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Thunderpuss2k vs Birmingham Midshires (Halifax) **WON**


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I would imagine its a simple ERC for ending the old product, although they could possibly argue that its for a service of switching products. If they do state that its a service for switching don't take their word for it ask for a copy of the terms & conditions of the old product and see if there was a term relating to ERC which reflects the charge.

 

Zoot

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I received an arrangement fee for £149 and a ERC of £1548.79 for changing product within 120 months so just minus off £149 because thats all it should have been.

 

To be fair they have stated such in their letter of explanation to me. Just need to get the £1548.79 hummmmmm

 

So I take it that their letter to me says ERC of £1548.79 and new product switch means that they have to prove their losses of the £1548.79.

 

Still working on the default but that is next
:-D

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Hiya Thunderpuss2k, just checking your thread which I've been watching with interest and wondered if you had any news on your Early Redemption Penalty claim yet?

Igroup - S.A.R - (Subject Access Request) sent 07/08 - not signed for so second sent 24/08 prelim sent 03/10 LBA prepared for Wednesday (if I can get my blinking printer working!!)

Gmac - S.A.R - (Subject Access Request) sent 07/08 - reply rec. 31/08 prelim sent 03/10 LBA prepared for Weds (subject to printer playing nicely!!)

Lloyds bank account - S.A.R - (Subject Access Request) sent 07/08 prelim sent 14/09 LBA sent 03/10 final go away letter received so now waiting for payday to start MCOL

Capital one V - CCA sent 07/08 - now in default

Capital one M - CCA sent 07/08 - now in default

Lloyds V - CCA sent 07/08 - info provided so now to S.A.R - (Subject Access Request)

Lloyds M - CCA sent 07/08 - info provided so now to SAR

Capquest/Citicards - CCA sent 07/08 - now in default

Cabot/Monument - CCA sent 07/08 - now in default

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No news apart from their final decision to not repay me the money. Now that the cheque they sent me for penalty charges has cleared, I've put in a claim for the redemption charge this morning, which should be dealt with on Monday by the court.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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I don't want to gloat BUT I WILL. Had a letter today off BM they have removed my 3 defaults. That took only 9 days from asking/telling/legal stuff etc.

 

Now then on to the ERC as BM seem to be buckling at the knees got them on the run :p

 

Lizzy

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Just a quick update - although not a very exciting one. BM have acknowledged the claim, and they (or rather HBOS plc) intend to defend all of it.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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they have till the 24th to respond to mine-how close to the deadline did they come with you TP?

 

Quite quick actually, few days after they were served.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Good luck Thunderpuss - mine with SPML is being contested also...the clock is ticking!

 

;)

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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I'm guessing BM have the same legal team as Halifax. Acknowledgement signed A O'brien?

 

I made my claim 4th Aug, Acknowledged with intent to defend on 9th, deemed served on 12th, Letter stating would payout 6th Sept, cheque received 9th.

 

So it shouldn't be too long for you

 

All the best

 

Zoot

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  • 3 weeks later...

Letter this morning from HBOS. The usual 'you agreed to be bound by the terms of the mortgage, we believe the ERC is legal and right, etc'.

 

To cut a long story short.. without admission of liability they're willing to refund £4388.36 of the ERC, £291.56 in interest and £120 court fee - total £4799.92. Cheque should be with me within the next five days. OK so I lose out on nearly £33 of daily interest, but what the hell. :)

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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thunderpuss wonderfull news well done better of in your pocket enjoy your success im chuffed for you !

if my advice has been of any help to you then please click the scales ! Thank you :D

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Letter this morning from HBOS. The usual 'you agreed to be bound by the terms of the mortgage, we believe the ERC is legal and right, etc'.

 

To cut a long story short.. without admission of liability they're willing to refund £4388.36 of the ERC, £291.56 in interest and £120 court fee - total £4799.92. Cheque should be with me within the next five days. OK so I lose out on nearly £33 of daily interest, but what the hell. :)

 

This is a good day all round for ERC's well done.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Fantastic news!

 

Another success they're coming thick and fast and long may it continue!

 

I'll arrange for your title to be changed and don't forget to fill out the survey.

 

Enjoy your payout

 

All the best

 

Zoot

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Great news Thunderpuss.Just waiting to see if they pay me my ERC before i go on holiday next week. Enjoy.

 

Uk...

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Congratulations :-D :-D I'm soooooooo pleased for you, well done.

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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