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  1. Can anyone tell me the specific law that prohibits the charging of fixed penalty charges? It would be very useful to be able to quote this law instead of telling banks, telecoms/utility providers and associated companies that they were "in breach of consumer laws". Most of the firms charging these penalties, and presumably banks in particular, have had this woolly complaint over the years and just brush it off and ignore it. Tt would be good if I could confront them with something specific which they cannot sweep aside because it is a generalised moan. A specific law, with specific clauses and sub-sections (!) would be much more impressive and might even get them to think! So does anyone know? I may be being a bit thick here, but the 4th post at https://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request is about the action to take to report the firm to the ICO if they break the data protection laws, unless I'm misreading it. What I'd like to know is what I do next, once I have the proof - in the form of documentation provided by the erring firm as a result of the SAR - that they have charged me unlawful fixed penalty charges. Do I write to the firm? Do I take them to court immediately? If it is best to write to the erring firm (not to the ICO) is there a standard template letter which it is recommended to use? I'm at the stage where I've received the documentation as a result of sending out SARs, but I don't know what to do next. I have identified all the illegal fixed penalty charges which have been made against me and which I have paid because I did not know any better. I've added all these up in each case. But what do I do with this knowledge? Do I write to the firm showing them proof of their illegal charges and quoting the law which has made these illegal (and if so, what law is that?) or do I just take them to court? And if I take them to court what law should I say I am using to take them to court? Is there a standard procedure for doing this? I can't wait to continue to the next stage. But I don't know what the next stage is. Can someone please advise on what is the next step to take. Thanks.
  2. Yes. I sent off 3 SARs. One of them is back with a lot of documentation (not the EE) and I have identified the items that have been charged to me and which I have paid. how do I get my money back? Do I just ask for it? Or do I have to take them to court?
  3. OK, once I have the SAR and the series of charges they have made and which I have paid, how do I get my money back? Do I just ask for it? Or do I have to take them to court? What happens now?
  4. I received the details from Watford County Court only a few days ago. The undated, unsigned letter - apparently par for the course at Watford - was accompanied by the Order for possession (mortgaged premises) (suspended) which stated that: The defendant give the claimant possession of [the property] on or before [date]. This order is not to be enforced so long as the defendant pays the claimant the unpaid installments under the mortgage of [sum] by the payments set out below in addition to the current installments under the mortgage. [Then gave details of payments, which I had already put in place over three months prior to the hearing.] The monetary claim to be adjourned generally with liberty to restore. Point 3 could not be more ambiguous if it tried. I also had to bring my mortgage payment date forward from the 5th of the month to the 28th of the PRECEDING month in order to comply with point 1 (because the shortest month only has 28 days and I could not risk a default before the payment of the 1st of the following month), which effectively meant that I was paying two sets of mortgage payments in the same month!
  5. I sent off the SAR a couple of weeks ago and I get a letter back from Mortgages 2 saying that the signature on my SAR letter and the signature on that they had for me were not the same. I checked my signature on the original mortgage application, and I looked at the signature on the SAR letter and it was quite clear that they were by the same person in every way imaginable! I wrote to them about this, sending them a screenshot of both signatures, and, of course, they conceded that I was quite right (they had to - I'm not copying the screenshots here for security reasons but they are like two peas in a pod!) I also had someone from Mortgages 2 phone me to make a grovelling apology, saying that they could follow this up with an internal investigation if I wanted. Knowing that they were playing for time with their ridiculous claim I smelled a rat here. Surely an internal investigation would hold up the process of the SAR. So I said I just wanted the SAR process to proceed as quickly as possible. I should get the full documentation from them by the 25th August. The cheek of these people!
  6. Today I received a large pile of documents from Prestige Finance, with whom I have a second mortgage. I have identified 10 unlawful charges of £35 each. But this account was previously held by lenders GE Money. Either they went into administration and "became" Prestige Finance, or GE Money simply sold my account to Prestige Finance. I have identified seven unlawful "administration charges" of £40 each while the account was with GE Money, before I found my account being handled by Prestige Finance. So my question is in two parts. 1. Am I entitled to recover the £280 unlawfully charged to me by GE Money before Prestige Finance aquired the account (and if so, who do I get the money from? Prestige? Or GE, who may no longer exist?) I had always assumed that if a going concern such as a lender was aquired by another going concern then the buyer going concern would also be buying the seller's liabilities as well as its assets (in which case Prestige would be liable to refund me the money that GE had stolen from me). But I may be wrong in this case. 2. How do I get my money back from Prestige Finance? Do I just ask for it back or do I need to take them to court? Can I charge interest at the statutory 8% and how can I calculate that? Can I add on anything else such as the time it has cost me and also the stress? Thanks in advance.
  7. I have a copy of the original mortgage agreement. The signature on that and the signature on my SAR letter are so similar as to be almost copies of each other! Only an idiot or a desperate person (or a crook) could assert that these signatures were not from the same hand! I have written back to them with images of both signatures and have told them to spot the difference. But I have also sent them a certified copy of my passport, so that - from this point on - there can be no doubt whatsoever as to the validity of my identity. The certification cost me £10.50 and my train journey to an officiating Post Office where I was able to do so cost £3.40, so I will be adding this onto the bill, together with the 2 x £1.77 for the two sets of signed-for letters (subtotal £17.44) which will be added to the cumulative cost of Mortgagesplc's illegal charges plus 8% statutory interest over the years that they have been illegally charging me. Should come to a nice little sum!
  8. dx100uk, Hi. I got a response from Mortgages PLC today saying that they don't think that the signature in my SAR letter is mine because, according to them, "the signature/s provided do not match our records". Well, that's a new one! I have a copy of the original mortgage agreement and a copy of the SAR letter and it seems to me to be incontrovertible that they are by the same hand. They go on: "Under the General Data Protection Regulation we are entitled to a period of one calendar month in which to provide the information. The one calendar month period does not begin until we receive the following: "Proof of identity [as cited above]. An original or certified copy of a passport or driving licence is acceptable." Cheeky monkeys! Are they right, do you think? And what does "certified" copy of a passport mean?
  9. That's exactly what is was. The court agreed that I was making overpayments which were acceptable and which would reduce the arrears. I haven't had anything in writing yet.
  10. I was told that the order was suspended. As I wrote in my earlier post, the judgment was "suspended". So that means I get to stay in my home and that the lenders, Mortgages PLC, lost their case. As far as I'm aware, that's what it means.
  11. The order was suspended, which I'm told means that my home will not be repossessed. Are there two different types of "suspended"?
  12. Thanks dx100uk. Would a SAR be appropriate? They did say they'd charge me £35 each for each month that went by without an agreement being in place. But I believe that they refused to put an agreement in place (in other words, agree to my agreement to overpay them every month) so they could charge me this amount every month. But if their small print says that they are allowed to charge me £35 every month that the agreement was not mutual, then surely that means they are justified in charging that. How do I justify getting that back? OR are ANY such fines defined as "unlawful fixed fee penalty sums" as construed by consumer law? If that is the case then how could they possibly justify charging them in the first place? (I'm a bit confused here!)
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