Hiya, I have also had exactly the same letter from GMAC but mine is the first response to my prelim letter. I am due to send the LBA but was wondering whether I should send it to the original GMAC address or to the address of their legal team that they have put in their letter to me? Any thoughts on this? I'm thinking it probably doesn't matter too much as they'll probably forward it to the relevant department anyway?? Thanx

But surely them assuming I am making or going to make a formal complaint from that line is tantamount to them accepting that I have found some unlawful charges, which they would never admit to!?! anyway, who cares what they think or why they did it, it just gave me a little giggle!!

Hi folks, I think you're right in saying that maybe zootscoot could have a look at this for you, but just wanted to bring your attention to this little snippet from the OFT in the hope that it may help a little. "A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations. A redemption charge may be regarded as a penalty even if it is expressed as the price for exercising a right rather than a consequence of breaking the agreement." Good luck with it all, am just about to send my prelim to gmac so am watching this forum closely!!!

Just to brighten your day and hopefully give everyone a little smile when they realise the (in)competency of the institutions we are dealing with!! I have just received my first letter from Lloyds since sending off my SAR. It is the normal standard "Sorry you have had cause to complain, thank you for bringing it to my attention, we will begin an immediate investigation and will respond within 28 days" Very impressive Lloyds, especially considering I haven't even made a complaint, yet! No complaint, No prelim letter, Nothing!! I guess they just anticipated I would be sending one and thought they'd pre empt me!! I think I may redraft my prelim letter to start by thanking them for their super efficient response to my letter, as theirs was written a whole week before mine!!

Hiya, I'm not taking on barclays but I think if you have a look through some of the threads in the barclays bank forum you'll probably find that this really is just standard scare tactics and that barclays are paying out in the end!! have a look through, especially the cases where us little people have won and try and get some reassurance. Mickey

Hiya sammy, no probs hijacking the thread, not like it was going far anyway!! If you have all your info from igroup then you don't need to send the SAR. You can just dive straight in with the prelim letter but don't forget if you're claiming charges to enclose a list of the charges including dates and amounts. I am only going for a redemption fee but haven't received my info from them yet, will check the dates actually cos they must be coming up to their 40 days by now!?! I'm also going after gmac for a redemption fee and am just about to type out the prelim letter so I can get it sent off tomorrow. Fingers crossed for you, in fact for both of us!!! feel free to give me a shout anytime. Mickey

Hi Mike, sorry for the delay but it's been so busy with getting the kids back to school and everything I just haven't had chance to get on here!! I have been on to Trading Standards and they have taken all the details and advised me of the following. Basically when my daughter offered them her business she entered into a contract with K&M, when they refused her business by declining her offer,(probably because of a credit check) that contract became voided. So, basically as I suspected there is no contract between her and anyone so they cannot enforce their 14 day money back rule on her. I have drafted a letter to them advising them of this and as advised by TS have told them that this is to be treated as a complaint and that if they don't sort it out I will report them to CISAS who are the arbitration people? and they will investigate the dispute and rule on it. Hopefully they will realise that we won't be bullied into paying their bill and let it go.

Hi guys, it's definately 12 working days then one calender month which I think someone worked out to be up to 49 days. Someone checked with CAB or TS can't remember which, but I think it may have been stonelaughter who checked it? As far as I've seen on here these companies are just ignoring the requests if they don't have the info and then what you do from there is your own personal choice. Personally I am looking to get the accounts closed officially and defaults removed from my credit reference files, (hopefully) but that's another war for another day!! Tell you something though, it makes a nice change for them all to be being so quiet though!!! usually get phone calls and letters non stop!!! Just enjoying the peace while it lasts!!

Not sure this is in the right place but here goes, My daughter called a company called K&M Marketing with a view to getting an orange phone on contract. They turned her down. At least 3 months later they sent the phone to my address. I tried to contact K&M several times and eventually got a call back from them asking I return the phone to them, which I did (recorded thank goodness) Orange have been billing my daughter in the meantime despite being advised of the return of the phone. Orange have been no help and always just refer her back to K&M. I wrote a letter to Orange for my daughter to sign stating the phone had been returned and enclosing a copy of the Recorded Delivery Slip. Orange have today written back with this (I've compounded it as it's rather long): Mobile was activated on 3rd May 2006. Orange operates a 14 day money back guarantee under which a handset can be returned within 14 days of activation and the account will be disconnected. enclosed Proof of Postage states handset returned on 10th June. This is outside the 14 day money back period. handset remained active and accruing charges you remain liable for the charges and remaining 12 month contractual charges. it remains your responsibility to arrange for the return of the handset in order to use the services subscribed to. they are saying that if this isn't paid they will disconnect and forward to an external DCA. I have written them a letter explaining the delay in returning the phone and advising that phone was received unsolicited as far as I'm concerned and that no contract was entered into so should not be obligated by their Ts&Cs or liable for any payments. Anyone got any advice if I'm right or wrong? Or any advice on what to do?

Bit late in the day maybe but you really shouldn't need a solicitor either, all the info you need is right here on this site!! I don't think hardly anyone on here has consulted solicitors and everyone seems to be being very successful despite (or maybe because of) that! M

Thanks for the info tamadus, the calender month after the 12 days is exactly what i'm waiting for! 24th September, D Day potentially! Not even gonna try to recover any monies paid because it just seems wrong to me, soft ain't I??

