julestoolsuk vs GMAC

[JulesTools]

S.A.R letter sent 04/09/06 to gmac-rfc feel free to copy/paste to suit your needs

 

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER [s] : xxxxxxxx

Please supply me with a complete list of transactions and charges relating to my history with your organisation within the last 12 years. Please include a copy of all data held i.e mortgage statements, charges, early repayment fees, deed fees, land registry fees etc .for the period in which I had financial dealings with you.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. May I remind you, you have 40 days in which to comply with this request. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you previously used to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch/broker.

 

 

Yours faithfully,

[ your name ]

[Kidson]

I don't think you are at liberty to reclaim the £10 Data Protection Fee as it is a service charge to which they are entitled.

[zootscoot]

This is a modified letter from the templates I believe.

 

You can claim the 10.00 SAR fee as part of the cost in bringing your claim. It does not form part of the actual amount claimed. So the services/penalty issue does not arise.

 

Hope this helps

 

Zoot

[Kidson]

Zoot you have lost me ~ please enlighten me

 

On the one hand you say you can claim the fee as part of the cost in bringing your claim. So if charges are as an example 100 and S.A.R 10 then total claim = 110

 

You then say it does not form part of the actual amount claimed ~ you not going to claim 110?

 

Clearly I am missing the point you are putting accross

 

Please educate - many thanks

[JulesTools]

Claimed as costs not charges

[Kidson]

Thank you

[JulesTools]

Data Protection stuff arrived yesterday by recorded delivery , just need to find time to wade through it all.Very thourough with what they have sent me copies of EVERYTHING including little jotted notes on letters etc and presented in a lovely plastic folder,aaawwwwww bless.Will sift through everything and see what i am entitled to and re-post later

[zootscoot]

Nice to see what they spend your charges on lol

 

Happy reading

 

Zoot

[JulesTools]

Right the SAR has been sat gathering dust since September and my Yorkshire bank claims are drawing to a close.

Decided its finally time to look through the mountain of info they have sent me and guess what!!!!!!!!!!!!!!!!

 

From the statements I have gathered that I paid

 

REDEMPTION INTEREST OF £2608.30

and

OVERPAID REDEMPTION OF £650.96

 

So as of January 1st the prelim letter is going off to GMAC RFC .

 

Will keep everyone updated

 

Jules

[JulesTools]

Hi All,

Quick update for you all

 

Sent my prelim letter to Gmac yesterday as follows

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxx

 

 

My request

 

I am writing to ask you to refund to me the ‘Redemption Penalty’ charges which you levied on my mortgage account when I settled the balance around July 2005.

I now understand that the redemption penalty fee which you applied to my account in order for me to pay off and close the mortgageis unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of me paying off my mortgage with you early, in order to reassure me that your penalties really do reflect your costs.

 

In Common Law you can only recover liquidated losses stemming from a breach of contract - that is, money which it has actually cost you to end the contract early.

 

To quote The Govan Law Centre: "charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79."

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that when I settled my mortgage with you, you operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I consider that your contract suggested that your redemption penalty charges are fair, legal and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

 

I calculate that you have taken £3108.67 in redemption penalty charges, which I paid at the time I settled my mortgage with you. I require you to return this sum to me.

My targets to resolve this matter

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before court action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim within the courts at the expiry of the second deadline .This will obviously incur further charges for which I will be seeking repayment of along with the £10 fee already paid to yourselves for the Subject Access Request I submitted.

 

Yours faithfully