paul v midshires **SETTLED** ERC

[paulwlton]

Posting my subject access request today.

[lickthewallfatboy]

good stuff-another one on the list!!

[anon2]

Hi there

 

I am also chasing Midshires, and they moved quite quickly with the statements. I just sent my Prelim yesterday.

 

All the best.

[paulwlton]

Just received copy statements from Midshires, the SAR is incomplete my letter from the templates is in the post tonight.

[paulwlton]

Received a phone call today from midshires regarding the early redemption charge, they wanted to know how we could resolve the matter, i put it to them that if they were to fully disclose their actual losses due to my early repayment, and it was equal to the charge i incurred, then i would not pursue the claim, my request will be honoured in the next two working days.

Can't wait to see the breakdown.]

The S.A.R - (Subject Access Request) was sent to the wrong department, i was told this as been sorted now.

[lickthewallfatboy]

I will be watching this with great interest!!!

[paulwlton]

As i thought no breakdown, all the letter contains is a summary of why the charge was taken, it says. If you repay the loan in full or in part before the end of the contractual term of the fixed rate, we, in turn, have to break our fixed rate funding contract by repaying early.

 

The ERC of £ ----- that you paid when you redeemed your account therefore covers the costs associated in offering the product at the fixed rate, and also contains an element of profitability. please note that we are not obliged to provide a breakdown of figures with regards to the costs associated with offering a product, or with the profitability of our products.

 

There is included a loss of future profet element -i.e, the profit we might reasonably have expected to make over the period, discounted to reflect the possibility that we will be abl to re-lend the funds (although probably not at the rate in question).

 

I will read up on these points later.

[paulwlton]

Just received S A R, can't work out if the asses fees are charges, can anyone help, i think certain ones are the problem is are which ones. Any ideas?

[paulwlton]

Just posted LBA giving Midshires 28 days to pay up, otherwise it's court costs and interest.

I contacted Midshires and asked for details of all assess fees, should receive this whithin 5 days, i think Midshires are very sly.

[anon2]

14 days is all you need to give.

[ukaviator]

Hi Paul.

 

I filed with Moneyclaim yesterday.Good luck with the case.I will keep you all posted.

 

Ukaviator

[paulwlton]

I went straight in with the LBA thats why i've given 28 days.

[paulwlton]

Just to update, i issued my claim through MCOL on the 18th Oct after no response to my LBA.

Today i have recieved a full breakdown of arrears charges totaling £390.00 and as a gesture of goodwill , they are offering to refund the charges etc, this figure is actualy higher than my claim, has i've stated before BM have been very sly they mask their charges under the identity of assess fees, so this leaves us a problem, what do we claim for, well i would strongly suggest that people with claims against BM make a request in writing asking for a full breakdown of arrears charges, the charges i've recieved include phone call charge £20 *3, late fee payment £50, admin fee for capping arrears £25, letter charge fee £30.

I think BM should take note of time limits in LBA letters has they have now incurred costs and interest

Oh and just for the record i will be claiming back the extra charges i didn't know had been applied as charges.

[Les Gunn]

Congrats Paul!

 

BM seem to be a little more reasonable (for sharks lol!) so that is good news for your pocket.

 

[zootscoot]

Fantastic news!

 

Don't forget to fill out the survey and do pursue them for the costs of the claim.

 

Enjoy your payout.

 

I'll arrange for your title to be changed.

 

All the best

 

Zoot

[paulwlton]

I've just contacted BM by telephone, i think i'll be getting an updated settlement figure, lets face it how can anyone defend in court telephone fees being added to an account and not having the decency to tell you that they've been added.

I'll fill the survey in when it's all sorted and pay the 5%, then i'm going for the redemption fee.

 

Court date with Barclays 8 Nov

court date with RBS 1st Dec (time barred claim)

Black horse Finance, unfair term consumer contracts (advice local solicitor)

miss-sold payment protection insurance RBS (misrepresentation act 1967)

apply set-aside ccj (will not supply original contract and ppi policy,)

 

I'm going to be very busy methinks.

[paulwlton]

Well BM had till Nov 6 to acknowledge my claim so i entered judgement yesterday, this morning i've received their acknowledgement dated the 7th, oops a day too late, come on BM cough up this is getting boring.

[paulwlton]

My judgement for default has been rejected saying i was too early to request it.

The defendant had untill the 6th to aknowledge they did this on the 7th in my reckoning i wasn't too early, i'll give them a bell Monday.

[UnhappyBunny]

Any updates Paul?

 

UB.

[paulwlton]

They aknowledged just before i requested the default. It seems they want to play games, oh well let them defend £50.00 late payment fees and telephone calls at £20.00 a time.

[paulwlton]

Just received a phone call from the Halifax legal department.

 

THE CHEQUE IS ON ITS WAY.

[zootscoot]

Wahey fabulous news!

[UnhappyBunny]

Paul - great news my friend (I say that incase you feel like buying beers!).

 

I shall keep you all posted as to how I get on in due course.

 

Well done again.

 

UB.

[paulwlton]

Thanks for that UB, yes the beer sure tastes good tonight, good luck with your claim, keep us posted.

 

I will ring BM tomorrow and ask for the £120.00 still outstanding, or else a claim will be issued.

I love it when a plan comes together.

 

Post a link to your thread UB.

[paddym]

well done paul !