Mortgage case being put to multi-track???

[zootscoot]

Looks good

[borgbaiter]

ta zootscoot

 

 

i liked the way that letter ended up. no response tho. guess i expect too much in thinking they would give any.

 

 

Borgbaiter

[borgbaiter]

hi all

 

had a responce from the court.

 

"I refer to your letters both dated 1st May 2008 which has been referred to the District Judge. He has no comment to make

 

 

yours faithfully

 

 

xxxx

Listing Section

Ext xxxx"

 

no responce from anyone else. so still in multi track not much else i can do now.

 

 

Borgbaiter

[borgbaiter]

hi all

 

have just been going over previous posts. i noticed the fees link and nearly fell off my chair. I have to pay £1000 court fee for hearing in multi track !!!

and Pre-trial checklist (listing questionnaire) fee of £100

 

have i missed any other fees?

 

It was going to be a struggle to find the £150 for the small claims hearing. Should i have paid any of these fees yet?

 

Borgbaiter

[mrsfoot]

Fees This link gives you info about the fees due. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=172 this form shows you under what circumstances you can get remission. You do not have to be in reciept of a benefit. You can also get remission if you can prove it will cause financial hardship if you had to pay. Of course you have to show evidence of income / expenditure, but it is worth having a look.

 

Hope this helps

Edited May 18, 2008 by steven4064
Link corrected

[borgbaiter]

hi

 

im looking on the site for any help on standard disclosure by list. ive only just realised this has to be in by wednesday and cant seem to find any reference to it. im sure it is here but im running out of time.

 

thanks for the fees refund link Mrsfoot, had a quick look but its rather complicated. ill have to site down and work through it another day.

 

 

 

Borgbaiter

[steven4064]

See CPR 31.10 PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

and practice direction 31 PRACTICE DIRECTION – DISCLOSURE AND INSPECTION - THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 31 3.1, 4.1 and annex

[borgbaiter]

See CPR 31.10 PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

and practice direction 31 PRACTICE DIRECTION – DISCLOSURE AND INSPECTION - THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 31 3.1, 4.1 and annex

 

Thanks for that

 

 

Borgbaiter

[borgbaiter]

hi

 

trying to download form n265 but its taking awhile. Am i right in thinking this is a list of everything in my file. letters (excluding without prejudice), SAR's information, mortgage statements, calculations or charges, cases and other documents in support of my claim.

 

like the contents page of a court bundle ?

 

as it multi track is there anything different ?

 

Can i ask for documents i dont have such as their cost calculations or is that for them to declare ?

 

 

Borgbaiter.

[borgbaiter]

hi

 

i think ive got the n265 from filled in. the list of documents ive put as an attachment;

 

this is what ive put;

 

 

Attachment A

 

 

1.Television advertisement of the Chelsea Building Society cashback mortgage on DVD.

2.Transcript of above.

3.Various original documents from mortgage set up.

4.25 July 2007, letter requesting list of default charges.

5.Correspondence with Chelsea Building Society following above letter (7 pieces).

6.Credit Expert, Credit reference agency, report.

7.15 September 2007 Subject Access Request (SAR) letter for all information.

8.Correspondence with Chelsea Building Society following the above letter (7 pieces).

9.26 November 2007, Chelsea Building Society letter received with SAR data.

10.Kensington mortgage company SAR data for comparison.

11.27 November 2007, letter to Chelsea Building Society, request for missing SAR data.

12.2 December 2007, letter, revised claim following analysis of SAR data.

13.MCOL claim form.

14.18 December 2007, letter and schedule of charges as at claim date, to MCOL.

15.18 December 2007, letter and schedule of charges as at claim date, to Chelsea Building Society.

16.Documents relating to MCOL claim from the court (2 pieces).

17.18 January 2008, letter from Rosling King and defence.

18.Correspondence relating to the case (3 pieces).

19.23 January 2008, Rosling King letter with further copy of defence and enclosing statements of account for 2001, 2002 & 2003.

