Cheshirelad v SPML ( set aside hearing 6th Nov )

[Cheshirelad]

This is the 1st time I have posted and do'nt wish to hi-jack this thread if I'm in the wrong place? however I need some advice re: a claim I'm making against SPML for mortgage arrears charges.

Basically I have issused MCOL against them. (followed all the usually process letters, times, LBA etc) The claim with interest is circa £2k. They have filed a defence with only a couple of days to go and the court has sent me a copy and asked me to complete an allocation questionnaire ( which has to be submitted by 1st June 09) they also say I have another fee of £35 to pay to submit this.

Their Defence:

1. Statue barred

(my claim is for charges levied between Between 03/10/2002 and 28/07/2003)

various unlawful penalty,late payment and duplicate
charges were added to the above account. In
the sum of £1314.51 plus interest of
£621.04 calculated at 8%. Total Amount
£1985.34

2. They bascially then go on to say I entered the aggreement and new the terms and conditions but because I got into arrears they incurred costs. For which they could charge me they say these charge are not penalties. They also say they incurred legal/solicitor fee's, which I'm not trying to claim.

The mortgage was redeamded with days to go to before repossesion by selling the property and as the mortgage had only be running for about 18 month the ERC was circa £15k

I would be most grateful for any help or guidence I do'nt want to send another £35 if I have not got a cat in **ll

Cheshirelad

[WendyB]

Re: Urgent advice needed!

Hi and welcome to Beagles. Best thing is to start your own thread - can a team member move this post onto a new thread for Cheshirelad please?

But in the meantime, although I am no expert in mortgage charges (just waiting for my missing paperwork from LTSB so i can reclaim mine lol), what I do know is that with mortgage charges the time limit is 12 years, not 6, so I can't see why they would claim they are statute barred.

Someone will be along soon with more advice.

[Paule]

Re: Cheshirelad v SPML

Posts moved to new thread

PKea

[Cheshirelad]

Re: Urgent advice needed!

Hi and welcome to Beagles. Best thing is to start your own thread - can a team member move this post onto a new thread for Cheshirelad please?

But in the meantime, although I am no expert in mortgage charges (just waiting for my missing paperwork from LTSB so i can reclaim mine lol), what I do know is that with mortgage charges the time limit is 12 years, not 6, so I can't see why they would claim they are statute barred.

Someone will be along soon with more advice.

thanks Wendy, I to was under the impression in was 12 yrs not 6 yrs, but I'm going to need some supporting info/case notes

thanks again

Cheshirelad
------------------------------- merged -------------------------------

Posts moved to new thread

PKea

thanks PKea

[Cheshirelad]

Re: Cheshirelad v SPML

This is the 1st time I have posted and do'nt wish to hi-jack this thread if I'm in the wrong place? however I need some advice re: a claim I'm making against SPML for mortgage arrears charges.

Basically I have issused MCOL against them. (followed all the usually process letters, times, LBA etc) The claim with interest is circa £2k. They have filed a defence with only a couple of days to go and the court has sent me a copy and asked me to complete an allocation questionnaire ( which has to be submitted by 1st June 09) they also say I have another fee of £35 to pay to submit this.

Their Defence:

1. Statue barred

(my claim is for charges levied between Between 03/10/2002 and 28/07/2003)

various unlawful penalty,late payment and duplicate
charges were added to the above account. In
the sum of £1314.51 plus interest of
£621.04 calculated at 8%. Total Amount
£1985.34

2. They bascially then go on to say I entered the aggreement and new the terms and conditions but because I got into arrears they incurred costs. For which they could charge me they say these charge are not penalties. They also say they incurred legal/solicitor fee's, which I'm not trying to claim.

The mortgage was redeamded with days to go to before repossesion by selling the property and as the mortgage had only be running for about 18 month the ERC was circa £15k

I would be most grateful for any help or guidence I do'nt want to send another £35 if I have not got a cat in **ll

Cheshirelad

Any help from anybody?

[Amethyst]

Re: Cheshirelad v SPML

Sounds like a standard defence, sorry we hadnt seen this before.

How much was the mortgage and do you have the original agreement. I'm assuming a fair whack if you had a 15k ERC payment to make.

The legal / solicitor fees I guess they are talking about is leading up to the reposession which didn't happen because you sold the property. So it isnt really relevant to the defence.

It would help if you could scan up the whole defence.

Another issue with mortgages is the indemnity clauses - which people do consider unfair but unfortunately are still be used against claimants. If you have this clause it basicaly means SPML can recover costs of the litigation off of you whether you win or lose the case (though as the agreements now ended this may not be the case)

I will ask someone to come and have a look at this for you who has a bit more experience with mortgage claims and SPML.

I do think it is worth getting the AQ in, would you qualify for remission on fees at all?

[Cheshirelad]

Re: Cheshirelad v SPML

Sounds like a standard defence, sorry we hadnt seen this before.

How much was the mortgage and do you have the original agreement. I'm assuming a fair whack if you had a 15k ERC payment to make.

The legal / solicitor fees I guess they are talking about is leading up to the reposession which didn't happen because you sold the property. So it isnt really relevant to the defence.

