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    • Spoke to my SIL a short while ago Andy and he had the following to say.....     No, he had left their employment by this time, in fact he left January of this year.     August 2013 up until January 2020     Yes, in fact he had a staff MORE card.     He laughed and said "Hell Yes" This even extended to the pubs deputy manageress whom he described as the worst offender and knew that my SIL was doing it as well as other staff members.   There is a story here....   He told me that after he had left, the company fraud guys came in to do an audit with her unofficially being the main target. He has an idea that she may well have been caught with her hand in the till and so she sang like a canary to save her own arse.
    • this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started   please is the actual deadlock letter binding, or can they just noll and void it like this?   Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property  and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,  
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Mortgate Early repayment penalty


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Afternoon all

Our Mortgate is a 3 year fixed rate with Alliance & Leicester, the 3 years of which are up on 15th March 2010, after which it revert to standard variable rate. The Early Redemption Charge is 3% of the mortgage if redeemed anytime before 15th March 2010.

 

Due to a change in personal circumstances we are now selling our home. I advised A & L of this and asked that if I redeemed my mortgage before 15th March 2010, would I still be liable for the full 3%. They replied that I would.

 

I then wrote and asked that if I redeemeed before 15th March 2010, provided I paid them the outstanding mortgage payments right up to 15th March 2010, would they still charge me the full 3%. They have just replied that even if I redeemed my mortgage 1 day before 15th March 2010, they would still charge me 3%, which in our case is just over £7,500

 

I believe I read somewhere that, provided you mitigate in full any loss incured by the lender as a result of your early redemption of a mortgage, which I obviously will do by offering to pay them a sum amounting to all the mortgage payments up to the expiry of the fixed term penalty period, then anything extra they charge you for early redemption is slightly unlawful, and wouldn't stand up in law.

 

Is this correct?

 

regards to all

17th July 2006 - Small Claims Court action filed

20th July 2006 - Claim deemed to have been served

24th July 2006 - Defendent filed an Acknowledgment of Service

17th August 2006 - Defendant's solicitors filed a defence (Sechiari Clark & Mitchell).

24th August 2006 - Defence & AQ received.

13th October 2006 - Court orders a stay until 11th Nov to reach settlement - yeah, right. http://cag-images.co.uk/forum/images/buttons/edit.gif

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I believe I read somewhere that, provided you mitigate in full any loss incured by the lender as a result of your early redemption of a mortgage, which I obviously will do by offering to pay them a sum amounting to all the mortgage payments up to the expiry of the fixed term penalty period, then anything extra they charge you for early redemption is slightly unlawful, and wouldn't stand up in law.

 

Is this correct?

 

I don't believe this is correct unfortunately as this link demonstrates.http://www.consumeractiongroup.co.uk/forum/mortgage-companies/139339-what-you-can-cannot.html#post1482245

 

2 or 3 years ago some caggers lost ERC cases in court and ended up paying hefty costs, so I think it's unlikely you'll avoid the charges. Not wishing to be pessimistic, but I wonder how likely it is that you'll sell your house and complete before March given the current economic climate and Christmas a couple of months away.

 

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Afternoon;

 

Have you considered porting your mortgage to your new home?

 

Not really an option. We plan on selling up down here in the South East, moving to Scotland, buying a plot of land, and building our own house. :)

 

Alliance & Leicester don't get involved in Self Build Mortgages, but that wouldn't be a problem as there are specialist organisations that offer draw down mortgages for people building their own houses.

 

Thanks for your input anyway. It looks increasingly likely that A&L won't budge, which is fine because the chances are we won't complete until after the Early Redemption Period finishes with them.

 

regards, and thanks again.

17th July 2006 - Small Claims Court action filed

20th July 2006 - Claim deemed to have been served

24th July 2006 - Defendent filed an Acknowledgment of Service

17th August 2006 - Defendant's solicitors filed a defence (Sechiari Clark & Mitchell).

24th August 2006 - Defence & AQ received.

13th October 2006 - Court orders a stay until 11th Nov to reach settlement - yeah, right. http://cag-images.co.uk/forum/images/buttons/edit.gif

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