Help! shall i except or decline?

[icecreamman]

I wrote to my mortgage firm requesting they pay back fees on my account if they could not demonstrate how they were made up, in return my mortgage firm basicly refused, now here is the interesting part over a period of time my mortgage firm have been sending me letters from other peoples accounts i.e mortgage statements with account details i.d ect ect so in responce to my decline i wrote back giving them 14 days to demonstrate how the fees are made up and if the could not demostrate it to return fees or court action! in addition to this i gave them a taster of the original documents i have received by way of account numbers of other peoples written at the end of the letter, within 1 day my old mortgage firm phoned me to discuss the matter, though you could see that there real intrest lied in the documents sent to me as they wanted them back, i said sorry not untill my issue is addressed as i may need to rely on this information with respect to letter charges, they said we cant give you a breakdown as how do we calculate an elctric bill and they went on to say the charges are just written we dont no how they are made up, after this she tried to get me to send the paperwork back again and i said no and that i had to go as i got work to do.

Today 2 days later and 3 days from writing my letter the have offered me £140 and asked how i want it paid and also asked for the documents, my fees are around £1500 they include letters fees arreas management fees, i d/d fees etc, i my original letter was a 14 day request or court.

I just need to know if i should persure or take the £140, they have stated they cant demonstrate the fees by phone call what do you think? and if you think i shoud pursue can you give me an idea of a letter to write?

Many thanks

[midge61]

Hi

 

Personally I would tell them to take a hike and send copys of the documents you have received with a complaint to the ICO. They are in serious breach of the DPA.

 

I would then send an LBA for the charges and if they refuse again put in a complaint to the FOS.

 

Just my view though.

[missdpd]

Can't advise on letter im afraid but definately do not accept the money. They have cocked up big style and will be in serious doggy stuff if reported.....which they should be! What if someone else has received your details, definately a breach! Have you sent them an Subject Access Request letter for all the statements on your account and all other information they hold on you? The statements will detail the charges and show when they were applied. Definately report them with regards to this data protection breech though!

[icecreamman]

Hi!

thats what i'll do i think, i'll tell them i wont except, and yes i received all details by sar though am a little unsure of what charges i can claim as its a mortgage account, any feedback on this would be a great help.

 

Due to the fact that they didn't no how these charges were made up and in addition to this, there keeness to get the other peoples information back, i was thinking of writing one more letter before getting serious but stating that it is a final letter, though saying that what do you write to these people, and do you think its woth a shot?

[blueboy987]

I'd be very careful about what you say to them. If you're not it could be viewed that you're using the letters to, in effect, blackmail them in to paying you money - there are laws against that kind of thing.

[icecreamman]

oh yes and no problem though am not trying to blackmail my mortgage firm, the fact is they charge £25.00 per letter and if i send back the letters that were ment for other people without having my issue resolved, what proof would i have in court if it goes to court that i had been wrongly charged?

You seem to know what you are talking about, can you advise on a letter, or could anyone else?

[midge61]

Hi

 

I would keep the two things seperate. Write an LBA (you will find it in the templates library) re the charges. You can claim the unpaid dd charges but I think that is all, well that is all I claimed.

 

As to the documents belonging to other people I would make copies and then contact each person and return the origionals to them with a letter of explanation as to how they came to be in your possession and then send the copies with a letter of complaint to the Information Commisioner.