20.25 January 2008, revised particulars of claim.

21.1 February 2008 letter & attachments per Rosling King letter.

22.4 February 2008, letter requesting further details from Rosling King and a copy of the mortgage statement dated 2002.

23.7 February 2008 and enclosed allocation questionnaire, amended defence and another list of penalty charges.

24.12 February 2008 Court order.

25.18 February 2008 letter to Rosling King trying to narrow the issues.

26.18 February 2008 Rosling King letter and attachments.

27.21 February 2008 letter to Rosling King requesting documents.

28.14 March 2008 outcome of negotiations letter.

29.19 March 2008 Rosling King letter refusing to supply further information.

30.27 March 2008 Rosling King letter & attachments stating they cannot provide costs of the claimants breach of contract.

31.31 March 2008 letter to Rosling King.

32.1 May 2008 Application to Colchester County Court to have order vaired.

33.1 May 2008 letter to Rosling King.

34.1 May 2008 letter to Colchester County Court.

35.1 May 2008 letter to Rosling King.

36.1 May 2008 letter to Colchester County Court.

37.14 May 2008 letter from Colchester County Court.

 

do i need to put down cases im intending to use or anything else. got to send it off tommorrow so any feed back very welcome.

 

borgbaiter

[Bona]

Looks fine to me nothing else needed at moment

[borgbaiter]

hi

 

Thanks Bona.

 

Just a quick question about court fees. The MCOL fee gets added to your claim what about the other fees such as AQ fee?

 

Borgbaiter

[steven4064]

That too

[Bona]

Keep us posted

[borgbaiter]

hi

 

Does anyone know what a reasonable mortgage default charge would be? how long is a piece of string, would £5 sound reasonable?

 

 

 

Borgbaiter

[steven4064]

No default charges are reasonable if they are more than the companies actual loss as a result of any breach

[borgbaiter]

hi

 

they say they have no cost calculations so im having a guess at £5, with regard to a without prejudice offer to settle.

 

exchanged lists of documents other than that nothing much happening.

 

 

 

borgbaiter

[steven4064]

Then i would suggest that £0 is a reasonable charge - after all, it's all done by computer

[borgbaiter]

hi all

 

its friday afternoon and im in playfull mood. just had a mad thought. regarding my impending bankruptcy . is it possible to sue a solicitor for letting you get into a stupid contract?

 

anyone have any thoughts on that?

 

 

Borgbaiter

Edited June 6, 2008 by borgbaiter
cant speel :-)

[steven4064]

. is it possible to sue a solicitor for letting you get into a stupid contract?

In the States, almost certainly. Here, probably not.

[JonCris]

hi all

 

its friday afternoon and im in playfull mood. just had a mad thought. regarding my impending bankruptcy . is it possible to sue a solicitor for letting you get into a stupid contract?

 

anyone have any thoughts on that?

 

 

Borgbaiter

 

If the advice was negligent even by omission then yes you can

[Bona]

Were sueing a solictor for negligence and the reason was omission they didnt tell us something so we lost not conected to a mortgage but I would think the principle is the same

[steven4064]

The 'official' route for making complaints about solicitors is via LCS: Legal Complaints Service home.

[borgbaiter]

hi all

 

trying to put together a Witness statement but i cant find the April 2007 OFT - Unfair contracts Terms

Guidance- consultation on revised guidance for the Unfair Terms in Consumer Contracts Regulations1999

 

anyone that can point me to it wins a gold star

 

Borgbaiter

[borgbaiter]

hi there

 

Just had a court order. im concerned as to what item 4 means? does it mean costs in the case are now to be awarded to the winner?

 

The order was drafted by the defendant and they seem to have slipped it in. is there anything i can do to object to this?

 

UPON reading the Application of the Claiment

 

IT IS ORDERED THAT:-

 

1. The date for parties to serve Witness Statements of themselves and of all witnesses (other than expert witnessess) on whom they intend to rely to be extended from 4pm on 2 July 2008 to 4pm on 28 August 2008.

 

2. The date for sending completed pre-trial checklists to court be extended from 30 July 2008 to 4pm on 25 September 2008.

 

3. The Claim to be listed thereafter for trial with a time limit estimate of one day.

 

4. Costs in the case.

 

 

Wasnt till i typed it out it says it was my application which it wasnt do i need to get that changed too??

 

i get the feeling that theyve pulled a fast one on me here.

 

Please advise

 

 

Borgbaiter