Elle vv Abbey - Mortgage Acct Charges

[ellemmjay]

Hi all

 

I've moved from the Abbey forum - got my bank charges back ( well 96.9% ) and am so addicted now looking for the charges on my mortgage account back. ( OH and another for some insurance they never paid out on )

 

Mortgae taken out in 1995 - made redundant Christmas 1996 and the charges kicked in really from there until I moved mortgage providers in 2005.

 

I've got 4 out of 10 years of statements and have sent an SAR for the rest - so far have had a letter back saying " yes you can have the copies you want but at £20 per year "

 

 

Advice Please - shall I pay the £20 per year for the sake of speed and claim the costs back when I claim or shall I stick to my guns with the SAR . Would they have an argument under the DPA as the claim goes back in excess of six years' ?

 

 

I did phone Sheena Small on Thursday at Abbey and she advised tha t she was responsible for all Mortgage SAR claims and would investiget what had happened with mine. She was good to her word and e mailed me back within an hour telling me she would respond before 5 on Monday

 

 

Anyone else claiming charges back from Abbey ( as oppose to ERC? )

[zootscoot]

Stick to your guns with the S.A.R - (Subject Access Request). They are obliged to supply all info they have on you not just six years worth.

 

Best of luck with your claim

 

Zoot

[Lula]

you just want to deal with the 6'2" blonde LGIL again dont you ;D

[ellemmjay]

All

 

Useful bit of info - had a number of statements -sent an SAR which Abbey claimed to have misplaced - rang Sheena Small - e mailed a copy of the letter - have had fantastic service from her - regular responses by both e mail and post culminating in an e mail today apologising for the delay and advising that all the relevant documentation had been sent today via DHL courier and I should receive tomorrow.

 

Providing it has the info I need, I have to say that one person at Abbey truly is concerned about Customer Service and in case she's reading this deserves a thank you - ( she probably won't thank me for this if there are now numerous people that contact her for assistance ) LOL

 

Her contact details are in the sticky at the top of the Abbey Forum

 

 

Keep watching

 

 

eLLE

[ellemmjay]

All deadlines expired a couple of weeks ago - no sensible response to any of the three letters sent to the Abey Group.

 

Does anyone have a template for Particulars of claim for Mortgage charges - there's no ERC - it's apprx £3.5K of arrears fees and spurious legal charges during reposession hearings

 

I accept some of these will be costs incurred but as they have failed to answer very direct questions relating to proving these costs.

 

Thanks in advance

 

 

Elle

[Lula]

bumping for more attention

[alanfromderby]

This is what I used:

 

 

 

1. The Claimant has a mortgage account number xxxxxxxxxxxx (the Account), with the Defendant which was opened on or around xx/xx/xxxx.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied.

3. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

4. A list of the charges applied is attached to these particulars of claim.

5. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

c) The Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then the Claimant contends that the Defendant is mistaken. As the Claimant only became aware during February 2006 (or whatever date) that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period.

d) The Defendant has been given ample time and opportunity to provide documents and supporting evidence to show how the charges debited to the Account have been calculated, rather than do this the Defendant has been deliberately obstructive.

6. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges being the sum of £xxxx.xx,

b) Interest charged by the Defendant in respect of these charges, at an average rate of xx%, being the sum of £xxxx.xx,

c) The return of £10 paid to the Defendant for processing a Data Subject Access Request in order to ascertain the actual date and amount of each charge,

d) Costs of £xx for sending various letters to the Defendant, and time spent on preparation of claim,

e) Court costs.

7. The Claimant wishes to claim interest pursuant to section 69 of the County Courts Act 1984, at a rate of 8% per year from the date that the Defendant received payment to xx/xx/xxxx, which has been calculated at £xxxx.xx as set out on the attached list of charges, and also interest at the same rate up to the date of judgment or earlier payment, at a rate of £x.xx per day. NB: It is important to remember that this should be calculated from the date the charge was actually paid - this is not necessarily the date it was levied to the account.

I, xxxxxxxxxxxxxxxxxx, believe that that facts stated in these particulars of claim are true.

Signed………………………………..

[ellemmjay]

Lula - thanks for the "bump"

 

Alan - thanks for the wordings - much appreciated

 

 

Elle