LC V London Scottish

[Loonychoons]

London Scottish have responded to my LBA on my discharged mortgage with a long detailed letter explaining what each charge was for and why it was applied (although she hasn't looked to see which charges I've claimed for, anything representing a service I left out). However, most of them seem to be failed direct debits and the woman writes that they simply resubmit the claim, or arrears fees.

 

Her claim is that the charges are a fair and reasonable representation of the costs involved (£100 per month??) in chasing up arrears or missed payments.

She says that they won't refund any charges and that this is their final response.

So I guess it's off to MCOL I go? Or does this one have to be N1? Or should I rethink this one? It seems to be mostly people claiming for an early redemption clause on here, rather than charges...

[Jacqueline07]

No - I received my charges back from London Scottish - although I think I caught them on the hop (mid 2006) and I won by default - they failed to defend. I did the N1 but only because I paid my cheque - MCOL is fine also - if you are only claiming charges - use same principles as you would for bank charges - good luck.

 

Jackie

[zootscoot]

Good luck!

[Loonychoons]

Thanks for the support...London Scottish have acknowledged the claim, which is a bit boring but not surprising. They have until 6th August to enter a defence. Watch this space!

[Loonychoons]

Ok....my claim was deemed served on 9th July.

London Scottish acknowledged on 16th July.

When I look at MCOL, I can start judgement now - the button is available to me, even though technically the 28 days is up at midnight on 6th August.

I seem to recall that if the 28 days is up on a weekend then the court allows the defendent the Monday too.

 

So why is the start judgement button available now and should I click it???

[Loonychoons]

HELP!! London Scottish have entered a defence at the last possible minute. I suspect it's a copy of the long letter they sent me explaining when they called me, when they wrote to me etc. But I'll know more once I get my copy.

 

I think this one might go to court so I'm going to need help! Hope there's someone out there

[Loonychoons]

Help again!!

 

Have now received a defence from London Scottish - I think their main defence is that the loan is actually from London Scottish Finance (not London Scottish Mortgages) so I think I need to do a form to change the name of the Defendent?

 

Also the usual blurb about the costs being an accurate reflection of the costs involved in phoning and writing letters.

 

I have an AQ to fill in.

 

Anyone got any advice to offer pleeeeaaaaaase????

[zootscoot]

The form for changing the name of the defendant is form N244. There is a link in the bank templates library.

 

There is also guidance on filling out the AQ although you may need to adapt anything which isn't relevant to mortgage claims. If the claim is under £1500 then you do not have to pay the £100 fee. Don't forget to include the draft order for directions

 

Best of luck

 

Zoot

[Loonychoons]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Ok got it. There's a note to say the charge is non refundable...does that mean I can't add it onto the overall costs for London Scottish?

[Loonychoons]

Quite possibly the most stressful thing I've done for a long time...woke up this morning...looked at my AQ to complete and realised it must be in by Monday - which is Bank Holiday so I won't be able to go along to the court and drop it in!!

Cue much panic to get it all done and into the post office to send by recorded delivery. I had no idea the N244 would be so complicated, nor that I'd need to redo an N1 to send along with the new company name.

 

So I finally sent: N244, N1, schedule, then for the AQ: AQ with draft direction and two cheques, one for £100 AQ fee and one for £35 for the N244. Zoot, does this sound right?

 

It's a bit unfair that the last date isn't a day I can actually use to go to the court - bet your boots this would be taken into consideration for the defendant so I'm hoping it will be for me as well

 

I didn't add the AQ cost onto my new N! as didn't want to complicate the issue...hope this is the right thing to do. I really hope LS folds before court but I do want that £100 back!

[Loonychoons]

Checked with Edmonton, this went to the judge on 5th September and he he has 5-10 working days to look at it, then it goes to be typed up and they have 5-10 days too!

[zootscoot]

Fingers crossed

[Loonychoons]

Hi Zoot received a letter from the court today saying the Edmonton DJ "It is ordered that permission to amend the claim form."

Dated 7th Sept.

 

I guess this is telling me that my N244 to amend the defendant's name has been accepted - which is good as that was part of their defence. Also good that it hasn't been stayed as I half expected, even though it's a mortgage account.

 

So the next phase is to wait for a hearing date I imagine...

[Loonychoons]

HI - HELP!!

 

I have a court date for early Feb and need to prepare my court bundle for mortgage account charges (not ERC).

Can anyone help? I can't see anything about what to put in my bundle...

 

HELP - panicking slightly now!!

[Loonychoons]

bump

[hedgey06]

Hi LC!

 

You'll also need a witness statement and if it's late payment fees then it will be based around the penalty argument. You can loosely follow the Abbey witness statement, the first one for the old defence:

Abbey Court Bundle & Witness Statement

 

We don't seem to have any evidence specifically relating to the costs element for mortgage charges, but if you have a look through some past threads on this forum you may find some additional info.

 

Best of luck hun. x:)

[Loonychoons]

Ok folks, court date is tomorrow so it's time for an update

 

London Scottish were a week late with their court bundle so I submitted a letter asking for their claim to be struck out for non compliance. The court sent a letter (which I haven't got yet but they told me over the phone) to say that there was insufficient time to consider my letter and I have to put it to the judge tomorrow.

 

I do wonder if they are actually going to turn up tomorrow - They really do not have a leg to stand on and I am going to be expecting them to provide actual evidence of the cost of so called arrears management. If anyone has any pearls of advice to offer about what to take along with me (other than my copy of my court bundle) then I'd be very grateful.

I imagine it's worth my while phoning the court tomorrow to find out if they've settled?

Ta in advance from a very calm sounding Loonychoons (but it's all a front!!)

[hedgey06]

Best of luck for tomorrow LC. It sounds as though you're as prepared as you possibly can be.............. so fingers crossed that you get a good outcome in court. xx

[Loonychoons]

The moustaches are sadly drooping, Hedgey. I am absolutely papping myself!!!

[tonycee]

You will be fine.

Its just like a job interview.

The DJ will take control and if you are true and polite you will "float" home.

Good Luck.

[Loonychoons]

And....it's stayed pending the outcome of the OFT test case.

They didn't even have to ask the DJ, he suggested it! Even though I said it was a mortgage case and the OFT was for mainstream bank charges.

Didn't even consider my non compliance appeal and told me if I appealed the stay I would fail.

B*ll*cks!!! I have them absolutely banged to rights and it was so frustrating to not even be allowed to say anything much. Grrrrrr.

Anyone loan me £3200 for my wedding????