ERC Kensington Mortgages *Withdrawn*

[zootscoot]

No it doesn't matter if you are late submitting your claim.

 

Please start your own thread to avoid confusion.

[ED1237]

Just linking to a fellow Kensington Erc claimer

[jamorgan]

Hi Ellielou,

 

Just thought I would post you a few words of support,

Hope all is going well, it's all abit mind blowing stuff isn't it.

Court is really putting the willies up me, don't know about you hun.

I think i'm just a little in front of you at the mo

Iv'e Got a case managment meeting for one hour in two weeks time

God help me! I'll certainly need his help

Hope you get everything you need together and blow them out the water.

Good luck hun

Be Watching you.

x

[ellielou]

I've almost finished collating the court bundle details however, it has been suggested to me that I may be able to get the case struck out. I'm not to sure of the full details as I have yet to speak properly to the person who suggested this. I think it's something to do with them providing my personal data to the courts without my permission, hence a breach of the data protection act. Does this sound plausable?

 

I'll find out more details & post here as soon as I can.

[zootscoot]

I think it's something to do with them providing my personal data to the courts without my permission, hence a breach of the data protection act. Does this sound plausable?

 

No. In bringing the claim you have made your personal data public information.

[ellielou]

That's kind of what I thought.

Thanks once again Zoot.

[ellielou]

Zoot - I emailed you this last week but I know you've been really busy. Could you or someone please have a look over this before I send it to the courts - it needs to be there for Friday.

 

Many thanks in anticipation x

 

 

Case/Claim No: 6QZ73880

 

 

In the Warrington County Court

 

Ellielou

 

CLAIMANT

-AND-

Kensington Mortgage Company Limited

DEFENDANT

 

DISCLOSURE STATEMENT

I, the above named claimant state that I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on day of 21st December 2006.

I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I certify that the list above is a complete list of all documents, which I am obliged under the said order to disclose.

1

Mortgage offer letter dated 21 April 2005

2

Letter confirming mortgage advance dated 26 April 2005

3

Mortgage statement dated 31 May 2005

4

Mortgage statement dated 31 August 2005

5

Mortgage statement dated 30 November 2005

6

Mortgage statement dated 28 February 2005

7

Redemption statement dated 27 April 2006

8

Letter from Claimant to Defendant dated ????

9

Response from Defendant dated 10 August 2006

10

Letter from Claimant to Defendant dated ????

11

Letter from Claimant to Defendant dated ???

12

Letter from Claimant to Defendant dated ???

13

Response from Defendant dated 18 October 2006

14

Response from Defendant dated 25 October 2006

15

Response from Defendant dated 26 October 2006

16

Unfair Terms in Consumer Contracts Regulations 1999

17

Murray V Leisureplay plc

18

Dunlop Pneumatic Tyre Company Ltd V New Garage Motor Co. Ltd

19

Jeancharm Ltd (t/a Beaver International) V Barnet Football Club Ltd

20

Office of Fair Trading test for excessive redemption charges

 

STATEMENT IF TRUTH

I believe the facts stated within this Disclosure Statement to be true

 

 

22nd January 2007

 

Signed

 

[zootscoot]

Did you not get the e-mail I sent back?

 

I'll try see if I can find it and resend it.

[ellielou]

I've not seen it Zoot - I'll have another look tonight.

Many thanks.

[ellielou]

Just wanted to let you know I've rec'd your email Zoot - many many thanks for your help - disclosure list is in the post to the courts this evening.

[ellielou]

Just wanted to let you know I've rec'd your email Zoot - many many thanks for your help - disclosure list is in the post to the courts this evening.

 

Do I need to forward a copy to Kensingtons solicitors?

[zootscoot]

Hi Ellie,

 

Have a look at the revamped response to application to strike out and make sure you include all cases on your list.

 

All the best

 

Zoot

[ellielou]

Just posted off disclosure list to Eversheds & sent a copy to the court also. I hope I've included everything - bit late now if I haven't

 

Thanks for all your help Zoot - I really appreciate it. x

[zootscoot]

Check if any are missing off your list. You may well be permitted to add them if you do it sooner rather than later. You don't want to leave anything to chance with Kensington!

[ellielou]

I rec'd a notice of allocation to fask track from the courts detailing that my case will be heard within a 3 week trial window commencing 22nd June & they estimate it'll last 1 day.

 

In light of what has recently happened with JAMorgans case would it be at all possible to request that the courts stop me paying any of Kensingtons charges or is it standard practice that I have to if I loose the case?

 

Any advice for anything I need to do now?

[ellielou]

I sent off disclosure list to Eversheds on Wednesday - so it would get there for the cut off date of Friday.

