Bristol And West Charges And Erc So It Begins

[biffa1965]

Allo folks, ive been slightly delayed in dealing with the Bristol and West bearing in mind ive remortgaged three times in the last 6 years. As some of you know i m currently going after the Birmingham midshire aswell as the Chelsea. today I dispatched my Sar to the Bristol with a few slight amendments to the letter, basically warning them off playing silly buggers re asking for additional costs and delays in sending out statements etc.iam in no doubt that il suffer the same obsticles that our friend alanfromderby has recently suffered. So I wait with baited breath.

[zootscoot]

Hopefully they have learned their lesson from Alan lol!

 

Best of luck with this one. You could do with them taking their time for a bit looks like you've got your hands pretty full at the moment!

 

All the best

 

Zoot

[biffa1965]

Well folks it would seem that the Bristol and West are playing the same game with me that they did with Alanfromderby. Got letter this morning from a Miss Bawdon Compliance Technician stating that my £10 postal order is not an acceptable means of payment for the SAR. She further goes on to state that the time deadline starts from the day the accept the 'acceptable payment'. All of this despite the fact that I stated in my original letter that id contacted the information Office and was assured that a postal order was acceptable, and also that a previous consumeractiongroup member had been through this rigmarole and his postal order was eventually accepted. just going to go back through Alans thread and see how he dealt with this

[biffa1965]

have sent letter to bristol and west threatening to take legal action if they dont disclose Data as requested. you would think they had learned from alanfromderbys case wouldnt you?

[Fullyskinted]

Just about to go after B&W myself so Ill follow your progress mate

[biffa1965]

no probs mate. take a good luck at alanfromderbys thread aswell. Hes actually beaten the buggers !

[Fullyskinted]

Alan is my hero!!!

 

Did you get my PM?

 

Also, what name/contact did you use / address?

[biffa1965]

Skint, ive pm ed yer with the name and contact details. just confirm youve recieved them on here mate

[Fullyskinted]

Ive got it mate. In the end I used a contact that I found on one of the previous letters.

 

Cheers

[biffa1965]

Folks i have today received data including statements from the illustrious Ms Bawdon of Bristol and Wests Data Team. Must admit the lady had worked quick to provide the material. However as my morgage account with them went back to 2004. She has only included material from 1999 onwards. She has however stated in her attached letter the following

'There is also a delay with the issuing of producing duplicate annual morgage statements from before 1999, This is due to a change in banking systems and information being archived. Again this informaion will be sent as soon as received'.

 

Now from the information i have to hand at the moment ie....1999 til close of account 2003, there is a couple of grand in charges. The bulk are pre 1999.( Not touchin erc at this stage). Can i still submit a claim for the period 1999 til 2003(the data i have to hand at the mo) or should i wait for the pre 1999 stuff (have to admit tho i know it will exceed £5000 poss fast track)

 

what do you folks think.Zoot if your out there id appreciate your take on this situation

[zootscoot]

You can start the ball rolling by doing your prelim letter and state that you reserve the right to add further charges. But wait until you get all your statements before filing your claim.

 

All the best

 

Zoot

[biffa1965]

My dearest Zoot thanks for the advice, must admit it wasnt what i wanted to hear but neverthless il follow your advice as always...cheers pet

[biffa1965]

Folks I have n today received the rest of my statements going back to 1994, the whole claim for charges comes to around £4000. However a good bulk of these charges are desscribed as litigation fees (some £1500 worth) is it still possible to claim these? surely Bristol and West need to justify these charges what do you think?

[alanfromderby]

Many of the "Litigation Charges" on my claim ended up being internal fees. It is important now to list every charge you wish to dispute, and send a letter to B&W asking that they provide:

 

a) A full explanation of what the charge is for.

b) Where the charge is an internally generated fee - what the actual costs were to Bristol & West in relation to that charge.

c) Where the charge relates to outside expenditure - what was this expenditure for, and to what company or statutory body was it paid.

d) Documentary evidence in support of the above.

 

At this stage I would not put any figure on your potential claim. Just state that you believe that many of the charges levied are unlawful, and that you will be forced to commence legal action against them if they fail to provide a satisfactory response to your request for information within 14 days (or 21 if you are feeling generous).

 

It is vital with B&W that you challenge everything, and put them to provide justification for their charges. By doing this, you will then be able to clearly see what items can be properly disputed. It will also put them in a very weak position when the matter inevitably escalates into a court claim.

[biffa1965]

Cheers Alan il get on to that tonite

[Fullyskinted]

Alan, my LBA for B&W is due to go out early next week (they have replied already with the 'NO YOU AINT HAVING IT AS YOU KNEW' reply last week...

 

Have you got a draft template at all for this?

[alanfromderby]

Alan, my LBA for B&W is due to go out early next week (they have replied already with the 'NO YOU AINT HAVING IT AS YOU KNEW' reply last week...

 

Have you got a draft template at all for this?

 

zootscoot better understands the process over ERC's, there should also be some information in the Mortgage Forum stickies.

[MONTY]

Hi - Don't mean to highjack this thread but need some advice from people already dealing with B&W.

 

I am of a mind to claim back my ERC from B&W. Having lost my final statement (I moved mortgages May 2004) I applied for a copy from B&W who charged me £20.00 for the privilege.

 

My statement does not actually use the wording "Early Redemption Charge" but does show that I was charged 5% interest (approx £2800) of the outstanding amount in the last month. The 5% charge was in accordance with B&W detailed charges for 'early settlement'.

 

Given that the statement doesn't actually state ERC, should I still proceed and try and reclaim the £2800?

[biffa1965]

thats the same on my final statement, i would regard this as an ERC. Go for it mate !!!

[biffa1965]

Folks I have today written to the good folk of Temple Quay asking them to justify their so called litigation fees (some £1600 worth of them). i have been delayed in dealing with this having been tied up with my Birmingham Mids case. i await the reply fom Bristol and West with baited breath

[Fullyskinted]

I sent my LBA off following Zoots advice in my B&W thread.

I havent questioned ANYTHING - I just sent off the LBA as per the template in the stickies...

 

Have I done a booboo???

[biffa1965]

nope you have not done anything wrong, theyve failed to address your request and quries so what else are you expected to do??? stick with it, your doin just fine biffa

[biffa1965]

Folks in light of recent developments i will be puuting my Bristol and West ERC on hold for the mo. Now the problem i have at the mo, is the following.

 

All my Bristol and West charges combined come to about £3800.00

The litigation fees account for approx £2300.00 of the above.

Following alanfromderbys advice i have written to the B+W to ask them to justify the litigation fees, iam almost sure they will not be able to do this.

The charges go back to 1996 at the earliest, therefore IF it goes to court with interest added it is going to be fastrack (ive worked it out, just exceeds £5000 with interest added). Now given our recent fastrack upsets (from which we re all still recovering) can anyone see any danger in this? or should this be a foregone conclusion as it relates to charges alone?

i dont underestimate the clout of the B+W i .know theryre not the easiest of foes to deal with.

[gizmo111]

As this isn't an ERC it will be different - but I would read Aln's thread a couple of times and ask alan for any advice if you are stuck as he has been through a lot with them and both sides have conceded on some points - so he is best placed to help you with the workings of B&W.

Good Luck with this - be preapred for a long drawn out battle.

[biffa1965]

Cheers Giz...il certainly do that