Birmingham Midshires ERC ***WON***

[lickthewallfatboy]

we were with Birmingham midshires mortgages until about 3 years ago.We had just changed to a fixed rate mortgage,and circumstances changed quickly in that after about 2 months,we had to move.Sold the house and BM hit us with a rather stiff penalty for clearing the mortgage.

 

 

We built our own house,and didn't use the BM.

 

I have written a letter asking for the redemption statment,and when I get that I am asking for a breakdown of how the penalties added up,and if it's dodgy-and it probably is-I'm going to ask for them back.We're talking a decent 4 figure sum here....

 

In for a penny,in for a couple of grand!!

[Janet-M]

please keep us posted

[lickthewallfatboy]

I will indeed.Depending on where this goes,I may need some assistance.....

[Seminole]

More than happy to help...

[gordonhall]

I'm not planning to hijack this thread (i've got my own - http://www.consumeractiongroup.co.uk/forum/showthread.php?p=71080#post71080)

 

but I wondered if this is a similar situation to endowments. I've just been told that there will be a FIVE THOUSAND POUND "early encashment PENALTY".

 

Any ideas if this is reclaimable? Answers on my thread please!!

[surreyscouse]

for what it is worth, i am a week away from issuing proceedings against abbey. Absolutely no response from them. See the thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7328

 

I'll keep updating it, but my philosphy is the same as yours, in for a penny...........

[tigertree]

I also got hit with a large amount of early repayment charge from Birm Midshires a couple of years ago. The thing is it amounts to over £5K so that would rule it out as a small claim.

 

I will be watching this thread with great interest.

 

Go get 'em!

 

Tigertree

[lickthewallfatboy]

I sent off to B.Midshires on June 4 asking for redemption figures on an old mortgage we used to have.They sent back a SAR pro forma to be filled in.

 

Does the deadline run from my initial letter,or from the date of return for the pro forma?

 

thanks

[callumsgran]

i would say your timetable, as their is no fee involved, good luck!

[lickthewallfatboy]

thanks for the speedy reply-and just what I wanted to hear!!

[thunderpuss2k]

Out of interest how long did they take to reply? I sent a SAR to BM on 25th May, delivered on 31st May - but not even an acknowledgement back as yet.

[lickthewallfatboy]

they sent me the pro forma pretty quickly to be fair,but no word since...

[thunderpuss2k]

Thanks for the info. Might send them a reminder in a few days.. haven't seen a form or anything.

[big aid]

i think that they have 40 calender days from the date on your original SAR letter.

[lickthewallfatboy]

that leaves 9 days......july 15

[lickthewallfatboy]

today,with one day to go on the Data Protection Act deadline,I received a load of paperwork via recorded delivery with all the details I requested.

 

There are several penalty fees for returned direct debits etc,and all under the title "Assess Fee" amounting mostly to £25 each and interestingly,one for £2989(called a "switching fee" on the statement!!)....and the most interesting,a penalty of £3250 for early redemption of the mortgage.

 

This all adds up to a figure of £6768,if I am correct.....

 

ALSO-AND QUITE WORRYINGLY

Birmingham Midshires included in my information a copy of a solicitors letter in connection with the sale of someone else's property,with their account number plain to be seen with their full name and address!!

 

I believe I am right in thinking that this is a serious breach of the Data Protection Act-anyone know what consequences this could potentially have for BM,and could it be subtly mentioned in correspondence in order to loosen their pursestrings a bit more quickly?

[lickthewallfatboy]

This morning I got my information from Birmingham Midshires-but very worryingly they included a copy of a solicitors letter in connection with someone else's house sale from here in Northern Ireland,with their full address and account number plain to be seen,and on another page of fax copy from BM to another solicitor in the UK,my account number and name,and their account number and name are written on it in pen!!!

 

I do not know the other people whatsoever,and I am beginning to get really angry here....

 

could I use this to get what I want (nearly £7K in charges and early redemption fees)any quicker?.

 

I think BM could be in big trouble here-am I correct?

