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Hi, i intend on taking my Creditor to Court vis a vis S140 Consumer Credit Act 1974. Unfair Relationship.
I will allege that they unilaterally extended my agreement term by ten years with no basis, and of course did not notify me .........contrary to the CCA1974.
I will also allege they told me either lies or misdirection repeatedly over several years. They made errors on my completion of my agreement. etc...And infact the unfairness extends from the inception right through until the present day, the relationship is still ongoing.
My agreement is an actual mortgage circa 1988/1989. The letters i have tell me its regulated under the Consumer Credit Act. It was for £13.3K so under the threshold for when mortgages where transferred to the Regulated Mortgages regime......so BCOBS / MCOBS etc does not apply retrospectivley to me. I've never lost the protections of the CCA1974 though and mine is a "legacy CCA" or known as a "Regulated Credit Agreement".
When i made complaint to my lender they reffered me to "time limits" and cut me off. They did reffer me to the FOS, and i got the same answer back about "time limits". In brief they say i need to make complaint within six years of the event i'm complaing about etc.. And this information is broadly in keeping with the Limitation Act for Tort and Contract and broadly in keeping with how the FOS operates. FOS did refuse to look at my complaint on these grounds. I 've appealed it on the basis that what is happening to me is happening right now.......... its not some sort of historic fact. I'm not holding my breath waiting for a FOS determination over wether they will even look at it. So thats where i am up to. I'll just add ............. i've never had a default or been in actual arrears with my mortgage. No difficulty whatsoever at any stage.............. its just ran. Ive paid what they asked. And to add to the Unfair Relationship scenario i'd just add...... as it is a "regulated consumer agreement" they are answerable at every stage to me whilst we have an ongoing relationship, so these "time limits" don't seem to have any basis at all.
Thats the background story. Here are my questions:
[1] For a Money Claim i need to assess what my claim is for and it goes up in scales according to the amount i am claiming. If i leave it blank then the cost is £10k if i've read it right ? So how can i assess my claim? Lets assume a Judge agrees with me that the relationship is unfair. How would he remedy it? The powers under the Act literally allow the Court to do as they see fit. The one constant is i lent £13.3k so i will have to pay it back. A court could rule i was done out of the first four years of my mortgage roughly £5k plus interest, or they could rule the whole relationship so unfair that they direct the creditor to return all interest payments........... wild guess......... near £30k?
[2] Can such a claim be held in a small court, as opposed to fast track or higher courts ?
[3] Could anyone give me a ballpark figure of my costs if i lost ? At any stage ? I realise that i may need qualified Legal advice, and fortunatley for me i am round the corner and can walk to JCS !! But i think i just need some advice for where i am up to now?
I have already put my creditor on notice to consider consulting legal advice. I have also told them their "time limits" are arbitrary limits, no such exemption applies to our consumer contract. I've put foreward further examples to them with their own paperwork where they are telling outright lies. They just seem to be making everything really hard for me.
Any advice greatfully recieved.
I will allege that they unilaterally extended my agreement term by ten years with no basis, and of course did not notify me .........contrary to the CCA1974.
I will also allege they told me either lies or misdirection repeatedly over several years. They made errors on my completion of my agreement. etc...And infact the unfairness extends from the inception right through until the present day, the relationship is still ongoing.
My agreement is an actual mortgage circa 1988/1989. The letters i have tell me its regulated under the Consumer Credit Act. It was for £13.3K so under the threshold for when mortgages where transferred to the Regulated Mortgages regime......so BCOBS / MCOBS etc does not apply retrospectivley to me. I've never lost the protections of the CCA1974 though and mine is a "legacy CCA" or known as a "Regulated Credit Agreement".
When i made complaint to my lender they reffered me to "time limits" and cut me off. They did reffer me to the FOS, and i got the same answer back about "time limits". In brief they say i need to make complaint within six years of the event i'm complaing about etc.. And this information is broadly in keeping with the Limitation Act for Tort and Contract and broadly in keeping with how the FOS operates. FOS did refuse to look at my complaint on these grounds. I 've appealed it on the basis that what is happening to me is happening right now.......... its not some sort of historic fact. I'm not holding my breath waiting for a FOS determination over wether they will even look at it. So thats where i am up to. I'll just add ............. i've never had a default or been in actual arrears with my mortgage. No difficulty whatsoever at any stage.............. its just ran. Ive paid what they asked. And to add to the Unfair Relationship scenario i'd just add...... as it is a "regulated consumer agreement" they are answerable at every stage to me whilst we have an ongoing relationship, so these "time limits" don't seem to have any basis at all.
Thats the background story. Here are my questions:
[1] For a Money Claim i need to assess what my claim is for and it goes up in scales according to the amount i am claiming. If i leave it blank then the cost is £10k if i've read it right ? So how can i assess my claim? Lets assume a Judge agrees with me that the relationship is unfair. How would he remedy it? The powers under the Act literally allow the Court to do as they see fit. The one constant is i lent £13.3k so i will have to pay it back. A court could rule i was done out of the first four years of my mortgage roughly £5k plus interest, or they could rule the whole relationship so unfair that they direct the creditor to return all interest payments........... wild guess......... near £30k?
[2] Can such a claim be held in a small court, as opposed to fast track or higher courts ?
[3] Could anyone give me a ballpark figure of my costs if i lost ? At any stage ? I realise that i may need qualified Legal advice, and fortunatley for me i am round the corner and can walk to JCS !! But i think i just need some advice for where i am up to now?
I have already put my creditor on notice to consider consulting legal advice. I have also told them their "time limits" are arbitrary limits, no such exemption applies to our consumer contract. I've put foreward further examples to them with their own paperwork where they are telling outright lies. They just seem to be making everything really hard for me.
Any advice greatfully recieved.
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