Letter objecting to a stay for mortgage claims

[zootscoot]

Dear District Judge xxxxxx

 

Claim no xxxxx

 

 

I note my claim has been listed for a hearing to decide whether to issue a stay on xx/xx/xxxx.

 

I would like to respectfully point out that my claim is in respect of Charges applied to my mortgage account. My claim is not concerning the recovery of overdraft charges on a current bank account. This claim is therefore not effected by the outcome to the OFT test case and should be allowed to proceed to its natural conclusion through the courts.

 

Mortgage charges differ to current account overdraft charges, insofar as there is a clear breach of contract. Under the terms of my mortgage I was required to make my payment by a specified date. In breach of this term I made my payments late and in consequence of this the Defendant applied charges to my account. There is thus no question of law regarding whether the charges are capable of amounting to a penalty, it is solely an issue of fact as to whether the level of charge is in fact a penalty.

 

Furthermore as there is a clear breach of contract there is no question about whether or not the UTCCR applies as it has been held to apply to default provisions in Director General Fair Trading V First National Bank plc [2002] 1 All ER 97

 

In the premises to relieve the court of the burden of hearing the issue of a stay in court, I respectfully request that my case is removed from the listed hearing and that it may proceed to allocation and listed for a full hearing.

 

Yours sincerely

[smutley]

http://news.bbc.co.uk/go/em/fr/-/1/hi/programmes/panorama/7034019.stm

 

this may be of interest to mortgage claims..... was on panorama tonight