Halifax Mortgage Account Charges

[dawnjohsnon]

Does anyone know if I can claim back the extortionate charges applied to my mortgage account in the same way as everyone is doing for their current accounts?

[natalie]

If they are penalty charges (ie for late payment), then yes you can. Do it in the same way, just amend the letters appropriately.

 

Natalie

[dawnjohsnon]

I sent a DPA request for details of charges on my account for the past 6 years and had an email from the Halifax saying that I could have details from the past year free of charge but that they dont hold my records for longer than that on Mortgage Accounts so I would have to pay £15 for each previous year requested.

 

Does anyone know if this is legal and if so, can I claim back the £75 fees when I eventually make my claim?

 

As the charges for last year amounted to £250 (mostly for letters sent to us) I feel sure that it will be worth getting the figures for the earlier years.

 

Not sure what to do now............Any ideas please?

[LondonPam]

They are talking tripe. The DPA fee is £10 maximum and it is under that request that they have to provide you with all information they hold about you on their system. To say that they don't hold this for more than one year is rubbish. You do not have to pay a further £15 for each year.

[dawnjohsnon]

Hi LondonPam,

Thanks for your reply. I thought that £10 was the most they could charge but let me quote their response and see what you think.

 

'..the request for mortgage statements dating back to 2000 is not covered under the Data Subjest Access Request.

This is because this is not something we keep on record about your account. These are generated on a year-to-year basis and sent directly to you, we keep no copy.

The procedure for obtaining copy statements is for you to request them from us in writing or by telephone. A £15 charge is levied for each year you require a duplicate statement. This is to cover materials, post and labour costs.'

 

I am unclear as to why Mortgage account details should be treated differently to regular bank accounts but it may be the case. I am not sure where to get this clarified. Either way, I would consider £75 for 5 sheets of A4, an envelope and a stamp to be excessive and therefore illegal anyway. I think I will get in touch with the Data Protection Agency and find out for sure before paying up.

 

Let me know if you can help further!!

[dawnjohsnon]

Just spoken to a very helpful person at the DPA in Wilmslow.

The current situation is apparently under review as all the financial institutions are being swamped with requests following recent tv porgrams etc.. and they dont seem to have a common policy for charging for information. The DPA are gathering information from consumers and are going to make a 'blanket' complaint to each bank etc.. on behalf of all complainants. They will be asked to explain fully, the charges that they are making in relation to the actual costs to produce the info.

According to the DPA, if the information requested is not held on the current computer system and they have to go back to the archives then they are entitled to charge separately for eaah request.

 

So, I am going to try and get the bank to send me the info without the £75 charge and if they refuse, I have downloaded the complaint form from the DPA website to process an complaint against the Halifax for unfair charges.

 

Hey Ho!

[Brutus1]

I am thinking of doing a similar thing, I went through some financial difficulties a few years ago and missed, or was late with, paying several mortgage installments. When I got back on track, I paid back a higher amount every month until I was up to date. However, in this time I racked up a huge number of £25 fees, every time they sent me a letter - and they even did this when I phoned up and explained that there would be a problem that month. These fees were added to my mortgage, as I did not hold any other accounts with them at the time.

 

Many banks are closing the current accounts of people who claim back fees. Can they call in your mortgage if you threaten to take them to court over fees?

 

Brutus

[barracad]

Many banks are closing the current accounts of people who claim back fees. Can they call in your mortgage if you threaten to take them to court over fees?

 

No. It's a completely seperate contract.

 

Please start your own thread for any future questions.

[maybelline]

Am I right in thinking that it is 12 years on a mortgage account that you can request transaction info about.

[TideTurner]

Hi LondonPam,

'..the request for mortgage statements dating back to 2000 is not covered under the Data Subjest Access Request.

This is because this is not something we keep on record about your account. These are generated on a year-to-year basis and sent directly to you, we keep no copy.

The procedure for obtaining copy statements is for you to request them from us in writing or by telephone. A £15 charge is levied for each year you require a duplicate statement. This is to cover materials, post and labour costs.'

[TideTurner]

Under the Data Protection Act 1984 (amended 98) you are entitled to all information any organisation hold on you which includes your personal or financial information since 1984 (or maybe before). I was told that Birmingham Mudshi! they had no recollection of my original mortgage provider Credit Agricole. later found out they succeeded them. I was given a false tel. number to contact them which turned out to be dead. I was later told after being persistent that my account details were available on microfiche at £10.00 a sheet (and charged). Later found out I was entitled to this information anyway. They later offered all information free of charge. Was your original mortgage with Halifax? this information IS held on record.