Allmoo V's SPML(M.A.S.) ERC claim

[Allmoo]

Hi there thought it was time I created a thread about my claim.

In January 2006 we changed our mortgage from "Mortgage Agency Services Number Two Limited" (catchy I know!) to RBS.

The mortgage from MAS was horribly uncompetitive but at the time we took it out we had no choice but to go with a sub prime lender.

MAS levied a fine of £1500 against us for breaking out of the deal 10 months early.

So far i have asked for the below infomation in the form of my approach and then LPA. MAS have failed to respond.

 

"In view of the above paragraphs, I would appreciate it if you could confirm exactly how this penalty was calculated and the true costs to £1500 in us redeeming the mortgage early. I would appreciate a complete breakdown in your costs and losses for this penalty charge"

 

I filed with the courts 2 weeks ago asking for the money back as they cannot or are unwilling to breakdown the fine for me. I am now waiting for them to file a defence.

Recieved a letter from there solicitors today saying they will be defending and entering a counter claim.

 

 

Al

[Les Gunn]

Hi Allmoo,

 

SPML are slippery customers and will try everything they can to delay/stall things. The trick is to be firm and stand your ground. Their defence will be the usual...you signed up, you knew the t's & c's tripe...

 

Good Luck - a few of us are waiting to see them in Court - whilst they may get the upper hand at times, they won't EVERY time.

 

[markt]

good luck ... ive been away a few weeks so catching up on my fellow spmlers.

 

i will be filling in my reply to their response ... deep joy.

[Allmoo]

Hi just though i'd give you a quick update.

 

I sent a letter off yesterday in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts.

 

Today i recieved a Defence and counterclaim from Drydens stating

"It is clear your claim is ill founded and has no legal basis so we urge you to withdraw the same" We'll see what the judge says shall we!

 

Sounds like the usual drivel, at no point do they breakdown the 2% charge or justify there costs to be 2%(how much of a coincidence would that be?)

 

They do however state

"The defence does not expect its costs to be higher than £10,000"

(Please! Are they trying to intimidate me?)

 

So whats next? When can i expect the Questionair from the courts?

Thanks for any help.

Al

[zootscoot]

Hi Al,

 

Have a look at the defence to counter claim in the stickies in this forum and adapt it to your own circumstances. Also have they requested the claim to be struck out? If so there is an exmple response also in the stickies.

 

You will get the allocation questionnaire thhrough from the court in the next few days.

 

All the best

 

Zoot

[Allmoo]

Quick update. Sent defence to counter claim and also defence to the there applying for the claim to be struck out.

Hope the courts understand that i have no legal background!

Its been over a week now and still no allocation questionnaire from the court. How long does it normally take?

Cheers

Al

[Les Gunn]

Hi Allmoo,

 

Things are taking a lot longer because the Courts are a lot busier - add to that, it's Christmas too.

 

Don't worry, things will be progressing - mine certainly is and I think SGH are a bit bogged down lol!

 

Happy New Year.

 

[Allmoo]

Hi, Ooo things are moving along now!

Wonder if you could offer some advice?

i've sent my defence (to there counter claim and also my defence to there application for my claim to be struck out) to the courts in Northampton should I also send a copy to SPML via there lawyers? Just to let them know I'm in this for the long haul or will the courts do this?

 

Also my Hearing for the application to strike out the claim has been moved to my local court and a date set(15th March) will the court in Northampton forward my defence or should i do it?

 

Thanks

Al

[Les Gunn]

I've PM'd you Al!

 

[Guest willowb]

Hi Allmoo, I've just noticed in the 'Court date' sticky that your case will be heard in Southport.....I'll be there if you want me!!

 

Wxxx

[Allmoo]

hi Willowb, i just may take you up on that! you local?

 

I recieved a witness statment today from there solicitors. What do I need to do here? There is no mention of them recieving my defence to there counterclaim. wonder if I should send it off again just to be on the save side?

Cheers

Al

[dolly]

I could possibly make that as well - am about an hour away from Southport.

[Allmoo]

Cheers Dolly. Brickin it!!!!!!

 

Al

[Guest willowb]

Fantastic....let's all go....I'm 15 minutes away!

 

Wxxx

 

I recieved a witness statment today from there solicitors. What do I need to do here? There is no mention of them recieving my defence to there counterclaim. wonder if I should send it off again just to be on the save side?

Cheers

Al

vbrep_register("550429")

 

As for the above question.....*****BUMP*****