 

I received a letter from Eversheds on Friday thanking me for the disclosure list but stating that they were unware of any notice of allocation sent by the courts.

 

Which means they haven't sent me thier disclosure list - where do I stand now?

 

Is this them just trying to drag it out a bit more? What should be my paln of action now - I'm pretty annoyed that they'll get away with getting extra time to prepare while I was rusing around trying to get everything together

[paulpb123]

Its just pathetic isn't it? More games and nonsense. The courts should be dealing more robustly with these matters and not just giving these so-called professional organisations the benefit of the doubt time after time. I've lost count of the number of threads I've read where this sort of delaying goes on. It's an abuse of the very system that allows solicitors to make such a good living and they should be ashamed of themselves. And so much for the procedural rules that are supposed to ensure that both parties are on an equal footing. This is not justice, its quite the opposite. You are right to be angry after fulfilling your obligations within the alloted time. Not sure of the plan of action but a letter of complaint to the court about the fact that the Defendant refuses to stick to deadlines seems appropriate. Maybe phone Eversheds on Monday and ask how they are progressing? I don't really know and I don't think they care anyway. Time and time again these solicitors firms abuse the system and it seems that they are allowed to get away with it. What are these judges doing if they can't even enforce the procedures of their own courts? Its nothing less than a bloody disgrace. The court might just as well say "oh, you can have as long as you want if you are a firm of solicitors with lots of resources, but if you are an individual who has no money because you've had it all taken off you by your unscrupulous mortgage company then we're going to make you jump through hoops of fire". Sorry for ranting on your thread Ellielou but it does seem sometimes that we are playing a game of poker against someone with loaded dice.

Paul

[Louisk]

Ellilou - same thing happend to me Kensingston's legal people were 5 days late in sending me their court bundle.

 

With advice from the good folk on this web site , filled in a N244 form asking for the defence to be struck out. (Cost £35).

 

The court didn't strike out defence - just gave them a new deadline!

 

Like pb says - its not justice. But its something you can bring up in court at the very least IMHO.

 

Best of Luck

[paulpb123]

Hmmm, poker's not played with dice, is it?

[biffa1965]

hang on lets get one thing straight here........ if the defendent fails to abide to the court directions ie re supplying their disclosure(court bundle) within the alloted time, then i can apply to have the defence struck out ???? the reason i query this is because as some of you know, i went ballistic to provide my court bundle to liverpool court by deadline 4pm friday 26th jan and ensured Birmingham Mids got theirs. I have however already been told that the legal rep dealing with my case is on her hols and wont be back 7th feb and have been also told the case will not be adfressed til then including the provision of their disclosure. bLIMEY DOES THIS GIVE ME GROUNDS FOR STRIKING THEIR DEFENCE OUT????

[CrispDust]

I believe so.

[ellielou]

Just phoned Warrington County Court - who didn;t really seem to know what to do now.

 

Basically they've said that it looks as though Eversheds were appointed after the notice of allocation had been sent out & it was therefore, up to Kensington to forward the documents to Eversheds. She's asked me to wait a couple of days to see if Eversheds get in touch with the courts - she wouldn't advise me to do anything else at this time just incase Eversheds do come back to them - but she asked me to give them a call in a few days time.

 

Seems to me to be pretty pointless to try & get the case struck out just yet as they'll just worm the way out of it by saying they didn't have the deadlines. Still it really frustrating that I was running round getting it sorted while they were obviously doing bugger all!

[ellielou]

In light of recent results does anyone know if it would be at all possible to request that the courts stop me paying any of Kensingtons charges or is it standard practice that I have to if I lose the case?

 

Also, looking at Barry v Swift case I need to request official disclosure - is this done automatically with the fask track claim or do I specifically need to request it?

 

Any help would be much appreciated?

[ellielou]

Received a letter from Eversheds stating that they have only just received allocation notification from court and are therefore requesting a months extension to each deadline.

 

I'm going to agree to this - as I feel it would be unreasonable and unwise to do otherwise. However, I was also thinking of informing them in the same letter that I intend to issue a CPR Part 18 Request to obtain Kensingtons true costs and offering them the oportunity to settle the case now with words along the lines of paulpb123's "As a gesture of goodwill and in accordance with our duty under the Overriding Objectives of the Civil Procedure Rules, I would be prepared to waive the interest and charges accrued to date and accept an out of court settlement from your client of £5,737.29."

What do people think? I have a court date in June so have plenty of time to get myself together for a court appearance but would like to get this settled earlier if at all possible. Any comments would be really appreciated.

Ellielou x

 

 

 

[paulpb123]

Glenn UK has posted a link to his Part 18 request to barclaycard which is worth having a look at.