sammyjammy
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Birmingham Midshires ERC ***WON***
sammyjammy replied to lickthewallfatboy's topic in Mortgage companies
I'm so pleased for you! Gives me the strength to put my claim on for Monday! Sam -
I know nobody has replied yet but I though of something else reading another thread, its usually assumed that you pay the ERC to get out of what is a preferential rate or other benefit, in my case the mortgage was 2.25% above base rate tracker and I paid nearly £2000 in fees to be allowed the mortgage in the first place, there is therefore IMO no loss whatsoever, should I try and word this in the claim particulars or leave it for the hearing if I'm unlucky enough to get one? Thanks again Sam
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I've included below the particulars for my claim, I'm not very good at this kind of thing and so I've had to try and adapt it fro mthe bank charges template. I've removed the bit that says about sending a schedule of charges because there was just one charge which was detailed in both letters, is that ok? I'd be grateful for any comments changes anyone can make, I'm feeling pretty stupid! 1. The Claimant had a mortgage A/c ***** with the Defendant from 9th September 2003 to***** 2. On the **** 2005 the Defendant debited a redemption penalty charge of £1928.64 when the mortgage was repaid in full. 3. Defendant is aware of details, as the charge has already been supplied. 4. Claimant contends: (a) The charge exceeds the Defendant's loss; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amount debited of £1928.64; (b) Interest per S.69 County Courts Act of 8% - £148.08 continuing at 8% until judgment or settlement at a daily rate of £0.43; 6. Alternatively, if the charge is a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court." Its currently 160 words. Sam
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Hi Guys, I'm just starting to do my claim online ready for Monday! I need some help though, when I had the mortgage the company was IGroup but I'm not sure what name I need to put on Moneyclaim, I've got their registered address but should I put company name IGroup or GE Money Home Lending? Below is from their website, any advice appreciated. "igroup is a provider of 1st mortgages and secured loans. "igroup" is a trading style of GE Money Home Lending Ltd which provides 1st mortgages . Registered office: Malvern House, Croxley Business Park, Watford, Herts WD18 8YF, registered in England - company number 3770763. GE Money Home Lending Limited is authorised and regulated by the Financial Services Authority. "igroup" is also a trading style of GE Money Secured Loans Limited which provides secured loans. Registered office: Malvern House, Croxley business Park, Watford, Herts WD18 8YF. Registered in England - company number 3770763. "
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The rule is 12 years for mortgages and secured loans over the value of £25k I believe, good luck! Sam
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LBA sent today, don't expect a reply but will give them 14 days anyway. Sam
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These guys at Gmac don’t get it; do they?**FINISHED**
sammyjammy replied to donelly's topic in Other Institutions Successes
Sorry if this seems a bit thick but are they saying if you win they will then sue you for their costs? Its bizarre and surely not allowed? Sam -
Thank the Lord!! I've found the redemption statement from the solicitors that did my new mortgage, its £1928.64, feel relieved now I know the real amount paid, due to send LBA on Monday, no reply to first letter as yet, have to confess am a little relieved! Sam
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Thank you sweetie! You made me blush.... Sam
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How bizarre, they wouldn't have even had a clue what was in it? I wonder if its a postman problem, i.e posty cannot be bothered to post it so says it was refused (sorry to any good posties out there!) you could always pop it in the postbox of your local branch, you can deliver them to any address apparantly Sam
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Emma, Why don't you give the money claim helpline a call, I hear they are very helpful. Sam
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You've given them more than enough time you've sent the two letters required as long as your second one told them you would be taking them to court as well as turning down the offer, next you need to lodge your claim with the court. Sam
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Juli99 Which address did you send it to? YOu can send it to any address, why not try their registered one. Sam
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I need help filling out my money claim form but I cannot find the relevant link can anyone help, its so hard!! Sorry for being so thick. Sam
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Mortgage Discharge Fees** WON !!! **
sammyjammy replied to Rob S's topic in Other Institutions Successes
Keep going its your timetable not theirs, send the LBA when the 14 days is up, good luck Sam -
SML, Check out Zoot v Halifax settled thread, Zoot has kindly included the wording used for her preliminary letter, I'm sure she would be pleased to post the LBA as well if thats the stage you are at. Sam
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Mr GS v Chelsea BS (reclaiming ERC's)
sammyjammy replied to garystacey's topic in Mortgage companies
I'm not sure what you have read to make you think that but yes you can try. Claiming back ERCs is still relatively new and untested although there are a few on here that have had successful claims. My own ERC was £2035 made up of 6 months interst and I'm currently trying to get this back as we speak, you can send the template requesting the return of the ERC straightaway as you have all necessary information. Check out Zoots halifax settled thread which has examples of templates. Good luck Sam -
Anything back yet Mickey? I'm getting nervous, it'll be time to send LBA on Monday, no reply yet but I guess I'm not really surprised, keep expecting a nasty message from them on ansaphone! I wish we knew of someone that had already taken them in hand....... Sam
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If you reread Zoots reply she has actually answered your question, send them a letter asking them to justify charges and break them down, then send LBA, check out Zoots settled thread for more info on letters. Sam
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Zoot v Halifax 1st Mortgage + 2nd Mortgage **WON**
sammyjammy replied to zootscoot's topic in Other Institutions Successes
Well if they had anything about them they would already know about your previously successful claim and put a cheque in the post immediately on contact, hmm guess not then, good luck. Sam -
Mine was 2 yrs into a 4yr deal (2.25% above base rate!) and was £2035, with IGroup, I'm really scared, I seem to be the one most advanced against them, gulp! Sam
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Its quite usual for the court date to be some way off, they are very busy, I wouldn't consider contacting them about settlement, it mwill make them think you are desparate which as you all know makes them even worse to deal with, sit tight and wait is my best advice. Sam
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Dayglo v Natwest Mortgages ***SETTLED IN FULL***
sammyjammy replied to dayglo's topic in Other Institutions Successes
I'm particularly nervous as I'm going after a "subprime" lender, they have a reputation for being sharks, not looking forward to my first letter from them, if indeed they reply at all. Sam -
COLLIERS V NATIONWIDE-HELP!!! What charges can i claim back
sammyjammy replied to a topic in Mortgage companies
What are the solicitors charges for?
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