Claiming charges from Britannia Building Society

[gerson]

Hi All,

 

I have had a response to my SAR request from BBS and I am looking to reclaim various fees. Looking through what I have is dificult (copies of microfiche files, two mortgages, 1 savings account, various correspondance, etc.)

 

Mortgage was taken out in 1986 and re-paid in 2005

 

From looking around in the forums I gather that the following can be reclaimed:

 

Late payment fees

Returned DD/CHQ fees

Deeds dispatch fees

Penalty interest

 

Is there anything else that can be reclaimed, e.g. cost incurred for passing mortgage to solicitors prior to taking action, etc.

 

Also I re-paid the morgage early by re-mortgaging with another supplier, are early redemption fees exempt?

 

Thanks for all and any response

 

G

[gerson]

Hi,

 

Does anyone have a spreadsheet that I can use to tot-up the charges, etc.???

 

Thanks

 

G

[BRIGADIER2JCS]

I have alerted the team no doubt you will son have a spread sheet.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011(1-Viewing)-nbsp

 

The 2nd spreadsheet in the link above should be used for charges.

[gerson]

Hi CitizenB,

 

Thanks for the spreadsheet.

 

As this relates to charges going back to 1986 with changing interest rates how best should this be entered

 

Thanks

 

G

[havinastella]

Mean mode medium

 

Average the APR out.

[gerson]

 

What an idiot I am

 

Thanks Havinastella

 

G

[gerson]

Update,

 

Still waiting for confirmation from BBS as to what the various codes mean.

 

In the meantime I have put everything that looks like a 'charge' into the spreadsheet - makes a very pretty number indeed (wifes face light up like a Christmas tree:smile:).

 

Also included 'sols/litigation' costs into the spreadsheet.

 

I have sent a letter today giving 7 days to respond requesting full breakdown of all/any 'sols/litigation' fees and again requesting a glossary of codes.

 

Also noticed that no information was given regarding some endowment policies that we had - so requested that as well

 

G

[citizenB]

Excellent - look forward to the update

[havinastella]

If you were in arrears and Court action was taken, you cannot reclaim those charges.

[gerson]

Hi Havinastella,

 

We were in arrears at various times during the term of the mortgage but BBS never instigated any court action, only ever threatened and we always managed to 'find' the money to pay what was due or at least a good portion.

 

G

[gerson]

Hi All,

 

Update time

 

Not much - BBS have responded to my request with the following------ a) cannot supply as your current address does not match that on record and b) you did not sign the request letter and c) DPA etc.......

 

OK - they have already supplied the SAR (incomplete) so why the BS now

 

Anyways I will form a reply on the basis of 'You have already supplied some SAR to this current address' and this time sign it

 

See how quick they reply with the confirmation of the codes and the other info requested.

 

G

[citizenB]

Yes, point out that the time to query your address and no signature would have been before sending out some of the data !!

 

Once you get the rest, make a complaint to the Information Commissioner.. Ask .. is it usuall to send out half the data, and then question whether they have sent it to the right person before sending out the rest !!

[gerson]

Hi All,

 

Update - BBS have still not supplied the information requested

 

So today I have sent them a 'formal complaint' and a request for refund of all 'items' that I consider to be penalty charges

 

They have 14 days to respond or it is off to the FOS

 

I have asked for all solicitors fees to be repaid and the indemnity insurance as well

 

Will keep you updated

 

G

[gerson]

Update:

 

Got reply back from BBS - sorry unable to respond may take another 4 weeks

 

They have till 8th November any way by my calcs....

 

G

[gerson]

Hi All - Update time,

 

BBS have refused my Claim in full

 

1. Mortgage indemnity fee is not reclaimable...

2. Litigation/Solicitors fees - rejected but have not provided any evidence/invoices to prove the costs just simply stated 'These are the costs applied on us for the services'

3. Fees (returned chq, failed DD, referal to arrears dept, etc.) are denied, - FOS have deemed that the arrears fees charged have been deemed fair and reasonable

4. Additionally they Quote reference to correspondance in 2003 where we supposedly queried fees and as such this issue is now 'time barred'. The only correspondance in 2003, which is in the SAR data and also re-copied in the recent reply, related to 'enquiry in respect to the Balance outstanding' at the time we were looking at re-mortgaging - the reply being 'The amount due would be the interest charged plus the insurance charged plus any fees charged making a total of xxxx'

 

To me Point 4 does not equate to me asking for a breakdown of fees but simply a Balance of account

 

Also in the recent correspondance is a spreadsheet of the breakdown of how they came to the xxxx number. This spreadsheet is not contained within the SAR data but does have a column for the 'Fees charged' over the years Prior to 2003, but is only totals and not a confirmation of each and every fee charged

 

Should I now take this to the FOS or give BBS one last Chance?

 

Thanks

 

G

[gerson]

Hi,

 

Decided to give BBS one last chance and sent them a letter pointing out my dispute

 

1. No company should require the consumer to indemnify them for a commercial loss

2. Provide invoices for the work carried out or refund in full - No caourt action was ever taken by BBS only a few letters from the 'arrears department'

3. Fees - unless they can provide a full breakdown of the reasonableness (i.e. this is a true cost) then refund in full

4. Correspondence in 2003 was in relation to balance of account and nothing else therefore not time barred

 

Have given them 14 days to respond or it off to the FOS/FCA we glo

 

G

[gerson]

Update,

 

 

BBS have basically said 'go away - FOS have agreed our charges are correct already'

 

 

So I now Need to give this to FOS/FCA for consideration

 

 

How do I pass this to the FOS/FCA from outside the UK?

 

 

G

[gerson]

Hi,

 

Britannia Building Society have refused to budge on my claim for various charges, fees, etc.

 

Am now in the process of sending all information to the FOS

 

Is this still the was to go or should I be looking at court (claim would be in excess of 30k)

 

G

[Blossomandebony]

Hi Gerson

 

I preferred to take my mortgage company to court (3 times) and each time they paid back the unlawful charges, just before the court hearing.

 

However, going down the FOS route is fine too - if you're not successful with the FOS you can then still take the court route!!

 

BAE

[gerson]

Hi BAE,

 

Passed to the FOS to review - if this fails then it will be to court

 

G

[gerson]

Update,

 

Now have a FOS reference number and they are requesting information from Co-Op (who now own BBS)

 

G

[gerson]

Update:

 

BBS have informed the FOS that they are under the impression that my complaint is 'time barred' and should not be investigated.

 

The final response from BBS was in Oct and complaint laid in February (so not time barred that way).

 

Will have to wait for the FOS to provide more details

 

G

[gerson]

Update:

 

No suprise - FOS have accepted the comment from BBS that I requested a detailed breakdown of fees in 2003

 

There is absolutely no evidence of this is the SAR pack, the only evidence I can find is a response in relation to a 'balance of account' enquiry which says 'balance including insurance, fees, etc'.

 

When I raised the complaint with BBS they responded along the same line and suddenly included a spreadsheet which showed an annual summary of account - but not since inception - which only gave totals and included a collumn for fees - in no way did this provide a breakdown of the fees only a 'yearly total'

 

I will now need to go back through all my paperwork and the SAR coms log to verify that we never requested at any time a full breakdown of fees

 

The FOS obviously do not look at the data supplied and simply followed the BBS 'script'

 

Once I verify that no breakdown of fees was ever requested or supplied then I will reject the FOS decision and request a further review

 

I will post up my redacted response to FOS in due course

 

G

[gerson]

Hi

 

This is the reply I intend to send FOS

 

Any comments welcome

 

G