Harsh Letter received from Kensington *Claim struck out in court*

[ukaviator]

Zoot , you really are a Star. Brilliant work as usual. Glad your on our side.

 

Thank you for the inspiration..

 

Ukaviator...

[ellielou]

Hi Morgy

Have you sent the defence off yet?

Do you know what happens next?

E x

[rachelfox]

Hi

 

I have been watching this with interest,as we have had from various Building societies,ie Preferred,I Group,Kensington GE Capital a toatl of £62,000,I think we need to claim these back ,KEEP UP THE GOOD WORK ZOOT ,DANGERMOUSE ETC...THANKS FOR ENCOURAGING US TO TAKE ACTION.!!

[ukaviator]

Wow... Yes go and get it back..Good luck..

 

Uk...

[jamorgan]

Hi guys,

Sorry been away for a few days but I have sent the defence and counter claim off to the solicitors and the local court also the allocation Questionaire.

 

Awaiting there response with debated breath.

 

keep up dated

 

Morgy

x

[ellielou]

Fingers crossed Morgy

[davidp1948]

Well done Zoot what a brilliant piece of work. I await the outcome as I've been putting off selling my house because the early redemption fee is approx £16·5K.

Regards to all you guys out there.

davidp

[priestley1965]

Hi Jamorgan,

 

Any progress? I too have had similar letter from Drydens regarding my claim against Platform.

 

just wondered if any resonse received yet?

 

Alan....

[jamorgan]

Hi Alan,

 

Nothing as yet, but I have rung my local court to get an update and they advised me the case had been transfered to another local court. This is because there is a designated judge at this particular court dealing with these sort of claims and this is also due too claims of this sort have been flooding in.

I wait a court hearing,else the judge wants a brief meeting first.

Will post soon as I get any info

Thanks,speak soon

 

Judex

[hulsevictoria]

Ohh Good Luck Jamorgan.

I sent my SAR on the 23/11/06.

Still waiting to hear from them.

The Best of luck. Were all rooting for you.

I will be following in your foot steps soon, and have already copied Zoot's wonderfully constructed letter as the base for my defence, when the time come's for me to face these Ba***rds in court.

Good Luck Jamorgan. Keep us posted.

Gosh zoot is awesome!!

[jamorgan]

Hi everyone,

ok, here we go again.

I have just recieved a general form of judgment or order from the court

they write:

Before HIS HONOUR JUDGE ***** sitting at Cardiff court civil justice centre

 

Upon reading the Allocation Questionaires and file

 

IT IS ORDERED THAT

1) There shall be a Case Management Conference at Cardiff Civil centre on 19/1/07 @ 12.30 to be by way of telephone conference call to be arranged by the Defendant's legal representatives.

 

2) By 4pm on the 12th January 2007 the parties shall liaise and file a list of prepared directions to be agreed if possible.

3)Any party may apply to set aside,vary or stay this order pursuant to CPR Rule 3.3(5) and (6).

 

Any help would be greatly appriciated.

 

Morgy x

[alanfromderby]

You say it has been transfered to another court - is it the Mercantile?

[firehorse]

Hi,

Its so encouraging to read all your messages. I am thinking about making a claim for an ERC of about £4000 to Portman. I didn't realise these charges were illegal until I was sent an email from Motley Fool.

Good luck everyone!!

[jamorgan]

Hi Alan

No I think it's a case of a transfer from one local court (Newport) to Cardiff,they say this is just because there is a designated judge at Cardiff civil court that is handling all cases like this one.

 

Also recieved this morning a letter form solicitor it reads as follows:

 

Please note our client has lodged an application to strike out the claim and/or for summary judgment asking the court to list this application at the same time as the case management conference on the 19th January 2007

 

You will be served with a copy of the application and supporting evidence shortly.

 

Any comments!

[ukaviator]

Hi Firehorse

 

The charges are UNLAWFUL not ILLEGAL. This must be understood before you write any letters asking for charges back. The wrong wording on the Court particulars will get your case thrown out, so please be careful.

 

 

Good luck

 

Ukaviator

[ukaviator]

Hi Morgy

 

Look forward to hearing what they have to say. Good luck

 

Uk..

[zootscoot]

Please note our client has lodged an application to strike out the claim and/or for summary judgment asking the court to list this application at the same time as the case management conference on the 19th January 2007

 

Did you send the solicitors a copy of the your defence to strike out?

 

You also need to be negotiatiing with the solicitors as to the draft orders. This is basically setting out timescales regarding matters which need to be done by which point. Have a look at these as a starting point. You can adjust the timescales to suit but must try to reach agreement with the defendant. NB generally the exchange takes place 14 days before trial. Requesting it earlier may help bring a speedier end to your claim. Although be sure that you can comply with the timescales otherwise your claim will be struck out. These orders were actual orders from a judge.

 

Hope this helps

 

Zoot

 

Between

XXXXXXXX - Claimant

and

XXXXX - Defendant

 

 

Draft Order for Directions

The Claimant shall within 14 days of case management conference send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

• e). Copies of all correspondence which has thus far taken part between the parties

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days of the case management conference file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• f) Any witness statements.

• g) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[zootscoot]

Also I have slightly revamped the no breach argument in relation to strike out claims. You might want to take a look in case you need it in the future.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/52017-response-request-claim-struck.html

[rocket1]

I had no idea it was possible to claim back ERCs. I have been ground into the dust in just six years by the mortgage industry and now have just £50 000 of equity in my house instead of the £500 000 I would have had it they hadn't taken me to the cleaners. There are three ERCs in that time.

 

I will definitely begin proceedings if it is possible to reclaim ERCs.

 

what has happened with your efforts since your last post ?

[firehorse]

Yes thanks for that reminder!

[jamorgan]

Thanks for the continued suport everyone.

 

Do I need to send the Draft order for Directions above, to the soliditor & the court and If so anything else and then just wait untill the case management appointment ? all so very confusing for me. please help

Morgyx

[zootscoot]

Do I need to send the Draft order for Directions above, to the soliditor & the court and If so anything else and then just wait untill the case management appointment ?

 

Yes, no or perhaps a covering letter, and yes.

[ED1237]

Hi Jamorgan, have you heard anything else on this. I am slightly behind you with Kensington. They haven't alied for a strike out, but they have alied for fast track!

[jamorgan]

Hi,

Yes I have had a letter this morning from the court saying

 

It is ordered that

 

1.The application shall be heard at the Case Managment Confrernce at Cardiff Civil Justice Centreon the 19th January 12.30pm

2. The hearing shall 1. not be by way of telephone hearing 2. be given a time of estimated 1 hour.

3.The Defendent shall serve and file evidence and written submissions in support of the application by 4.00pm on the 30th December.

4.The claimant shall serve and file evidence and written submissions in response by 4.00pm on the 12th January.

5.Any party may apply to set aside,vary or stay this order pursuant to CPR Rule 3.3 (5) and (6)

This letter was dated 14th Dec onlu today recieved so not sure now what the next step is and what to send it's all getting abit complicated for me.

any help again would be appreciated as to the next steps

x

P.S Merry christmas everyonex

[zootscoot]

Hi Jamorgan,

 

A case management conference is there to deal with any preliminary points and to find out what points are agreed upon and what points are in contention. Its a way of getting the parties to focus on the issues which need resolving and helping you to prepare for hearing.

 

Did the court order state that the CMC would include a consideration of the application to strike out the claim?