shirley v stroud+swindon

[shirleyc]

Hello there,

only just started looking at mortgage fees.Am I right in thinking I can claim late payment charges back?And how far back can i go?dont really understand difference between 6 yrs+12 years+capitalised?

just saw that on the last statement i had(before we paid it off) i had a string of £47 charges for late payments.Any advice please?? shirl

[steven4064]

THe LImitations Act 1980 specifies 6 years for actions based on simple contract and 12 years for property. However, there is a provision that, if you are claiming something you paid by mistake (ie thinking it was lawful when it was not) the limitation period begins when you discovered your msitake. Similarly, if the defendant concealed the true nature of the charges, the same applies - the limitation period starts hen you discovered the concealment. Both these apply - reclaim everything you can.

[shirleyc]

Hello,

Many thanks for that Steven-I will start ball rolling with a SAR to them.Keep you posted! Shirl:D

[Bona]

go for it all

[shirleyc]

Hi,

well finally got a response from S+S.not what I expected!

Firstly they returned my £10 cheque,with a very detailed explanation of 'manual intervention'+all the hard work that goes into charging me £47!!

A tiny 'spreadsheet' with 8 little boxes of £47 plus a mortgage questionaire form charge of £80-all this covering 2002-2003.

I rang them+explained I'd requested SAR.their reply was that these were all the charges.Now this could be correct-not sure.mortgage was transferred to them in 2001+was paid off in 2004.

Now,do I have to insist on all info they have on me before I can request these charges back?Does the return of £10 fee mean SARnot requested properly?

hope someone can advise,thanx in advance:Dshirl

[steven4064]

You can certinly claim using what they have sent but, no, they have not complied. You could send the DPA non-compliance letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html