Bank Of Ireland ERC Claimants-are They Settling Out Of Court?

[dolly]

I can just imagine you being like your avatar when you read that!!

[lickthewallfatboy]

it's bonkers isn't it?Is this really what they are depending on?

[dolly]

Mine won't give me a copy of their AQ but yet they have requested a copy of mine....

[lickthewallfatboy]

I don't think that's on,is it?Doesn't the court office forward a copy of their AQ to you?

[dolly]

Apparently not their procedure to forward AQ's to either party although I can request one from the judge

[TheNorthernWarrior]

I've had all my data sent to me,and I have sent off this morning a Request for Repayment of an ERC in the amount of £4122 for a mortgage redeemed in 1996.

 

I know about the "6 year rule",but I have seen threads discussing the ability to go further back because all the facts were concealed.....

 

 

let's see what happens!

Hi,there, I didn't realise what a dab hand you really are. We had to pay an early redemption fee in 2001 because our mortgage was fixed and even though we only had 5 months left to go, we were charged the full £2000 plus fee!!This was with the progressive building society and even though I have a fight with the Northern I will also be taking on the Prog. as well. I didn't realise we could. Can we?

nervous

[lickthewallfatboy]

Hi,there, I didn't realise what a dab hand you really are. We had to pay an early redemption fee in 2001 because our mortgage was fixed and even though we only had 5 months left to go, we were charged the full £2000 plus fee!!This was with the progressive building society and even though I have a fight with the Northern I will also be taking on the Prog. as well. I didn't realise we could. Can we?

nervous

 

It's still a bit of a grey area,but a few of us have already had successes.I've had a refund of £5000 from Birmingham Midshires toward the end of last year,so it looks as if ERC's are going to be the next big target.... go get the Progressive!! but be prepared for a battle.NI banks seem to think they are immune to all this.....

[49scream]

Good luck - I'm watching with interest as I have just sent my SAR to BOI Home Mortgages Ltd in Reading-UK for 4k ERC from 2003. Keep fighting!

[lickthewallfatboy]

I believe this has been raised elsewhere,but I am interested to know what tactics are employed by Bank of Ireland.....things seem to be all of a flurry,then nothing..........

 

are they settling and going for "confidentiality"?I have an ERC against them,and I would like an insight as to the line they may be taking.

 

Any info,people?

[noomill060]

I think you could be right.

 

Most peeps are astonished to be able to get money back at all, that they thought they had waved good bye to years ago.

 

I suspect they are just taking the first decent offer they get, grabbing the money and running!

[noomill060]

Whats an ERC?

[lickthewallfatboy]

mortgage early redemption charge

[noomill060]

ta!

[lickthewallfatboy]

I think the silence speaks volumes....there's no way that BoI have escaped scot free,or defended in court.

 

I suspect confidentiality clauses are being used-if anyone claiming off BoI cares to post to the contrary,I would be pleased to hear from you.

[lickthewallfatboy]

I'm gonna need some heavy duty assistance here-

 

I have just received a letter from Hertford court which says that the court will strike out my ERC claim on its own initiative due to it being statute bound ie from 1996.

 

I need to write to them immediately to avoid this.

[TheNorthernWarrior]

I'm gonna need some heavy duty assistance here-

 

I have just received a letter from Hertford court which says that the court will strike out my ERC claim on its own initiative due to it being statute bound ie from 1996.

 

I need to write to them immediately to avoid this.

Good Luck and keep us all posted!

nervous

[lickthewallfatboy]

Bueller.......???

 

anyone....anyone.....???

[carriexs87]

I'm supposed to be going to court with them in April - the Judge says he will hear the case no matter what as they have adjourned 3 times already. I'm v tempted to settle, but they are only offering 30%, which is 600 pounds (out of more than 2 grand)but I am skint at theminute and need the money - I'm finding it hard to hold on until April, so I think other people must be settling too, coz I haven't heard any different.

[paddym]

Carrie your skint now just think if you take 600 now youll be skint again next week and kicking yourself for not holding out,We have all been in that position were a few quick quid would work i myself am sitting here at the minute skint 2 claims pending and offers on them which i knocked back i got letters this morning from my insurance company ,NTL,BT,and my car all looking paid within the next 14 days but hey theyll get their money but what im saying to you is dont break you have come this far stick it out just think what you could do with that extra £1400 in april a nice holiday maybe you have never had the money so wont miss it so please stick it out its all your money the BOI have so why should you settle for 30% of it back ? keep us posted !

[zootscoot]

Hi Licky,

 

Has your claim been allocated a track yet?

 

S.32 of Limitation Act:

 

32.

Postponement of limitation period in case of fraud, concealment or mistake.

— (1) Subject to [F1 subsection (3)] [ F1 subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—

(a)

the action is based upon the fraud of the defendant; or

 

(b)

any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

 

©

the action is for relief from the consequences of a mistake;

 

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

 

References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

 

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

[sammyjammy]

Bueller.......???

 

anyone....anyone.....???

 

 

Ahhh a fellow Ferris fan!

[lickthewallfatboy]

Ahhh a fellow Ferris fan!

 

a long time member in my all time top 10!!

[lickthewallfatboy]

zoot-I have to get a letter off to the court to stop them striking it out.If I can't get something sorted in that line,I'm screwed basically.....

[Shelty]

Thanks for the note LTWFB, looks like we're at a similar stage, with an equally poor defence against our claims ! What's the deadline on your AQ ? I've done plenty for cc's & st'd a/c's, but with this being a larger sum I didn't want to make an error at this stage !!

[mcvey123]

I got a letter myself this morning from them offering an out of court settlement of £425 as opposed to the £1697 I am claiming for. What a joke! They are probably testing the water with me but as I am planning my summer holidays, I don't mond waiting to go to court in April for the full amount. If they settle it would be great. Surely though no one can impose a confidentiality agreement, and what a waste of time if they did as so many people are advised to claim back charges. it's on the tv, radio and everywhere