[thunderpuss2k]

I believe I am right in thinking that this is a serious breach of the Data Protection Act-anyone know what consequences this could potentially have for BM,and could it be subtly mentioned in correspondence in order to loosen their pursestrings a bit more quickly?

 

Well..

 

Data Protection Act 1998 s55 says:

 

55. - (1) A person must not knowingly or recklessly, without the consent of the data controller-

(a) obtain or disclose personal data or the information contained in personal data, or

(b) procure the disclosure to another person of the information contained in personal data.

 

 

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) A person who sells personal data is guilty of an offence if he has obtained the data in contravention of subsection (1).

 

Not sure if that helps?

[thunderpuss2k]

There are several penalty fees for returned direct debits etc,and all under the title "Assess Fee" amounting mostly to £25 each and interestingly,one for £2989(called a "switching fee" on the statement!!)....and the most interesting,a penalty of £3250 for early redemption of the mortgage.

 

Switching fee and early redemption? Blimey. So you've effectively got two charges for redemption - one for switching from one product to another, and one for terminating the product you switched to?

 

FYI (and no, not hijacking this thread - just thought it'd help) my redemption statement contains, amongst other things, these entries:

 

- Late payment interest charged

- Miscellaneous feeds

- Early repayment charge

- Vacating fee

 

Those four add up to just over £5k. Madness isn't it?

[lickthewallfatboy]

IT IS BONKERS MATE!!

 

I am hoping that this could be the key to a very speedy settlement.Here's hoping that you get something like this as well-examine all paperwork very closely.I couldn't believe my eyes when I was looking at someone else's name,address and account number....

 

and 2 large fees-what a stroke of luck!!!

 

Phase 2 intitiating-Warp 9, Mr Sulu.....

[thunderpuss2k]

Sort of related.. when I had dealings with Egg a while back they managed to staple a whole raft of info to some correspondence. There was a covering letter to Northampton County Court requesting judgement on a case, and attached to that someones income and outgoings questionnaire (can't remember the exact legal term for it, brains not working this morning!). Knew their name, address, phone number, job, income, how many kids, personal circumstances, etc.. scary.

[lickthewallfatboy]

did you confront them?This could be a very big stick to beat any offending parties with.

 

And I'll tell you something else-when I read through the solicitor's correspondence to BM,the level of total incompetence on their part(BM) beggars belief

 

3 months after the new people moved into our old house when we sold it,BM still had not removed their charge from it,and my solicitor was VERY irate about it.Amongst other things of course.....

 

they aren't infallible after all....

[thunderpuss2k]

did you confront them?This could be a very big stick to beat any offending parties with.

 

Yep, they asked for it back. I told them they'd have to come collect it or pay for my time and postage if they wanted it. It was all a bit complicated at the time so didn't do much more to fight them, but what comes around goes around as they say..

 

3 months after the new people moved into our old house when we sold it,BM still had not removed their charge from it,and my solicitor was VERY irate about it.Amongst other things of course.....

 

Until not that long ago, most of the CRAs showed that I'd defaulted on my mortgage over a year ago and it was still outstanding. Quite impressive considering it was settled over six months ago

[blueskies]

Wow, two in one day, the banks are getting sloppy

 

See HERE for the other one and HERE for what to do.

[lickthewallfatboy]

It seems that BM might be just a bit rattled....

 

got a letter back already from Kate Cartwright,Senior Compliance Officer

 

thank you for your letter of 15 July 2006.I am very sorry that you found corespondence in my response to your subject acces request that did not relate to you.I can assure you that both I and my colleagues are aware of the seriousness of this incident,and I would therefore ask that you return the said document to me in the enclosed envelope so that I can investigate how this happened and ensure that our processes are reviewed to ensure that this does not happen in the future.

 

All documents are checked before they are sent out,but obviously in this case human error has allowed an incorrect document to ne sent out to you.

 

Once again,please accept my sincere apologies and I look forward to hearing from you shortly.

 

 

Yeah,right-do they think I'm stupid or something?I'm holding onto this-it may come in very useful!!