Bank Of Ireland ERC Claimants-are They Settling Out Of Court?

[lickthewallfatboy]

that's all I claimed for -the 8%-and it was at the moneyclaim stage....

[Shelty]

Great, thanks for that. I was concerned that I'd missed something.

[sammyjammy]

The six year thing doesn't apply for mortgages, its 12 years, which is good news because when I redeem my mortgage next year I can go after Abbey for a couple of grand as well!! HTH

 

Sam

[lickthewallfatboy]

sammy

I think it has been established on other threads that the 12 years only applies definitely to the like of £35 late payment fees and the like.

 

The 6 years is open to question as regards ERC's-that's where the "deliberate concealment " argument comes in.....

[lickthewallfatboy]

got the now-standard reply that they are looking in to the issue via their "internal complaints procedure"

 

yet another who doesn't understand what a request for repayment letter actually is.....

[zootscoot]

Stick with it Lickie you'll get their in the end!

[lickthewallfatboy]

thanks Zoot!!

 

This one would really set me up-I could actually get the benefit of the money in my hands instead of wiping out debts!!

[lickthewallfatboy]

as expected,no dosh forthcoming at first stage.

 

LBA sent today....wonder how long they will drag this out for.......

[lickthewallfatboy]

got a letter in today with a copy of the mortgage offer.Of course,no breakdown of how the penalty was calculated,just the mantra of t&c's when you signed up,and if we don't hear from you before 8 weeks have passed,we consider the matter closed.....this was sent after my LBA reached them.

 

should I just hit moneyclaim now?-after all they've told me to go away in short jerky movements.Is there any point in prolonging the agony?It's nearly £8K and it would be nice to have it in my pocket for Christmas!!

[paddym]

you know the score LTWFB ! your itching to get at that button ! are you claiming in NI ?

[lickthewallfatboy]

I'm going through MCOL again!!My friend is very helpful in allowing me to use his address!

 

£4122 plus 10 years interest-NIIIIIIIIIICE!!!!!

 

you're right Paddy-I'm itching on that trigger.........

[paddym]

nice 1 ! is it ok if i pm you need advice regarding mcol !

[lickthewallfatboy]

PM away Paddy!!

[lickthewallfatboy]

Moneyclaim filed for £8088.71 inc interest and fee.....

 

 

well they did say that they considered the matter "closed"-it's just added £3600 odd of interest to be paid on top

[CrispDust]

Go on LTWFB - hard core you know the score.

You've been there, got the T shirt several times already. Why mess around, you KNOW they ain't gonna pay up otherwise!!

[lickthewallfatboy]

they have acknowledged the claim,so 28 days to defend from date of service-which I reckon leaves DEC 6.....

[paddym]

BRING it on LTWFB !

[lickthewallfatboy]

this has been posted on MCOL

 

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

any comments,guys?

[ukaviator]

Hi LTW

 

They have filed a defence i assume. The court will send out the AQ paperwork and on the top right hand side will be a box allocating which court it will go to for the case to be heard. I had the same with BM, still waiting for them to have a chat, but looks like they want to try things out. Waiting game still here.

 

Uk. . .

[lickthewallfatboy]

Hi aviator

 

yes,but I haven't seen it yet...

 

can't understand BM and how they are behaving with you!

[ScotchMissed]

Wishing you good luck LTWFB. Watching your thread with interest as BoI stuffed me for £5200 ERC in 2003. I want it back.

[lickthewallfatboy]

I got the AQ today to be returned by DEC 18.

 

They contend in the defence that 1996 is too far back to go for claiming the ERC,but thanks to ZOOT,we know that is a nonsense.....

 

they also refer to the T&c's where it said an ERC may be incured upon redemption

 

that's about the height of the defence-pretty feeble it would seem!!

 

can someone assist with the AQ please-I really need to get it away ASAP

 

couple of queries-

 

1.pre action protocols-part 1 or part 2?If part 1 needs filled in,which protocol applies?

 

2.proposed directions-what needs to be done with that?

 

3.do I need to send any documents with the AQ,and do I need to send £100 fee to the court?

[zootscoot]

1.pre action protocols-part 1 or part 2?If part 1 needs filled in,which protocol applies?

 

Assuming its the same in Ireland as England, no pre-action protocols apply

 

2.proposed directions-what needs to be done with that?

 

 

 

Directions relates to a proposed timetable of events. The following is an example of some Directions ordered by a judge. You can use these as a guidance and change the dates to suit. Note that normally the exchange of documents takes place 14 days before trial. These directions differ in that they order exchange 14 days from reeipt of the order. This could speed things up for you and give you longer to assess their full defence. Do make sure that you do not propose anything that you are not able to comply with.

 

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

.

3.do I need to send any documents with the AQ,and do I need to send £100 fee to the court?

 

If this was simply an ERC then no if it was late payment charges then send your schedule of charges. Yes you need to send the fee with it unless you are exempt.

 

All the best

 

Zoot

[lickthewallfatboy]

Zoot-first class help as usual-scales duly clicked!!

[lickthewallfatboy]

have just received their AQ

 

It seems they will be applying to have the claim struck out on the grounds that it goes back beyond 6 Years-not very clever!!I hope that is going to be their best defence-they are stuffed if it is.....