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By 'breach' do you mean 'date when I dispute that there was a new contract but they say there was one'?
If so, Novermber 2006 in my view. I have the exact date and who I spoke to. They did not represent the options in writing only verbally and I chose one of them. They never articulated verbally that I would be swopping the reversionary rate of the mortgage from a tracker at 1.79% above base to theIr standard variable rate as part of this new three year deal ..i.e. that they were giving me one thing but taking something else away which was one reasons I took their product in the first place. The only thing they say they sent was a Product transfer offer confirimng that I would be on a tracker rate until Jan 2010 and then on their variable rate but I never received this or signed anything.
At the time banks were falling over themselves ot lend money. I believe they would not have wanted to articulate anything that could put me off taking a deal but at the same time wanted to get rid of the tracker rate that was less commercially attractive for them, as SVR is always higher.
The breach of contract only became apparent in January 2010 and I held back pursuing it while the Ombudsman were looking at it which took nearly 15 months. Can I argue that the breach took place at the point they tried to enforce the SVR in January 2010 as prior to that they did what I thought they were contracted to do?
If I go back to the Ombudsman they will need new evidence. All I appear to have that is new since they ruled agasint me is my diary showing dates and person I spoke to in November 2006 as per my previous E Mail.
Even if I can sue them do I have little chance of success against a big bank especially given that I will be mainly representing myself?
Also if I lose will they add their costs to my mortage balance or sue me for the money.
If I couldn't pay might they go for bankruptcy?
Given what I have told you and given the risks to me even though we are disputing a very large amount of money per month would you advise me not to pursue this and take it back to the Ombudsman. If the Ombudsman still say no, to settle with the bank in some way to de-risk this?
Onefurther question. As I said I had a solicotor who had agreed to take this on a no win no fee basis but it now appears he never had authority from the insurers to do this. Can he withdraw this from me once he has agreed to do it or is he bound to continue it? If so do I have any chance of getting anyone to take on a case like this on no win no fee or is that highly unlikely?
If he refuses to and given that I have been told by a court that I have to counterclaim withn 2 weeks of now what should I do/who should I go to? He now wants £750 plus VAT to put in the counterclaim that I can ill afford. I have the no win no fee terms in writing but he has withdrawn this facility verbally saying his firm were never paid for what has been done so far.
Having no win no fee gave me some element of courage on this case. If it is withdrawn I will be in a worse position than when I started as I could have come to an arrangement with the bank before it came to court for repossession.
Can I tell the court what he has done and that it is delaying me putting in a counterclaim and ask for more time? How would I do this?
If he agrees and this can continue on a NWNF basis will this take away my risk re the other side's costs.
It does. If this can contiue on a NWNF basis would that mitigate any risk re the other side's costs if I lose?
If the solicitor refuses to continue on NWNF what should I do given the urgency?
Does the soliciotor have any liability if he took this on on NWNF and then pulled it without my consent?
How do I know this if he never articulated it at the point we agreed NWNF?
So just to be clear before closing:
1) The case may be a non starter if Limitation Act of 1980 applies
2) Even if it does not apply it looks to you like a weak case or at least < 50% chance of success.
3) I could be on for a lot of costs if I lose. £10,000 or more and these won't get added on to my mortgage.
4) Running this myself increases risk.
5) I can delay recent judgement using N140 application.
6) My solicitor may be under no obligation to continue this on NWNF.
7) If he won't you advise me not to sue the bank as it is too risky
8) Ombudsman is best option if I have new evidence.
Is that all correct?
What do I do if I want you specifically for follow up later should this develop?
One further question.
Does the 1980 Limitiatonis act not allow 12 years for a contract on land? Would this not apply here?
Thanks for this.
I can't find the N140 form online.
Can I use it to ask for an order of court to be varied?
Last Monday there was a repossession hearing as an outomce of this dispute due to alleged arrears. I was was told that the judge would not grant a suspended possession order and would agree to certain terms of payment if I counterclaimed against the bank within 21 days. I now can't counterclaim in this window because NWNF has been withdrawn. Can I ask for more time using N140?
Also the amounts articulated by the bank in that hearing now appear wrong. If I have some proof of this can I also ask for the payments agreed in the hearing to be changed?
Thanks again for clarity.
If I do this using N244 how quickly will I get a response or will there need to be another hearing?
Am I still bound by the original order until I get a response or this is agreed/resolved or will it all go on hold? What if this goes beyond the 21 days to counterclaim?
That is fine from a monetary point of view but what if it is impossible for me to counterclaim properly in the window agreed due to the new circumstances. This may make it impossible for me to not breach the first order and would force me to put in a counterclaim at all costs even if I did it myself. Also the monetery amount has only been agreed on the condition I counterclaim in 21 days. Is this catch 22?
How do I ask for that extension? Assume that is in additon to the N244?
Thanks I will do that.
You are a real star. Thank you so much for your help and advice. At least I can make a more informed decision at this stage. I cannot thank you enough. Will look to continuing thread if this moves on.