ok no prob, will fire off the 2nd letter, just wanted to check with you guys

I have recieved a letter from HSBC after I sent my 1st letter to them, needs some acvice on what to do from here? Thank You for your letter dated 4th June Your Claim has already been registered and we have previously sent you an acknowledgement explaining the position concerning the legal proceedings with the OFT in relation to bank charges. If you did not recieve this letter, please let us know and we will be pleased to send it again. We will keep you updated appropriatley about the proceedings with the OFT. You will be able to check the latest position on our website www.hsbc.co.uk Yours bla bla bla!!!

Hi Again... I am I right in saying the banks had until the end of May to appeal? If so did they? Thanks

Ok so I'll post off the letter again with the list of my charges, but when they reply saying I have to wait for the court thing to finish do I just then send the letter again or is there a template letter I can send? Thanks Dean

Hi Pete Thanks for the reply. Yeah ok makes sense regarding the loan but think im still going on strike regarding the OD. Although I have had a couple of successful cases against HSBC about 18 months ago I sent a letter of around December 07 for new claim and the said I had to wait for the "Big OFT Case" to be resolved, since then the charges have got higher (upto about £3400), I assume I have to wait for the whole case to be resolved before a submit a new claim? Do we are when will we find out if the banks are going to appeal? Thanks Dean

Hi Just a couple of questions I need advice on please I had a £500 overdraft which spiraled to £1500 (only £500 agreed though)due to my Neice dieing in a horse riding accident I had to take 2 weeks off work to be with my brother and as I'm a contractor I obviously didnt get paid, I explained my situation to the bank and just asked for them to increase my OD to £2000 for 1 month only to allow me to catch up and to stop the ridiculous charges mounting but suprise suprise they wouldnt help and the charges soon mounted!!! Anyway I have now stopped using this account because they were not willing to help, I told them I would pay it back when I can afford it or when they pay my £3400 of outstanding charges back to me? The other issue being I have now missed 3 of my loan payments with them? Am I being stupid doing this, should I just start paying the OD and Loan back in small amounts now? Sorry for the long thread but would like some advice on this Thanks

Thanks for your responses... Dont think I would quailfy, I'm probably not much different to most on here, the usual money difficulties, missed mortgage payments etc. Realistically is the test case likely to be resovled this year? Thanks

Hi, I know the "test case" started mid January and most claims have been put on hold, but from various sites (I think) if I have understood correctly that some claims can still be processed if deemed a "financail difficulty case", but it has to go to the Ombudsman? If this is the case what is seen as a "financail difficulty case" Thanks

any more news ???

Hi Everyone... This is the latest from my claim, i received this letter a couple of days ago from MAS... Thank you for your letter received 7th of January 2007. Your previous letters have been through our complaints procedure, which has now been exhausted, and we cannot add anything further to that already said. Should you wish to take us to court, we will instruct our solicitors who will vigorously defend any proceedings that are issued. Please ensure that any proceedings are served on: Mortgage Agency Services Number Six at address: Po Box 138, Plymouth, PL1 1XY quoting Ref:########## I know this is there standard letter they send, so I take it I start the court proceedings now? If so do I do it in the same way as the bank charges - MCOL? Thanks and good luck everyone... Money...

does it matter that its about 3 weeks past the deadline I gave, can they use that against me?

Hi poeple... I know this is the wrong thread but this has been one I have been following and you have all been very helpful so I have 1 very quick question... I'm currently claiming ERC and Cahoot charges, the ERC is just waiting for a reply to the 2nd letter I sent. The Cahoot I sent the 2nd letter at the end of Nov giving them a final warning 14 days or I start the MCOL, I was away over the Xmas period so couldnt start the MCOL mid December, but got a letter from Abbey on the 28th (2 weeks past the deadline I gave them) saying they are investigating my claim please give them 4 weeks to investigate it, then today I get another letter saying please give them another 4 weeks from the date of this letter??? I know they are delay tactics but do you think I'm in the right to just start the MCOL as they are weeks past the deadline I gave them? Thanks and sorry for putting this on this thread, it wont happen again! Money...

Hi Catherine Bear, Wow a year ! I know its never nice and easy but I thought with letter 1 they get 14 days to resond then letter 2 another 14 days and then the court procedings??? How come they have managed to drag it on for so long? Thanks We will ALL get there in the end !!!

