Phil and Alison V Northern Rock (ERC)

[phatram]

Would someone please check this for me,

Data Protection Act 1998

Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:xxxxx xxxx

Please supply me with a complete list of transactions and charges relating to my mortgage history with your organisation.Would you please ensure I receive a full breakdown of the redemption statement issued to the I Group during November 2004. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

xx xxxxxxx

Many thanks

Phatram

[paddym]

looks and reads fine !

[phatram]

Thanks.

[phatram]

Can I start again?

[phatram]

Wheres me sig gone?

[phatram]

Ah, there it is !

[phatram]

Lost it again !

[phatram]

S.A.R sent to Northern Rock on 17/11/06

Co-Op S.A.R - (Subject Access Request) sent 24/10/2006

LETTER ACKNOWLEDGED 2/11/2006.

MARBLES S.A.R - (Subject Access Request) sent 25/10/2006

MBNA S.A.R - (Subject Access Request) sent 25/10/2006

LETTER ACKNOWLEDGED 6/11/06

NORTHERN ROCK S.A.R sent 17/11/06

SEND AN EMAIL TO THE FINANCIAL OMBUDSMAN

complaint.info@financial-ombudsman.org.uk

[zootscoot]

Good luck Phatram!

 

The site admin are playing around with the settings again!

[phatram]

New SAR being sent as Royal mail have failed to deliver the 1st one.

[phatram]

It seems we were charged £1000 for "sundries" and £255 for paying off the mortgage early.

prelim posted 02/01/2007

[phatram]

LBA sent 17/01/2007 claiming £1225 back. They didn't acknowledge our Pre-lim .

http://petitions.pm.gov.uk/PAYUSBACK/

[phatram]

Phone call from Ms D Knox saying she had only received 1 letter from us, even though we have proof of delivery for all letters.

She wanted to clarify that we were asking for our ERC back and that she would pass it on to department dealing with such claims.

We of course reminded her the clock is ticking before action,one week to go !!

[phatram]

Letter from N Rock saying the £1000 is for something called "help with costs"

Has anyone come across this before and can it be claimed back?

[phatram]

Mr P xxxxxxx and Mrs A xxxxxxx

Dear Mr and Mrs xxxxxxxxxx

Help with Costs Clawback and Discharge of Mortgage Fee (DOM)

Thank you for your letter dated 17 January 2007. Unfortunately, I can find no record of receiving your letter dated 2 January 2007, which is why it was not responded to.

As I understand it you are unhappy with the Help With Costs Clawback of £1000 and the Discharge of Mortgage Fee of £250, you paid when redeeming your account on 24 November 2004.

Help with Costs

I enclose a copy of your Offer of Loan dated 10 February 2003, Section 15 clearly states, if you move your mortgage from us within the first two years following the date of completion of the Loan then the Help With Costs benefit of £1000 must be repaid in full.

Northern Rock pic disagrees entirely with the suggestion the Help With Costs Clawback is unlawful and unenforceable. This charge applied to your mortgage account represents a core term of the contract you have with Northern Rock pic. It goes directly to the heart of the bargain between you and Northern Rock pic. It does not represent any form of damages for breach of contract and is simply the agreed charge for early redemption of your mortgage. You were clearly and unambiguously notified of the charge, as an express term, prior to entering into the mortgage agreement.

Discharge of Mortgage Fee

When you took out your original mortgage with us we provided you with a leaflet "Mortgage Costs in Black and White" - this is given to all our customers at the point of application for a Northern Rock mortgage and as such is standard procedure.

I am enclosing a copy of the leaflet from which you will see that the DOM Fee and the Despatch of Title Deeds Fee (now amalgamated and called the DOM fee) are clearly shown.

Since then we have provided regular notification, at least once each year, to show our latest fees and charges, particularly when we have made changes, by inclusion with your mortgage statements. These details have set out relevant fees at the level applicable at the time, including the DOM.

[phatram]

CUSTSUPP/CREDIT/LC/xxxxxxxxxJanuary 2007

In addition your mortgage statements have made reference to the likely costs you will incur on redemption, and the DOM has specifically been clarified.

Our General Mortgage Conditions, by which you are bound, provide for our ability to make -and to increase - administration charges where applicable and a copy of this booklet was provided with your Offer of Loan.

Conclusion

In the circumstances there are no grounds upon which we can agree to refund the Help with Costs Clawback or the DOM Fee. We have been transparent in keeping you informed and therefore in disclosing the existence and the level of the fee in question.

That said, it is never our intention to be in dispute with our customers. When you took your mortgage out with us the Discharge of Mortgage Fee was £95 and the Despatch of Title Deeds Fee was £80 in total this is £175. As a gesture of goodwill I would like to offer you an ex gratia payment of £50. To accept my offer please sign and return the enclosed Acceptance Declaration using the envelope provided. It would be helpful if you could do so within the next 10 working days.

If however you feel unable to agree resolution because there are issues we have not fully addressed, please respond - preferably - in writing - setting out clearly your reasons and the additional information you would like us to consider.

I look forward to hearing from you and if you are unable to reply within the time-frame given above please let me know as soon as possible (my direct line is 0191 279 8003).

I enclose a copy of our Internal Complaints Procedure, which confirms how we handle complaints.

Yours sincerely

na n*. •

Linda Christie Customer Support

Enclosure(s) Mortgage Costs in Black & White Acceptance Declaration Envelope

Internal Complaints Procedures Offer of Loan

[phatram]

Any advice gratefully received.

