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Shelty vs NatWest home loans*settled*


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SAR sent today for NW home mortgage ERC dating back to July 1999.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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Thanks Zoot, just been reading up on yours & Dayglo's efforts ! I read in one of the intro's that you can go back up to 12 years on mortgages, whereas all of the other claims I've got in (banks/cc's etc) are only 6 years....can you confirm is that the case, because if not then the 1999 NW claim might get thrown out?

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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You can go back 12 years on principle sums secured by way of a mortgage. However, an ERC is not a sum of money secured by the mortgage as you pay it out of your own funds at the end of the mortgage.

 

Its possible the claim could be thrown out although there is a good argument to be made under s.32 (1)(b) relating to the deliberate concealment of the facts giving rise to the cause of action. Although for this you have to establish that Natwest was under a duty to disclose its losses and how it calculated its genuine pre-estimate. This could be difficult particularly given the fact that they hide behind commercial confidentiality.

 

 

A better option may be to try s.32 (1) © on the grounds that you paid the ERC in the mistaken belief that it was lawfully due. You now realise that it was not lawfully due and therefore the time would only run from when you could reasonably have discovered the truth. Ie following the OFT report and the emerging claims on this site.

 

Hope this helps

 

Zoot

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  • 2 weeks later...

Cheque cashed but no acknowledgement of request yet

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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  • 4 weeks later...

day 38 and still no info, so i called them to chase them up. "Ok Sir, are you ok to hold while I look into it for you?"....then they cut me off !!!

 

So called again, now they're going to call me back....wait & see

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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They called me back ok, saying all detail would be sent to me on Monday....Nothing arrived. Called today, to be told "system down can't check for you."!!! So 40 days is way up & I'm fed up with NW, who do I write to to complain??? That might put a rocket up their behind !:-x

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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Have a look at the information in the Bank Template Library on DPA non-compliance.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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non compliance to DPA letter sent.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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still nothing even after I spoke to my NW Personal AC Mngr to complain, he even checked on their system to see if any notes were put on there !

 

I'm going to send an initial request then amend the info at a later date, just so I can get it started. I'll amend the initial letter to reflect the fact that I'm awaiting info

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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Response to SAR today, and I've compared them with the copy of the letter they sent me when I redeemed the mortgage in July 99, which had the same detail on it, monthly payments, interest etc. However, the info I recived today makes no mention of any ERC's, it's purely a list of payments against the mortgage. So....is this 1)incorrect data 2)a way of claiming that the ERC was a payment which had nothing to do with the mortgage that was being redeemed and as such doesn't have to be on the statementin the worst case or 3)some sort of fraud ?

 

Lucky for me the letter from July 99, clearly states 16/7/99 "Charge raised" and "charge recieved"

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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  • 2 weeks later...

Had a call from NW asking me where I'd got my figures from (see above), told them the date of the letter in '99, and they said they'd be back to me by next Friday.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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  • 2 weeks later...

LBA sent today

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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2 letters recieved;

1. dated 4th jan from Greenock;

"By way of explanation, there is a cost to the Bank in obtaining these funds for you at a fixed rate and the Bank must continue to pay the fixed rate on the funds secured on your behalf regardless of your withdrawal from the arrangement.The level of charge represents the banks loss in this regard. " you agreed to it blah blah blah...

"The cases you refer to in your letter relate to charges imposed due to a breach of contract. ERC are not charges which are imposed as a result of breach of contract. We therefore consider that these cases are not relevant"

"For these reasons we cannot agree to refund the ERC to you. However, as a GOGW we are prepared to refund the £100 sealing fee"

 

2. dated 9th jan from Birmingham which I assume is responding to the LBA, saying they're looking into the complaint !

 

So, I intend to send a copy of each letter to the other party, & suggest that they check their records. Accept the £100 as part payment but retain the right to go to court etc.

 

Any other suggestions ?

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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Hi all

 

At the begining of this thread there was some discussion of a possible 12 year limit on Mortgage claims. Have I understood correctly, that unfair charges/penalties can be claimed going back 12 years.

 

Appreciate any info on this as I would have a claim against the Halifax.

 

Thanks

 

Dangermouse

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  • 2 weeks later...

Had a response, apparantly the letter from Birmingham was a mistake. Anyway, they are argueing that the ERC wasn't as a result of breach of contract. No mention of time since I redeemed it, which is a suprise, so I've sent the letter from the library in response to their non breach of contract arguement, and just to show that I've been prepared to negotiate, I've given them till the 1st Feb before I issue MCOL, which is an additional 10 days.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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Zoot, I would anticipate this claim going to small claims track as it's less then 5k without any interest, & even with the interest it's only just over the 5k threshold. My understanding is that in those circumstances I wouldn't be liable for costs ?

As for the letter, I used one that you posted on Jamorgans link as the arguement against their claims.....I assume that was the right thing to do ?

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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  • 1 month later...

£150 agreed to settle the claim

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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Well done, best this than finding your way into court (even small claims have the risk of costs)

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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claim was for £3.5k. I would have liked to have gone through the process (obviously!!) but in light of all the current advice, I thought I'd take whatever I could. Still....that paid for the dinner with friends last night!!!!:D

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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