Hi Zoot, I finally got a response today to the 1st letter I sent from MAS. Dear XXXXXX Thank you for giving me the opportunity to investigate your concerns. There is no suggestion that the implementation of the early redemption charge, which was quite clearly detailed within the the terms and conditions of your mortgage, was intended as a penatly. The use of the word penatly suggests that you have breached you r agreement in some way and this is most definitely not the case, nor have we ever suggested otherwise. You were quite entitled to re-mortgage with another lender and therefore the early resemption charge is not a charge to penalise a defaulting borrower. It was charged because the precise details of the mortgage product offered to you were, as you will know based on repayments over a period of 22 years. As such, the profit that the company factored into the proposed arrangement was based on the receipt of monthly payments long after the time term financial agreement, not a short-term loan. Mrs XXXX has already advised you of some of the itemstaken into consideration to determine the level of early repayment charge. I can add little to this other than to say that for the lender not to safeguard themselves against early settlement would be commercially unsound. It is your prerogative to pursue your complaint as you see fit and if your intention remains to raise County Court Action in an attempt to recover the amount in question, please let me know and I will advise you to whom the summons should be served. However should you choose to do so, you should be aware that will defend any such action and you eill run the risk of incurring additional solicitors costs and you may wish to reflect upon the implications of such action. My response concludes out internal complaints procedure and I trust that your comaplaint is now resolved to your satisfaction. If however, you are still not satisfied with my response, you may approach the financail Ombudsman service within six months of the date of this letter. Details of this service are explained in the enclosed leaflet. Zoot do I still use the letter you pasted into tis thread and do I need to add anything now I have a response? finally, do I just reply to the sender of the letter or the financail ombudsman? Thanks

Ok, so surprisingly enough I havent heard anything from MAS, I only have the first letter we send off to get the ball rolling, is there a different letter I send off if so could someone paste it on this thread please? Thanks...

ok, its nearly been 14 days since I sent my 1st letter to Mortgage Agency No. 6/Kensington for my £15k ERC (This Thursday), surprisingly enough I havent had a reply yet, I'll be getting the 2nd letter ready now....... Also made a few phone calls to see if I had any ERC's on my previous 2 mortgages and 1 of them 4 1/2 years ago (GMAC) I paid £3500 ERC, is that ok to claim that back? Thanks Dean

Thanks Zoot, that does make it alot clearer, hopefully it wont go that far but I think because of the amount I am claiming for they will fight me all the way ! Bring it on.......

aahh that would explain it, thanks paddym, its just good to understand whats going on as they never tell you?

Zoot, In the other thread you wrote "15K could push you into the multi-track which could mean going to the High Court in Lodon where barristers will be used. You can state your preference to remain in fast track in your allocation questionairre" Sorry if these are stupid questions but want to understand exactly what to do? 1. What is Mutli-track? 2. Does going through "high court" cost much and is it riskier? 3. Whats the "allocation questionaire" ? Thanks in advance

yeah no prob zootscoot, here it is.......... http://www.consumeractiongroup.co.uk/forum/mortgage-companies/35269-money-mortgage-agency-kensington.html#post276735 Thanks Paul and Catherine and Dave, I'll keep my new thread up-to-date, 1st letter being sent tomorrow !

Hi All... Thought I'd start a new thread in my quest to get MY £15K ERC back... 1. I originally took out a mortgage with kensington nearly 2 years ago after about 1 year I received a letter informing me that my mortgage is now with "Mortgage Agency Services" not sure why? Has anyone else ramdomly been moved to these? 2. I have been in this mortgage for nearly 2 years now (22months) I'm tied in for 3 years, we have just sold the house and was told we had to pay about £15k ERC (6%), with great help from other members and threads I have a great letter to start my claim... Good luck everyone, lets get back what's lawfully ours ! Bank Charges HSBC 3 accounts = £4623.00

Thanks for that Paul.......I'll get that sent off and keep everyone up-to-date with how it goes?

Zootscoot, I have taken a copy of your letter (sounds very good). If/when it goes to court, which court does it go to, because when I did my bank charges it was obviously "small claims court"? As my claim now is £15k how much and where would I go for this? Thanks in advance

Hi Catherinebear I completed on my house move last Friday (29th) and paid back my £15k redemption fee (which hurt!). I did send a letter about 3 weeks ago to my mortgage company stating laws etc and they gave me the standard rubbish, saying its "not" a penalty its an agreed fee for leaving early, and that its my fault for not reading the terms properly in the begining and my financail advisors for not advising me correct when the contract was signed ! Can some someone send me the letter I need to send to get the ball rolling? Thanks for your help and good luck to eveyone !

Hi All... I have a few questions, 1. I originally took out a mortgage with kensington nearly 2 years ago after about 1 year I received a letter informing me that my mortgage is now with "Mortgage Agency Services" not sure why? Has anyone else ramdomly been moved to these? 2. I have been in this mortgage for nearly 2 years now (22months) I'm tied in for 3 years, we are about 75% through selling it because the payments are rediclous, anyway I have been told I have to pay about £16k redemption (6%), am I right in thinking after the sale a can claim it back? 3. I have done 2 bank charge claims which were successful, the question I have here is - with the court action, isnt there some sort amount, I think its £5K that your allowed through small claims court, if so what other court and is it riskier? Thanks in advance