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Northern Rock - Previous Mortgage Statements Request

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Hi all

 

A recently wrote to Northern Rock requesting all my previous statements relating to a mortgage I redeemed recently.

 

They have written back saying they can provide all annual statements (10 in total) at the rate of £20.00 each and have asked for a cheque for £200.00!! They have sent pre-paid envelope!

 

Is this correct? I now that there is a statutory fee in regard to bank statements which require a £10.00 fee maximum.

 

Would be grateful for any assistance.

 

Many thanks

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Cheeky B******s!!!!

 

Send them a postal order for a pound, and use this text (found it on this website!)

 

Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

print your name

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Hi All

 

UPDATE

 

Sent Subject Access Request and at the same time using a template I found on the lovemoney web site, I requested a reimbursemet of my Mortgage Exit Fee, £250.00.

 

Initial response was with regard to the Exit Fee or Discharge of Mortgage Fee (DOM) as they term it, saying they were justified and they would not reimburse the fee. I sent a second, follow-up letter suggesting that it had to be justified and the costs detailed and would they kindly demonstrate how the cost had been calculated?

 

I got fed up with waiting and called the Financial Ombudsman who were brilliant. Explained what I had requested in regard to both the SAR and DOM.

 

They took all the details and said they would contact Northern Rock on my behalf. They followed up the call with a letter detailing the conversation and outined what they had done.

 

Firstly, Subject Access Request - within 2 days a letter arrived containing the information I had requested well, almost, more details in a minute....

 

Secondly, a letter offering to reimburse the whole £250.00 as a "gesture of goodwill". Attached was an acceptance letter which I signed and returned - cheque arrived today, six days after I returned the acceptance! RESULT!! I would urdge all who have been turned down by their lender to ask the Ombudsman to intervene and don't give up! I redeemed my mortgage in December 2007 too!

 

SAR - this gets a little more interesting. I requested the SAR information purely to work out the arrears charges that had been debited to my account. Had the mortgage for 10 years, am self-employed and had had some arrears. However, statements for 1998, 1999 and 2003 were missing. Rang Northern Rock and asked for them to be sent and they said they would post them - waited a week, nothing. Wrote and received a reply today " cannot find 1998,1999 and 2003", "Err but you found all the other years!" "Mmm, sorry Sir, can't help...."

 

Said I was aware that the information should be on microfiche. They confirmed it was/is but they still can't find them! Interesting, because these were the years I got in to dificulty and would have incurred the arrears fees!

 

Can anyone suggest who to go to next? Perhaps back to the Ombudsman/FSA? Data Protection?authorities, Information Commissioner?

 

Thank you all for your help so far....

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Many thanks for the link

 

Have sent the notice by registered letter giving 7 days citing their non-compliance with the subject access request and will keep you informed

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ok

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Hi All

 

Followed the advice given in regard to bypassing the Information Commissioner and filed an action against Northern Rock (NR) for none compliance with the Subject Access Request. stated Damabes and cost £25 via Money Claim Online (MCOL).

 

NR filed defence stating they complied but admitted to not sending statements for 2003 and 2007 which arrived by post on the 22nd October 2009 (letter dated 16th October - assume postal strikes delayed delivery).

 

I have been sent a letter form my local court saying the case has been transferred to them and enclosed is a "allocation Questionnair which I have to send back by 9th November!!

 

This is for the "small claims track" which I have heard, rightly or wrongly, that I could be liable for NR legal fees if I fail. I want to proceed and try and at least get back my £25.00 fee plus costs of about £100. They did not comply with the SAR within the 40 days and have explained that I referred to an account that I had redeemed and transferred to a new mortgage with a new account number. The SAR states clearly however, that they supply ALL information they hold on me. It does not distingushe beteen a specific account and I feel they are just trying to wriggle out of it!!

 

Question C on the form asks if I agree that the small claims track is the most suitable. Should I agree? Should I tick the box to use the free mediation Service?

 

Thank you in anticipation of your assistance.

 

PS. Just read that the FSA have fined GMAC and ordered them to repay borrowers who incurred arrears charges in full:

 

GMAC-RFC -

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