Thanks for your prompt reply. You support my understanding of the position and I will continue to let it lie.

I am now totally confused with the position on early redemption penalties from Banks etc. My understanding is that an early redemption penalty, so long as it is drawn to your attention at the time of taking out the mortgage, whilst painful is not illegal or something that can be recalimed. It is a contract term and so long as there is full legal capacity of both parties to enter into a contract then it is tough luck. I read in the forum details of unsuccessful attempts to reclaim ERDs with tales of woe. It appears that this is not now the case as others are having success. Does anyone know the exact position. I am not frightened of having a go as the Building Soc. took well over £5,000 from me but I need to know that there is some chance. Does anyone have a definitive position. I fear that the law will support the institutions on any decision on ERDs and bank charges as to do otherwise would cause financial meltdown in the personal finance markets so I fear that they will not be reclaimable.

Thanks that is most helpful as it is pointless in wasting time when things will end in tears. I am sure my lecturers would be amazed that I remembered any law.

Did you get anywhere on the early redemption charges as my claim will be for over £10,000 and I am prepared for the risk on costs but I would be more comfortable if someone has won before getting stuck in. What worries me is that as far as I remeber from my law studies many years ago, that a party can contract for anything provided it is not illegal or immoral and I think ERC may not be either.

Being pushed about by HBOS as they have not forwarded the bank statements within the 40 days prescribed by the Data Protection Act. Does anyone know how we enforce that Act against them as an additional claim? I understand that thyere was a County Court decision in favour of Lloyds TSB recently. Does anyone have any info on that as I cannot find it?

I am having success with Halifax on bank charges and now want to have a go at my former building society for early redemption penalties of over £10k. The concern is that a mortgage is a contract and provided the content is not illegal or immoral, a person with full capacity can enter into any terms it feels appropriate. I wonder if the court would give judgment in favour of the mortgagor. I accept the factors of unfair contract terms and the OFT guidance but a judgment in favour of the mortgagor would open the flood gates and like it or not, it seems the courts bear this in mind when deciding.

Did anyone flush the Birmiungham Midshires out with a strong letter or did you always have to sue?

Am just about to have a pop at the Midshires as they have a creative way of charging early redemption penalties to say the least. I am also having a pop at their big brother, The Halifax who seem to have a fairly cavalier approach to a customers account. It is now time for the little man. I understand that the threat is that the account with a bank that is being chased will be closed by it as part of the game so I wonder if we have an overdraft below the bankruptcy level if we care. You can bet your life that a bad credit rating will be slapped on as soon as possible and at that point it is the worst they can do.