Jump to content

  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Foodguru ERC Claim

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5917 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

Hi there,


I actually have 3 mortgages which I am about to redeem which will be subject to very hefty ERC's:-


1. Commercial First: ERC of £7,723.48 (6% of loan)

+ redemption Fee of £200


2. Mortgage Express: ERC of 6 months Interest: ERC of £3,385.80


3. Mortgage Express/GMAC: ERC (3% of loan), approx £3,600


I would like to work on claiming these charges back.


Summary of position on these is:-


1. Commercial First: The broker - Black & White sold me on a Prime Investor product from Commercial First. The loan is for a commercial premises. At the last minute I was switched to a far less favourable product with higher interest (5.5% Margin over LIBOR) and a very hefty ERC penalty. This was because of a payment holiday offered by the previous lender Natwest Bank which affected the payment history on the account.


The original product offered was 3.5% over LIBOR and far lower ERC's. Due to other commitments and the delays in getting this mortgage decision ended up with time constarints and had to go ahead with it. The broker said thet Commercial First would switch me back onto a better product after a year of good track record. However, this has not been the case and they have offered only a wstich ot a slightly lower interest rate product but to still charge ERC's of 3% of the original loan and 0.975% Arrangment Fees! Have arranged a new loan with another high street lender at far better terms all round and am about to switch. Once completed I would like to reclaim the ERC's from Commercial First or Black and White. What do you suggest I do? Ehat are my chances?


2. Mortgage Express. The broker (Mortgages for Business) mad an error and for some reason I got switched onto the wrong buy-to-let product. I signed thinking it was the product agreed at consultation as I had been very clear in requesting a producyt that had no ERC's. I have correspondence from the broker admitting their error as they had "ommitted to completely annotate bpoth the rate and features" of the product on the header sheet. The actual rate picked was 0.01% different from the agreed rate and attracted hefty ERC's. Mortgage Express have offered to refunbd 50% of the ERC provided I go with anew buy to let mortgage with them with a 2 year tie in within 6 moths of redeeming the current one. This I am unlikely to do withhin the timeframe. The interest savings between the product I had been sold and agreed to and the one I ended up with is miniscule at 0.01% however the ERC is massive. I feel that this is a totally unfair situation and have the paperwork trail of e-mails and correspondence from the broker to me and M Express in my files. What do you sugest I do?


3. The above buy-to-let mortgage is subject to and ERC 3% until 1/10/08. It was taken up in 1/10/06 with GMAC and was subject to a 4% ERC if redeemed duyring the first year. (M Express have bought GMAC out or at least this part of their business). How should I approach this one?


Thanks for your help

Link to post
Share on other sites

ERCs are very different from normal bank charges and quite a few people have lost cases in court trying to reclaim them.


You have to prove that the charge is either unfair under the UNfair Terms in Consumer Contracts Regulations 1999 or that they are contract penalties. In your case, as your mortgages are buy to let and therefore commercial mortgages, it is probable that the UTCCR1999 do not apply (you are not a consumer). You are keft with showing that the ERC is effectively for breach of contract. My underestanding of the problem is that mortgages do not constitute contracts in the same way as other credit agreements (eg credit cards) do. If there is no contract there can be no breach of contract and therefore no penalties for breach of contract.


Your case 2 is slightly different. You were mis-sold the product by the broker and there may be some comeback there if you can prove you were led to believe (in writing?) that you were buying a mortgage with no ERC. You may be avle to claim the ERC back from the broker if you have to pay the charge. However, I don't know whether anyone else has dome this.


I will flag up and see if any of my colleagues would like to comment/correct/elucidate.



Link to post
Share on other sites

Thanks pete - you are right. There were several cases a while ago reported on CAG that actually went to court and were lost because, in each case, the claimaint was unable to demonstrate they had a contract. No contract- no contract penalties. Details here: http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62003-important-mortgage-claimants-please.html


These also may be useful










Link to post
Share on other sites

  • 1 month later...

Thanks Steven and Pete,


I take on board your points regarding these commercial mortgages and feared this would be the case. I will contact Commercial Frist nonetheless and see what response I get. regarding case 2 I am seeking recourse through the broker. Case 3 - I have decided to keep that property for thew time being as the ERC does not apply after Septemeber 30th of this year.


Any suggestion on a template letter or wording I should incorporate when writing to Commercial First? By the way the broker (Black and White) did mislead me by stating that the lender would transfer me to a premium product after a year of demonstrable good account conduct. However, this is not the case - they have no such policy in place.





Link to post
Share on other sites

By the way the broker (Black and White) did mislead me by stating that the lender would transfer me to a premium product after a year of demonstrable good account conduct. However, this is not the case - they have no such policy in place.
They didn't put this in writing by any chance?



Link to post
Share on other sites

Hi there,


No -unfortunately this was just verbal. However, this was stated on more than one occasion to me by the broker as I raised the issue with him at least 2 times asking for re-assurance which he gave me verbally. I have done a spreadsheet comparing the originally recommended product and the one I got switched to at the last minute:-


Any suggestions on reclaiming these charges would be much appreciated!


Loan Start Date: 15/06/2006 Product 1Product 2DifferenceMargin 3.00%5.50% ERC %Yr13%6% Yr22%6% Yr31%6% Yr40%1% ERC Actual £7,723.48£2,574.49£5,148.99Extra Interest per annum£3,223.18Total Extra Interest over loan period£5,015.80Total Extra cost of loan: Product 2 £10,164.79Note!Client switched from [product 1 to product 2 at the last minuteReason: Payment holiday with previous loan with Natwest with 1 missed payment

Broker stated that lender would swich client back to Product 1 after client

demonstrated good account mangement over 6-12 month period

Lender did not action this switch even though payment history was


Loan Period = 18 months and 25 DaysStarting Balance: £128927.15Loan redeemed : 10/01/2008

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...