Birmingham Midshires

[JULI99]

Hi Everyone

 

Got All My Others Nicely Underway And Am Now Starting Out On Another Quest.

 

Got Charged Erc On My Mortgage But The Total Written Down Was Including A Thing Called A Vacation Fee, Only About £80 But Wondered Could I Get It Back.

 

Every Little Helps

 

Juli99

[ukaviator]

Hi Juli

 

Someone on this site got their £150 vacating fee back. Funny how that fee is a different amount. Thought it would be the same for everyone. Probably the fee is in stages depending on how much the mortgage is.

 

Uk

[gizmo111]

Hi Juli

 

Someone on this site got their £150 vacating fee back. Funny how that fee is a different amount. Thought it would be the same for everyone. Probably the fee is in stages depending on how much the mortgage is.

 

Uk

 

Or knowing the way these charges are worked out could be your account no divided by your door no!

[JULI99]

I Am Going To Claim For It And Argue The Rights And Wrongs Later.

 

Juli 99

[ukaviator]

Hi Julie

 

Try and claim it is my advice. Someone did get their vacating fee back recently.

Here is the link.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/34495-mortgage-charges-vacating-fee.html?highlight=vacating+fee

 

Good luck

 

Uk...

[TideTurner]

I was charged £50.00 for my vacating fee, if this amount exceeds the costs incurred by the bank it should be considered to be a penalty, unless specifically mentioned in the original contract that cessation would be subject to a 'vacating fee'.

[JULI99]

Recieved reply from my prelim letter from BM. Seems pretty standard but last paragraph states I have reached the end of their internal complaints procedure and do not feel that further correspondence with me on this matter will help resolve the complaint. Do you think I need to do an LBA or go straight to MCOL.

 

Will copy letter out fully on Monday.

 

JULI99

[zootscoot]

Hi Juli99

 

Do an LBA. Under the Civil Procedure Rules you are required to give 28 days notice in writing before commencing on court action and continue correspondence to try to achieve a settlement.

 

Hope this helps

 

Zoot

[TideTurner]

This is a standard letter and means the clock is counting should you wish to make a complaint to the Financial Services Authority. You won't get much more sense out of them from here (although they can still make an offer after your LBA).

[TideTurner]

JULI99, have you made any progress with this? I have a claim against BM and received similar. They haven't given you everything you are entitled to.

[JULI99]

Sorry for being away for so long, got disconnected from the internet for reasons unknown to anyone on 21st December and have been battling to get back on line ever since. Router still not up and running.

 

Recieved back letter in reply to my LBA saying that they had already said everything they had to say in previous letter.

 

Going to get everything up to date and then off to court we go.

 

Juli99

[shovey]

Good luck juli, im in the middle of taking them to court, there return date is 14th feb.

[TideTurner]

Juli99, Shovey, BM are renowned for not providing information. Their systems were assessed and upgraded when they were taken over by the Halifax. This massively increased their ability to manage existing accounts, apply charges and foreclose on those they didn't consider profiitable. You need to state clearly and specifically the information you have requested from them. You may then show the Court that the requested information has not been forthcoming.

 

Most importantly, you will be able to show 'concealement' should they try to use the S5. Limitation Act as a defence. Charges against mortgages go way back, and S32 covers concealement with respect to discovery.

 

Have you made a Subject Access Request with them? Be very specific with the information you are requesting. BM deny they have microphiche records - but have later released them. These records are held in a 'structured' format and therefore must be disclosed upon request. I have previously posted a SAR specifically for info they have refused for mortgages. Their systems have a 'notes' facility, which you are also entitled to, as you are the data subject.

 

I'll try dig my post out as my own letter is specific to my case.

 

Tip: Request all information (request EVERYTHING), then point out information they have failed to provide (the Court can order disclosure of this if you bring their failure to provide it to the Courts attention either by Letter Before Action, Allocation Questionaire, Court Bundle.

 

Tide

[C2mof]

Did anyone flush the Birmiungham Midshires out with a strong letter or did you always have to sue?

[biffa1965]

regarding charges we ve mostly managed to get it sorted with letters , however ERCs have always gone leagl unfortunatley

[TideTurner]

BM are still holding out with me, but I have proceeded with caution as I have a fairly big claim. If it's any consolation, I have them banged to rights in several areas and they know it. They are therefore playing the legal / waiting game which the Courts are getting fed up with.