It would help if you could scan up the whole defence.

Another issue with mortgages is the indemnity clauses - which people do consider unfair but unfortunately are still be used against claimants. If you have this clause it basicaly means SPML can recover costs of the litigation off of you whether you win or lose the case (though as the agreements now ended this may not be the case)

I will ask someone to come and have a look at this for you who has a bit more experience with mortgage claims and SPML.

I do think it is worth getting the AQ in, would you qualify for remission on fees at all?

Thanks Amethyst,
The mortgage was for £242k I did a SAR and they sent me
1.Account transaction history
2.copy system notes
3.copy correspondance
4 copy of orginal loan file
a. copy of loan application
b. mortgage offer
c. terms of mortgage (forming part of mortgage offer)

(attached copy of their defence)

Cheshirelad

[Cheshirelad]

Re: Cheshirelad v SPML

Offer

Received a letter from their solicitors with an offer of settlement.

They go on about various things re: my claim being statue barred and the fact they were entitled to make charges.

However for commercial reasons they will refund the charges that aren't statue barred by date.

The offer with interest is nearly 50%

Any opinions or comments please

Cheshire

[enaid]

Re: Cheshirelad v SPML

If the charges were added to the overall loan you can go back 12 years. If they added the charges to your monthly payment or the arrears then the standard 6 yrs applies unless you raise s.32 of the Limitations Act.

[Cheshirelad]

Re: Cheshirelad v SPML

The charges, which on the mortgage statement are described as:

' arrears management fee'

' adminsistration fee'

' Unpaid direct debit fee'

' interest on arrears'

' repayment charge' ( this is a duplicate charge, which was charged in the redempetion figure)

These were all add to the account over a period from Oct 2002 to July 2003

They have asked me to sign draft order if I accept their offer and I have just noticed the wording accept ' in full and final settlement of the above matter and any claim arising out of mortgage account number xxxxxxx'

they wording 'any claim' bothers me because if I agree this offer presumably I bar my self from perhap trying to claim the hefty ERC I had to pay by selling the house to avoid repossesion

Cheshire

If the charges were added to the overall loan you can go back 12 years. If they added the charges to your monthly payment or the arrears then the standard 6 yrs applies unless you raise s.32 of the Limitations Act.

Offer

Received a letter from their solicitors with an offer of settlement.

They go on about various things re: my claim being statue barred and the fact they were entitled to make charges.

However for commercial reasons they will refund the charges that aren't statue barred by date.

The offer with interest is nearly 50

[Cheshirelad]

Re: Cheshirelad v SPML

The charges, which on the mortgage statement are described as:

' arrears management fee'

' adminsistration fee'

' Unpaid direct debit fee'

' interest on arrears'

' repayment charge' ( this is a duplicate charge, which was charged in the redempetion figure)

These were all add to the account overa period from Oct 2002 to July 2003

They have asked me to sign draft order if I accept their offer and I have just noticed the wording accept ' in full and final settlement of the above matter and any claim arising out of mortgage account number xxxxxxx'

they wording 'any claim' bothers me because if I agree this offer presumably I bar my self from perhap trying to claim the hefty ERC I had to pay by selling the house to

If the charges were added to the overall loan you can go back 12 years. If they added the charges to your monthly payment or the arrears then the standard 6 yrs applies unless you raise s.32 of the Limitations Act.

Offer

Received a letter from their solicitors with an offer of settlement.

They go on about various things re: my claim being statue barred and the fact they were entitled to make charges.

However for commercial reasons they will refund the charges that aren't statue barred by date.

The offer with interest is nearly 50

I have been posting on another forum and recomended by Scooby.

I attach copies of the offer letter I received and would appriecate any advice or opinions.

I spoke to the court re: AQ they said as along as I get it back this week it will be ok

Cheshirelad

[scoobydoo]

Re: Cheshirelad v SPML

BUMPING THIS ONE UP- Any comments please on attachments?

[scoobydoo]

Re: Cheshirelad v SPML

Helloo anyone there?

I dont think you should sign the disclaimer as you say because you want to go for the ERC as well.

As for carrying on and going to court I am not qualified enough to advise you as the cases that i have seen suceed have been through the FOS rather than court. the fact that they have made an offer is good but whether they would fight in court for the rest I am not sure .

[scoobydoo]

Re: Cheshirelad v SPML

Hi

Just checking in to see how you have decided to proced?

[Cheshirelad]

Re: Cheshirelad v SPML

After much deliberation I've decided to accept, deleting the disclaimer. They should have had it today.

I have also sent the AQ back to court as until they have sent the payment its still going to court.

they could try tripping me up if I don't continue and asking the judge to strike the claim out!

If they don't accept with the desclaimer deletion, it will probaly make it harder for them to draw their offer to the court, I think?

Will keep you posted with events, just got my next claim already for Mortgages Plc. It will be interesting to see what there defence will be ( their owned by Merrill Lynch, so I expect a robust one)

FSO has escalatored my complaint against Preferred (re the costs they add for the sale following Repo and their delays) on hardship grounds.

So plenty going on and still to start the big ERC complaints to go to FSO. £15k & £9k

Cheshirelad