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I have had my SAR's request back from Mortgages Plc and found there was no reference to them paying any commission to my broker
I followed up with a letter explaining the SAR's was incomplete and asked for an underwriting sheet or any evidence that they paid my broker a commission
Mortgages PLC have replied and rather than denying any payments to the broker, they simply say that as they subscribed to the voluntary mortgage code, this placed the onus on the "customer-facing intermediary" (broker) to disclose commission received and I should contact the broker direct with any claim
They also tell me they wont enter into any further correspondence about this matter
Are they just fobbing me off? What is my next step?
Would be interested to know this too, I am only just hearing about this but seem to think my broker made a packet when I went to him and I don't think mortgages plc were my best option at the time.
I am sure somewhere on my original paperwork from them it does state that they paid the broker a fee, have you still got any original docs?
Yes I have my original docs and it states a fee will be paid to the broker, but no where does it state (or in any other docs) how much
This story has moved on now and Mortgages PLC tell me that it is down to the broker to tell me about commisions and they wont deal with me anymore, or tell me what commission was paid, also the broker tells me that tehy only have to keep paperwork for 3 years and they have no trace of commission paid to them for my work
Im being pushed around, I wont give up, But I need help I think
Original broker now states that they cant trace any commission on my account as original docs disposed of - (the fact that a member of their staff read out the info from these same docs to me over the phone a short while ago doesnt come into it)
I did and I got back docs that showed the extra commission paid by the mortgage company. Unfortunately it is all on a doc with my sig on it so it must of been signed when the broker slipped it into a pile of papers for me to sign.
They have to keep all paperwork and must give you copies so if they don't by way of a SAR you can complain to the ico.
ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE either SPML/PML/LMC/SPPL; the following are DIRECT tel#s, of the investigating & prosecuting organisations:
DO NOT say you are from CAG-only directly affected or a concerned citizen. 1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633 2. CH : Lee Jenkins(prosecuting Amany Attia for SPML/PML) @ 02920 380 643 3. CH : Mark Youde(accounts compliance) @ 02920 380 955 4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108 (part of the Insolvency Service) investigating all the Lehman lenders 5. CIB : Jeremy Pilcher('unofficial'-consumer/company law) : @ 0207 637 6231
__________________ File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!
The problem I'm having here is the broker is saying they only have to keep paperwork for a certain time and this has now been disposed of (even though a member of their staff read notes from it to me a short while ago)
Also the Building society are locking me out, (see earlier in this thread) putting the problem with the broker
I would phone the information commissioner office and ask them how long the broker has to keep paperwork. If broker is wrong the ico will soon put them right.
ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE either SPML/PML/LMC/SPPL; the following are DIRECT tel#s, of the investigating & prosecuting organisations:
DO NOT say you are from CAG-only directly affected or a concerned citizen. 1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633 2. CH : Lee Jenkins(prosecuting Amany Attia for SPML/PML) @ 02920 380 643 3. CH : Mark Youde(accounts compliance) @ 02920 380 955 4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108 (part of the Insolvency Service) investigating all the Lehman lenders 5. CIB : Jeremy Pilcher('unofficial'-consumer/company law) : @ 0207 637 6231
__________________ File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!
It may be that the underwriting sheet may NOT be part of what would be pertaining to a data subject....HOWEVER, the CPR31.16 would be a good start to get them to reveal the 'secret commission' YOU have paid for this, and it was paid TO the broker by the loan/mortgage company, it is sometimes called a 'procuration' fee, but it is effectively a 'bung' and any advice you may have received through a broker could possibly have been biased !! Wilson vs Hurstanger paragraph 31 on
I write with regards to the above account with your organisation.
I respectfully request that you provide me by return a true copy of agreements or documents between lender/broker/packager, written or unwritten in relation to any commissions, procuration fees or any other payments previously undisclosed or otherwise, paid by you to the broker or by the broker to you. I require this as I have reason to believe that there may be undisclosed commissions.
Obviously if your organisation has paid, or has been paid, an undisclosed commission, I would be entitled to rescind the contract or seek other remedies.
I must stress this request is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore only a copies of the original documents in its unaltered form will suffice in these circumstances.
I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides
I look forward to your reply. I should advise that if I do not receive the disclosure by 4pm (21 days) that I shall have no alternative other than to apply to the county court for an Order for disclosure. In the event of such an application proving necessary I shall, of course, seek an Order for Costs.( Give 21 days to respond)
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
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Mortgages PLC & Secret commisions
's request back from Mortgages Plc and found there was no reference to them paying any commission to my broker
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