[phatram]

bump

[phatram]

Has anyone else come across this with a Northern Rock mortgage?

Is it reclaimable as a penalty charge when redeeming early?

Any other info about this gratefully received.

[phatram]

northern rock

Customer Support

Northern Rock House Newcastle upon Tyne NE3 4PL

Dear Mr and Mrs xxxxxx

Help with Costs Clawback and Discharge of Mortgage Fee (DOM)

Thank you for your letter dated 17 January 2007. Unfortunately, I can find no record of receiving your letter dated 2 January 2007, which is why it was not responded to.

As I understand it you are unhappy with the Help With Costs Clawback of £1000 and the Discharge of Mortgage Fee of £250, you paid when redeeming your account on 24 November 2004.

Help with Costs

I enclose a copy of your Offer of Loan dated 10 February 2003, Section 15 clearly states, if you move your mortgage from us within the first two years following the date of completion of the Loan then the Help With Costs benefit of £1000 must be repaid in full.

Northern Rock pic disagrees entirely with the suggestion the Help With Costs Clawback is unlawful and unenforceable. This charge applied to your mortgage account represents a core term of the contract you have with Northern Rock pic. It goes directly to the heart of the bargain between you and Northern Rock pic. It does not represent any form of damages for breach of contract and is simply the agreed charge for early redemption of your mortgage. You were clearly and unambiguously notified of the charge, as an express term, prior to entering into the mortgage agreement.

Discharge of Mortgage Fee

When you took out your original mortgage with us we provided you with a leaflet "Mortgage Costs in Black and White" - this is given to all our customers at the point of application for a Northern Rock mortgage and as such is standard procedure.

I am enclosing a copy of the leaflet from which you will see that the DOM Fee and the Despatch of Title Deeds Fee (now amalgamated and called the DOM fee) are clearly shown.

Since then we have provided regular notification, at least once each year, to show our latest fees and charges, particularly when we have made changes, by inclusion with your mortgage statements. These details have set out relevant fees at the level applicable at the time, including the DOM.

www.northernrock.com Northern Rock pic - Registered in England and Wales under company number 3273685. Registered Office - Northern Rock House, Gosforth. Newcastle upon Tyne NE3 4PL.

[phatram]

We reserve the right to withdraw this Offer of Loan or to seek new references including valuation if completion does not take place within 16 weeks of the original Offer of Loan date.

This Offer of Loan supersedes any previous Offer of Loan that may have been made. You are advised to check this Offer of Loan carefully and discuss it with your legal adviser as the terms constitute our contract with you and the terms may be different to any previous quotations and/or discussions you may have had with us or your Intermediary.

15 HELP WITH COSTS (1)

On completion of this Loan, you will receive a Help With Costs benefit of £1000. This payment will be sent direct to

the acting solicitor with the mortgage advance on completion.

If you have asked us to instruct a firm of solicitors from our dedicated panel to act on our behalf, a standard fee of £250 will be debited to your mortgage account on completion. This sum may be repaid at any time, however, we will charge interest at the rate applicable to your mortgage account until it has been paid.

As you have opted to take the Help With Costs benefit the following conditions apply to this benefit:

1. If you move your mortgage from us within the first two years following the date of completion of

this Loan then the Help With Costs benefit of £1000 must be repaid in full.

If you move your mortgage from us within the third year, following the date of completion of this Loan, then half the amount of the Help With Costs benefit must be repaid i.e. £500.

16 HELP WITH COSTS (2)

2. If you decide to move house and simultaneously redeem this Loan and take a new mortgage product with us

or simultaneously redeem this Loan and transfer this mortgage product to your new mortgage on your new

home you will not have to repay the Help With Costs benefit, provided legal completion takes place. The

remaining period for repaying the Help With Costs benefit from your original Loan, (see 1 above) will be

transferred to your new loan.

If you take a new mortgage product with us without moving home you will not have to repay the Help With Costs benefit. The remaining period for repaying the Help With Costs benefit from your original Loan, (see 1 above) will be transferred to your new loan.

Repayment of the Help With Costs benefit will only apply if you move your mortgage from us within 3 years of completion of this or any other mortgage product(s) which has the Help With Costs benefit and you do not complete a new loan with us within 3 months of redemption.

3. If you move home and do not simultaneously redeem this Loan and transfer this mortgage product or take

a new mortgage product with us, the Help with Costs benefit will be charged as outlined in 1 above on

redemption of this Loan. This will then be refunded to you, provided you return to us for your new mortgage

within 3 months of redemption. Where this happens, the remaining period for repaying the Help With Costs

benefit from your original Loan (see 1 above) will be transferred to the new loan. Subsequent repayment

of this Help With Costs benefit is outlined in 2 above.

If you have previously received Help With Costs benefit where the remaining period for repaying this benefit has been transferred to your current mortgage product this remaining period will be transferred to the mortgage product

Northern Rock copy Page 7 of 8

[phatram]

bump

[phatram]

anyone please ?

[zootscoot]

The help with costs fees is probably a form of erc. Therefore risky in terms of making a claim. The Mortgage Discharge fee if not covered by breach of contract would be covered by s.15 SOGSA and therefore they can only charge what is reasonable. There are a couple of threads with links to FSA guidelines on these. Although as they have offered to return some this may bring the charge to a reasonable amount.

[phatram]

thank you