Thanks for the advice zootscoot, you have put my mind at rest as I was concerned that by lumping them together I might lose the charges if I didn't win the ERC too. Probably not the best place for me to be starting in all honesty but it's the first reply I've received and I really want to put all this reading to good use!! I follow your threads and posts with great interest by the way, you are an inspiration!!! M

Hi Noah, and welcome. Lots of people have had their charges back and not had their accounts closed, I'm pretty sure there's only one bank that are making a habit of closing accounts but not sure which one off the top of my head!! Best thing to do is to have a good read around, especially the FAQ's, they really are full of interesting and necessary info, and then find the forum for your specific bank and start your own thread in there so people can keep an eye on it and offer any help you need along the way. Good luck by the way. Sorry!! Its obviously past my bedtime!! just realised you are in Lloyds anyway!!! Haven't heard of anyone having their Lloyds account closed after reclaiming their charges so hope that puts your mind at ease a little.

Best of luck Doc, although as Elsinore says you really shouldn't need it!!

Hi again gizmo, is it just you and me here tonight?? think I know the one you mean but I was just wondering whether it would actually be best to do them as 2 seperate issues as the charges are obvious but there seems to be some question over whether the ERC is actually reclaimable. I will still try and claim the ERC but don't want to jeopardise the charges claim if the ERC claim doesn't hold up?

Hi Harry, the matter of redemption penalties is still under discussion at the moment with some knowledgeable people saying no you can't claim them back but others saying yes you probably can. Some people are definately in the process of trying to claim them. I honestly don't know the answer to your Legal Aid question but I think if you are on jobseekers you can get exemption from any court costs but it would be a good idea to check the court website to clarify this. there are some very interesting threads in this mortgage forum which you would be well advised to have a read of, Thumderpuss2k v birmingham midshires (halifax) being one of them. Don't know how to add a link I'm afraid but have a look and I'm sure you'll find it. Hope this helps a little. M

So glad you confirmed that gizmo, it's what i'm counting on!!!

I'm sure I read on one of the threads that after the 12 working days it is then one calender month until the debt becomes unenforcable and if they want to pursue you after this they have to get court permission before they can! presumably they won't want to do this because they would have to explain to the judge why they didn't supply the requested documents and effectively committed an offence. Will try and find the thread to back this up but will bow to anyone's superior knowledge in the meantime!!

Hi susanmom, this may be of interest to you considering what they have written in their letter to you re this being a fee for excercising a right - "A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations. A redemption charge may be regarded as a penalty even if it is expressd as the price for exercising a right rather than a consequence of breaking the agreement." This is written by zootscoot in a thread in mortgage companies called harsh letter received from kensington by jamorgan. There is also a really good thread in there called Thunderpuss2k v birmingham midshires (halifax) definately worth a read if you haven't already. Hope this info helps you in some way. Just one more quick point, as someone wisely said on here somewhere!! there is a very distinct difference between their actual losses incurred and them not making as much profit as they would have like to!!!

Now that sounds like a plan andy, definately be safer than in the bank that's for sure!!! Good luck with your claim macdond, although doesn't sound like you need it!! Love your quotes by the way!!!

Thanks for the info guys, teddea I did ring the number on the back of the slip but they also advised that the letter was not delivered and considered as lost!! wasn't until I rang igroup today that I found out the first letter had been delivered. and boobaby unfortunately I had already sent the second P.O before I rang them today,(d'oh! guess I was being overcautious!!) Am gonna stick to the original timescale now I know they received it though. Also sent SAR to Lloyds but haven't heard anything from them yet either!! Although reading through on here seems as though they like to delay as much as possible!! Thanks again for the advice.

S.A.R - (Subject Access Request) sent and signed for on 8th August. Letter received asking me to clarify the extent of my request so I wrote back advising it was all financial transactions I was interested in. Reply received today with unpaid DD charges and arrears fee totalling £140 and also REDEMPTION INTEREST £2,702.54. This is the ERC but I'm just checking if I can still try and claim it back if they've renamed it? It clearly shows as ERC on the mortgage statement so I'm thinking yes?? Also could anyone please advise me, should I claim for the charges and ERC seperately or claim the full amount for both all in one fell swoop!?!

SAR sent on 5th August, not showing as signed for so second copy sent 24th August. Called igroup today as neither letter showing as signed for, both letters received and passed to Data Protection Compliance. (wish I'd thought to phone them before sending second P.O!) Still, hopefully they will refund the second £10 P.O I sent, and presumably I should use the original date for the 40 days as they have admitted receiving the letter? Anyone feel free to chip in if they think otherwise as I'm just assuming that's reasonable!!

As per visa card on other thread CCA sent and signed for on 8th August, now in default, roll on 24th September!!

CCA request sent, signed for on 8th August so as of 24th August they are in default and clock is ticking for 24th September!! One question though, if anyone can advise, should I also send SAR to find out charges or is this really not necessary as if they cannot supply agreement debt is unenforceable anyway? Any advice or opinions most gratefully received! Cheers Mickey