Zoot v Halifax Mortgages ***SETTLED IN FULL*** *

[callumsgran]

Excellent news, well done to you! What an inspiration you are to everyone in the same boat!

[Bushman]

Congratulations Zoot, you deserve it, enjoy the champagne!!

[ginamaunder]

that is fantastic news zoot well done just proves its worth taking it all the way,i due to send my second letter on monday no reply from the first what a surprise!!. congratulaions again

[paddym]

congrats zoot well done a credit and a great example for us all to follow enjoy ur success u deserve it !

[zootscoot]

Ahh Thanks for all you heart warming comments... I'm filling up!

 

A donation will be on its way as soon as I actually get my hands on the money! If it wasn't for this site I wouldn't have even considered reclaiming it. I'm well chuffed because its my first claim and I knew it wasn't as straight forward as the bank charges. I was sceptical at first but the more I looked ino the more I was convinced that ERCs are unlawful penalties. So LTWFB I'm sure I won't be the last!

 

I'll be watching the rest of your claims with interest, I think I've subscribed to most of the threads in this section! I'm sure Halifax are pussy cats in comparison to others lenders people are taking on particularly Kensington and GMAC so I'll be supporting you all the way.

 

I'm currently with GMAC and am already thinking about taking them on... once I've cleaned up my credit history and remortgaged...

 

I hope I've given you all a little more confidence to carry on your claims and wish you all every success!

 

All the best

 

Zoot

[ginamaunder]

hi zoot seeing as you have done so well! can you tell me what you put in your second letter?, i am due to send it monday thanks

[zootscoot]

Hi Gina,

 

It was the LBA template with appropriate changes for ERC. I didn't add any legal bits simply referred 'to as outlined in previous letter' after the bit about being contrary to common law and statutes.

 

There's not really a great deal to add at this stage other than outline the fact that they could save themselves the cost and inconvenience of a court claim if they pay up now. But its unlikely they will payout before court in any event.

 

Hope this helps

 

Zoot

[ginamaunder]

thanks thats great i will do tha!

[Beserker]

Congrats Zoot,

Well chuffed for you. Before I started reading the forums on this site I was, I expect, like so many; just accepting that because I had signed an agreement I was tied into unfair terms and conditions. Now I know.

Great stuff.

[zootscoot]

Yes Beserker you and many others! I bet the mortgage companies are quaking in their boots!

 

Cheque received this morning.

[paddym]

nice one zoot wish i could see that big smile on your face dont forget to photocopy it before you cash it enjoy !

[Paul65]

sweet.

[Rosemary]

ZOOT - what a cracker! Well done to you. That news has made my weekend.

[paulwlton]

Nice one Zoot,

[martin2006]

excellent news Zoot, my MCOL is due to be done very soon. Just as soon as i have the court fees.

Could you pls post the wording you used on your claim.

 

Many thanks

[zootscoot]

Hi Martin,

 

This is what I used. It just about fits when you add the standard bit about interest

 

I am claiming the return of money taken by the defendant in the way of a redemption penalty charge on xx/xx/xxxx from account no xxxx. This charge relates to my breach of contract in that I terminated the contract before the agreed period. The defendant's charge for my breach is a disproportionate penalty and therefore unenforceable as it is contrary to common law as established in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Further, as a disproportionate penalty it is invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). I have repeatedly asked the defendant to justify their charges but they have declined to do so.

 

Hope this helps

 

Zoot

[martin2006]

Thanks Zoot thats an enormous help

[biffa1965]

allo just a kwik hello to everyone, just want to say how informative this thread is and congrats to zoot for his success ive just enjoyed success with capital one and have a claim ongoing with halifax. but after reading this business involving ercs iam going after birmingham midshires and the chelsea biulding society. keep you all updated cheers biffa

[Treacle's Dad]

hi zoot, could you plaese give me the letter and terminoligy that you used from start to finish? i,m going for both Kensington and Mortgages 6 PLC for high redemption charges! roughly about £5k

will keep you posted....T.D.

[zootscoot]

Good luck Biffa & Treacle's Dad,

 

The preliminary letter is in this thread page 1 post 14, the LBA was simply an adapted template LBA from the library and the Particulars of Claim for MCOL is above in post 41.

 

All the best Zoot

[Paul65]

can someone please help me here.

I have received my S.A.R - (Subject Access Request) back and caculate as follows.

unpaid direct debit fee £30 x 4 = £120

Arrears fee £45 x 7 = £315

Deeds fee £40 x 1 = £40

ERC = £488.70

Total so far of £963.17

 

Thing is i have more charges for things on this statement and was wondering what i could claim for.

 

 

Redemtion statement fee £15 x 6 = £90

Statement fee £25 x 1 = £25

Final reminder default notice fee £25 x 1 = £25

Higher lending charge £528

Completion fee £495

1st solicitors letter £25

solicitors fees £481.23

solicitors fees again £229.78

Redemtion admin fee £210

 

can i claim for any of these, please help.

[wolfcub]

Well done Zoot - and What a great thread.

 

Beserka - I'm on the trail of Igroup now - what happened to you? The ***** tried to repossess my £300k house for being £600 in arrears. By the time I got tp court, it was over £1200 inc the charges.

 

Just won V Lloyds so will turn my attention to ERP and Igroup.

 

Cheers

[tamadus]

WoooHoooo I have spent all morning searching for the redemption statement from Abbey when I remortgaged my house in 2004. ERC of £2119.00 was charged so time to write a nice letter to Abbey asking for that back

 

Hope you don't mind if I borrow your letters for it zootscoot. I promise you can have them back afterwards

[martinpar]

Zoot,

 

This thread has really fired me up. Our house has changed hands between my wife and I a few times in recent years, always with a hefty redemption fee. Last one was about 12k. That time the property was repossessed and we got back in within a month after my wife's new mortgage completed. Does the repossession affect a claim in any way, do you think? (I will have to check the paperwork but I imagine they'll be a few penalty charges accrued as well).

[Beserker]

Wolf,

 

I'm concentrating on A&L at the moment.

 

Yup, IGroup are horrors, I fell in arrears with them but avoided (just) the repossesion process by arranging another mortgage with (don't laugh) Kensington, who seem to have either morphed into Devonshires (or more likely, sold the portfolio on), but that was before I found this site. Now I am trying to clean up my credit history so's I can get back to the "High St" lenders and get away from these bandits. I think IGroup might just go all the way because the ERC, or whatever it's called on a secured loan, was quite large.