settling prior to filing a defence (or defaulting). Why did you decide not to negotiate with NR using their default as a bargaining tool? Up to date NR have never filed a defence against ERC claims (to my knowledge- I stand to be corrected). I would be grateful if could pm me with your thoughts. Thanks Stig

Help and advice please, All the current advice appears to be cut and run. Bearing in mind that my case is most likely to be small claims ( ~1.4K) for an ERC and Mortgage discharge fee do I stand to lose more than my claim fee of £120 if NR decide to defend. At present they have only acknowledged the claim but no defence has been entered yet. They have until 21/2 to do so. Would I be better contacting them now and try and negotiate a lower settlement or should I try my luck in court? Up until recently I believed I could not lose. The ERC period overhung the discounted rate period by over 4 years and published commissioned research for the OFT concluded that there can never be any justification for overhanging charges. I did redeem in the last year so some 3 years after the reduced rate finished. I also have a published document provided by the lender at the outset of the mortgage where they refer to ERCs as penaties. Thanks in anticipation Stig

Hi thehomee, I am currently at a similar stage to you but NR have acknowledged my claim and indicated they will defend . They did this within one day of receiving the MCOL. Have you checked the MCOL website to see if they have acknowledged-If so this buys them an extra 14 days. Remind me are you claiming bank charges or an ERC? Stig

To Mods, Bearing in mind what happened to Barry is there any advice for people who have issued MCOLs in relation to disclosure requests? Northern rock have indicated they will defend the claim but have not entered a defence as yet. They have until 21st February to do so . Do not want to jeapordise my chances on a technicality. I know Barry was not actually at an ERC hearing but what is the position? Stig

To all others regarding Northern Rock ERC claims, MCOL was deemed served on 23/1- NR acknowledged claim on 24/1 indicating an intention to defend all of the claim. I replied to their no breach letter with Zoot's No breach masterpiece. I am quietly confident that with the support of this site and actual Northern Rock literature referring to ERC's as a penalty I will win if it goes to court. All the breach arguments are very persuasive and the fact that the penalty period overhung the fixed rate period by over 4 years ( bearing in mind the OFT's stance on this issue) bode very well. Any comments or further advice most welcome. Stig

MCOL has been issued - will be deemed to have been served 23rd jan. LBA received by NR on 3rd Jan . NR replied again today with a letter dated 16th Jan but envelope(retained) postmarked 18th Jan . Letter standard no breach argument - ERC core term of of contract blah blah !! Interestingly NR made an offer of £110 towards Mortgage discharge fee . I will not be accepting this offer. Do I have to respond to their letter?? Thanks Stig

No positive response from NR other than NR invoking their internal complaints procedure -yawn !!!- so MCOL issued - lets see what happens next. Stig