Mortgage Charges and Vacating Fee - Won against Birmingham Midshires

[doyin22]

I have just won my first case out of six against Birmingham Midshires for returned direct debit charges and Vacating fee.

The best bit is that they deny all charges as been unreasonable and are paying out on a technicality to quote their letter….

“…There were occasions when their were areas on the account and it was necessary for us to send you arrears letters, namely a SP1 letter on 1st April 05, and 6th August 05.

We followed normal company policies and procedures and all charges added to your account were justified. In accordance with the terms and condition of your mortgage contract, we have the power to recover any costs that are incurred in taking appropriate action to recover all or part of your mortgage debt.

Based upon this information I am unable to hold your complaint.

However, as we can’t guarantee that we included a copy of our leaflet of “fees for Additional Mortgage services” we will, as a gesture of goodwill, recredit the charges you have asked in your letter. This amounts to £595.00; this is made up of £445.00 covering unpaid direct debit fees and areas letter charges and the Vacating fee of £150.00….”

Prelim sent 30/08 - £660

Reply received 1/9 – sorry am unhappy and will investigate.

LBA sent 22/9/2006

26/09/2006 Letter Received – offering full settlement.

When i get the cheque a donation will be made to this site.

[zootscoot]

Fantastic!

 

Did you actually make a court claim against them?

 

Don't forget to fill in the survey and enjoy your pay out.

 

All the best

 

Zoot

[sues35]

Well done, thats fantastic news and another victory for this site!

[doyin22]

Fantastic!

 

Did you actually make a court claim against them?

 

Don't forget to fill in the survey and enjoy your pay out.

 

All the best

 

Zoot

 

I never had to make a court claim, it seems that they paid out as i claimed they never sent me out a leaflet "fees for Additional Mortgage services" detailing their charges therefore they are breech of regulations and cannot charge me.

I'm going to try adding this to my other cases...

[ukaviator]

Well done.. Another success.

 

Uk

[shovey]

Hi, could u tell me which address i send my prelim letter to midshires. im chasing after them aswell.

[ukaviator]

Hi Shovey

 

Unless someone else has it i will post it tomorrow.Not on my own PC and at work at the moment.Will be up all night by the looks of things.

 

Ukaviator

[doyin22]

This is the address i used. Good Luck

Birmingham Midshires

PO BOX 81

Penderfold Business Park

Wobaston Road

Wolverhampton

WV9 5HZ

[shovey]

Thanks ill get writing now.

[doyin22]

Good Luck, and remember claiming they never informed you of their fees for Additional Mortgage services helps.

[shovey]

Is there any chance of seeing the letters yous sent for a refund of midshires plz

[doyin22]

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: ???????????

I now understand that the regime of “fees” which you had been applying to my account in relation to direct debit refusals, Vacating fees and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

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.

 

Based on the statements in my possession I calculate that you have taken £480 plus £150 which you have charged me for vacating the mortgage. Total £630.

I enclose a schedule of the charges which I am claiming with this letter. I reserve the right to amend this amount following receipt of the information requested in my Subject Access Request dated 20th August 06.

 

To quote The Govan Law Centre: "[bank] 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." Ford Motor Co v Armstrong [1915]; Bridge v Campbell Discount Co. Ltd [1962]; Murray v Leisureplay [2004].

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully,

Then i sent LBA

Birmingham Midshires

PO BOX 81

Penderfold Business Park

Wobaston Road

Wolverhampton

WV9 5HZ

LETTER BEFORE ACTION

Ref – ???

Dear Ms Wilson,

 

Mortgage Roll Number: ?????????//

I am very disappointed that you have failed to respond within the timescales of my letter of the 30th August 06.

I am given you a final opportunity to rectify this as I now understand that the

regime of fees which you have been applying to my account in relation to late fees and exit fees, are unlawful at Common Law, Statute and recent Consumer regulations.

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.

 

To quote The Govan Law Centre: "[bank] 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." Ford Motor Co v Armstrong [1915]; Bridge v Campbell Discount Co. Ltd [1962]; Murray v Leisureplay [2004].

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £630 in charges.

I require repayment in full of this. If you do not comply fully within 10 days (noon on 6th Oct 06) then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,