Abbey - Erc - Help Needed

[stuflo]

A friend is claiming an ERC from Abbey - after sending preliminary letter she has received the following response:-

I am unable to comment on the above cases mentioned in your letter as they have no relevance to your mortgage account., Abbey expects you and your financial advisor, and any solicitors acting for you to have read the terms and conditions of your mortgage carefully, because once your mortgage begins you are legally bound by them. Your terms and conditions clearly states that you would be charged if your mortgage account was repaid within 60 months of it being taken out.

Because you went ahead with your mortgage we believe you understood the terms and conditions of the mortgage contract. It is our position that you must have been aware of the need to pay us a early redemption charge if you closed your mortgage account before the date we had agreed on. I can’t agree with the comments that Abbey have acted illegally by making this charge as we haven’t broken the contract made between you and the company, In view of above I can’t agree that you are entitled to a refund of the early repayment charge when your account was repaid in March 2005.

Please be assured that I have carried out a full investigation for you.

Is this the standard reply?

What does she do now - any help would be very much appreciated.

[dolly]

Standard reply, dressed up in a different format.

 

If she wants to carry on she needs to issue the LBA letter before filing a claim with the courts.

[Les Gunn]

Hi stuflo,

 

Sounds like a new take on an old excuse...perhaps to fob you off.

Stick to your timetable and LBA/MCOL if necessary.

 

Good Luck!