help please

borgbaiter

THIS IS REGARDING MORTGAGE PENALTY CHARGES


hi all

ive been trying to reclaim penalty charges on a mortgage acount sice the middle of last year. started mcol in december. case was stayed for parties to negitiate. and now the court has sent me an order. this order is very complicated and i dont think im grasping all of its implications. any light people can shed will be gratefully recieved. especially with regard to what im expected to do in response to it.


"On wednesday, 23rd April 2008

District Judge S.R.Mitchell sitting at Falklands House, 25 Southway, Colchester, Essex considered the papers in the case and

ordered that;

1) The Claim is allocated to the Multi-Track due to the likely complexity of the facts, law and evidence and the importance of the claim to persons who are not parties to the poceedings
2) The parties shall by Wednesday, 18th June 2008 consider whether the claim is capable of being resolved by Alternative Dispute Resolution and
a) if either party considers that the claim is unsuitable for Alternative Dispute Resolution, that party shall, not less than 28 days before the date fixed for the trial, serve on the other party a witness statement giving the reasons upon which that party relies in saying the claim is unsuitable;
b) a party served with such a statement may within fourteen days after recieving it serve on the other party a witness statement in resonse;
c) all witness statements so served shall be disclosed to the trial judge at, but not until, the conclusion of the trial;
d) at the conclusion of the trial, when deciding on the appropriate costs order to make, the trial judge shall take all such witness statements into account in considering whether such means of resolutionwere appropriate; and
e) a party who objected to Alternative Dispute Resolution but has not served such a witness statement may be presumed to have objected for no good reason.

3) Disclosure of documents shall be dealt with as follows:
a) Both parties shall give to each other standard disclosure by list to be served by 4pm on Wednesday, 21st May 2008
b) Any request for a copy, or inspection, of any document shall be complied with by 4pm on Wednesday, 4th June 2008.

4) Both Parties shall, by 4pm on Wednesday, 2nd July 2008, serve on each other the witness statementsof themselves and of all witnesses (other than expert witnesses)on whom they intend to rely.

5) No party may rely on or adduce the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court.

6) Each party shall:
a) serve any request for clarification or further information based on any document disclosed or statement served by another party no later than seven days after disclosure or service and
b) reply to any such request served on it within seven days of service of the request.

7) Completed pre-trial check lists shall be sent to the court by 4pm on Wednesday, 30th July 2008.

8) The Claim shall therafter be listed for trial with a time estimate of one day.

9) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order."

Thats the whole thing.


Borgbaiter

borgbaiter

hi

anyone got any advice. i have 7 days to respond. not sure what that means tho as the orders dated 23rd april it wasnt posted until 28th april and its now 30th ???


Borgbaiter

Orford

Why 7 days? or do you mean paragraph 6? If so the 7 days referred to here relates to the disclosure of documents which is not required until May 21st

borgbaiter

hi

was 7 days regarding the time to request its set asside or amended. item 9)

i dont have a problem with it per sa just if i loose then i loose everything i have. big choice.

Borgbaiter

Orford

ive been trying to reclaim penalty charges on a mortgage acount

Chelsea Mortgage charges claimed £404 part pay £172 MCOL

Is this your Chelsea mortgage charges claim or something else. Why is it Multi-track for only £232? The costs could be enormous.

borgbaiter

hi

after i started claiming i realised the cashback they gave and took back was also a penalty charge in the sum of £3050 so its boosted the claim to nearly 5K


even so the claim is still under £5,000


thanks for your interest orford

Borgbaiter

Orford

Well you could try making an application to vary the order asking for small claims track or if multi-track that small claims costs apply

borgbaiter

ill have to think on that but do you think it will work?

borgbaiter

hi

seems i have a further problem in my claim. as part of the mortgage there is a term saying basically if i take them to court or they take me to court i have to pay their costs :-S

this seems unfair in the extreme as im now paying for them to defend against my claim



Borgbaiter

borgbaiter

it seems this forums died.

could be the constant knocks from anti claimers or may be anything but iv found no real help here with my problems.

maybe the recaliming side should be left to other sites and not hold up hopes here with no support?


Borgbaiter

ps i nearly missed a court deadline waiting for advise that never came.

krisskross

borgbaiter wrote: »

it seems this forums died.

could be the constant knocks from anti claimers or may be anything but iv found no real help here with my problems.

maybe the recaliming side should be left to other sites and not hold up hopes here with no support?


Borgbaiter

ps i nearly missed a court deadline waiting for advise that never came.

Maybe no one knows the answers to your questions and that's why no one is offering advice.

If you need proper legal advice then I would advise seeing a solicitor who deals with the type of problem you have.