Might be barking up the wrong tree. On an erc claim could you not use the Consumer protection act where it says Unduly restricting the evidence to the consumer which then ends in legal action. I would argue that if i'd received the information relevant to the erc i may not have pursued it through the courts.

In my opinion i was mis sold a ppi by Earth Mortgages/lifestyle finance These were the brokers for SPML.However Eart/Lifestyle are now in administration so no information can be obtained. The quetion is when i redeemed my mortgage with SPML the ppi was paid back to SPML not Earth. Does my claim now lie with SPML and Earth been the third party debtor who SPML would have to chase for the money?

Claiming from Spml. No repossesion order. Mortgage was for £61200 redeemed after 8 months. Erc of £4000 plus ppp of £3800 and int. Total payback was over £70000. Not bad for 8 months.

Unfortunatley I missed alot of the ongoings with erc's. I have a claim against a mortgage company for an erc of some £4000. They applied for the claim to be struck out/ summary judgement. The case was heard today, 24/04/07.The district Judge refused to strike the claim out and adjourned the case until July. He gave me the oppurtunity to seek legal advice on this matter. That's fine but where do I go from here????

Thanks for that. Already sent them the non compliance letter giving tham 7 days ( expires tomorrow ). This is when i got the letter saying they had 40 days to comply? Gary

Thanks for that zoot. Modified your letter to include the litigation fees. So far they've responded to the charges and the erc. To date they are not willing to disclose the litigation fees? So when it gets to court stage do i file for them? Gary

Help. Getting messed around by YB. They are now 25 days over the SAR date. I have provided id,they told me the accounts didn't exsist? and now another letter saying they've got my request and have 40 days to comply??? Advice, i want to file at court now. Do i estimate my charges? how much damages can i claim for i.e letters,phone calls. Never come across such an incompetent set up.

Help. Got my statements back,what can I claim for. Lots of codes that mean nothing. Can i claim for the following. Additional interest on outstanding arrears Arrears admin fee litigation fees misc charge Gaz:?

Well done, hopefully my cheque will arrive soon. Gaz

Thanks for that I'll stick to 6 years. Thanks

Hi, looks like you'll be busy. Don't include id they may request that later. If they do it doesn't mean they get an extention to the 40 days. Just stick to the timetable for the SAR,prelim and LBA. Your in the driving seat not them. Good luck. Gaz Prelim letter sent 08/ 08/06 for £663 ( Halifax ) letter from Halifax rec 09/08/06 std reply LBA sent 23/08/06 MCOL 08/09/06 S.A.R - (Subject Access Request) form sent 11/08/06 yorkshire bank Rec letter asking for certified id S.A.R - (Subject Access Request) form sent 11/08/06 capital one S.A.R - (Subject Access Request) form sent 11/08/06 halifax ( chq cashed 17/08/06 ) S.A.R - (Subject Access Request) form sent 12/08/06 Barclays letter from Barclays rec 17/08/09 S.A.R - (Subject Access Request) form sent again 18/08/06 Barclays Rec statements from Barclays 19/08 prelim sent for £650 23/08/06 LBA sent to Barclays 07/09/06 S.A.R - (Subject Access Request) form sent BBBSC 21/08/06 ( ERC ) S.A.R - (Subject Access Request) form sent Halifax 21/08/06 ( ERC )( chq cashed 24/08/06 ) S.A.R - (Subject Access Request) form sent Paragon 25/08/06

Help I am aware that for Bank accounts and Credit cards it's 6 years and Mortgages is 12 years. What about loan accounts do they not fall under the same remit as a mortgage i.e using a lender? Gaz

Just quick update MCOL filed today. Gaz Prelim letter sent 08/ 08/06 for £663 ( Halifax ) letter from Halifax rec 09/08/06 std reply LBA sent 23/08/06 MCOL 08/09/06 S.A.R - (Subject Access Request) form sent 11/08/06 yorkshire bank Rec letter asking for certified id S.A.R - (Subject Access Request) form sent 11/08/06 capital one S.A.R - (Subject Access Request) form sent 11/08/06 halifax ( chq cashed 17/08/06 ) S.A.R - (Subject Access Request) form sent 12/08/06 Barclays letter from Barclays rec 17/08/09 S.A.R - (Subject Access Request) form sent again 18/08/06 Barclays Rec statements from Barclays 19/08 prelim sent for £650 23/08/06 S.A.R - (Subject Access Request) form sent BBBSC 21/08/06 ( ERC ) S.A.R - (Subject Access Request) form sent Halifax 21/08/06 ( ERC )( chq cashed 24/08/06 ) S.A.R - (Subject Access Request) form sent Paragon 25/08/06

Look in the banks template lib for the partial settlement letter. Only send LBA if 14 days have expired from your prelim letter. This was my response. Response to settlement offer. Dear xxxx Thank you for your letter dated xxxxxxxxxx I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account between xxxxxx-xxxxx, totaling £xxxx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. My letter before action sent previously indicates that you have until xxxxxx to respond before Court action commences. You are reminded that there will be no extension to this timescale. I trust this clarifies my position. Yours faithfully xxxxxx

Look through the forum and especially at the FAQ sect. You will find a step by step guide on how to reclaim your charges. Good Luck Gaz