mortgage company penalty charges for early redemption

[01342]

I had a 7 year fixed rate mortgage with A***Y. At the time of taking out the mortgage I also purchased an endowment policy from the same group. 5 years later the group accepting mis selling the endowment to me and compensated me for the shortfall that I faced. Having lost faith with the group I settled up my mortgage and went elsewhere. £4,500.00 in penalties for my troubles. I issued proceedings, my arguement being that as the whole mortgage had been mis sold to me the seller couldn't rely on any of the terms of the contract.

We had a directions hearing today at which the Judge bottled it and agreed that the matter should be fast tracked rather than be dealt with in the Small Claims Court, despite the claim being under £5K.

I'm not sure whether to continue with the action.

Any thoughts would be welcome.

 

Cheers,

 

Keith.

[Bona]

You should appeal that direction it is under 5 grand you are entitled to small claims, I have written to the |lord chancellor over this point if you look at the DCA website the procedure rules state quiet clearly that parties should be dealt with on an equal footing putting you in fast trak does not do this it also says that the court should deal with the case proportionate to the finacial postition of each party remeber all district Judges are Barristers or Solicitors some look after their own

If i can help in any way let me know

Bona

[01342]

You should appeal that direction it is under 5 grand you are entitled to small claims, I have written to the |lord chancellor over this point if you look at the DCA website the procedure rules state quiet clearly that parties should be dealt with on an equal footing putting you in fast trak does not do this it also says that the court should deal with the case proportionate to the finacial postition of each party remeber all district Judges are Barristers or Solicitors some look after their own

If i can help in any way let me know

Bona

 

 

Thanks very much.

If it's not asking too much could you let me know the name of the form I'd need to appeal and what I should say on it?

 

Cheers,

 

Keith.

[kingscounsel]

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