Birmingham Midshires v.uncooperative!

[brownie24]

Hi all

 

After sending my SAR request letter to Birminigham Midshires on 23rd November, in which I clearly stated that I wanted complete list of transactions and a breakdown of my redemption figure I received in the post last Thursday a great big pile of what I can only call rubbish......and it certainly did not include any mortgage statements or any figures relating to any ERC paid or any fees charged on the account! Instead it was just documents realting to our initial mortgage application, solicitors documents and evidence of phone calls that had taken place over the years between myself and BM.

 

So I got on the phone to BM and asked why they had not sent me actual mortgage statements as I had requested.....well I got a rather snotty lady on the other end who told me that I had received all the info that they were entitled to send me under the Data Protection act and that Mortgage statements were not covered under the SAR and that if I did want actual mortgage statements and a breakdown of my ERC that I would have to request this separately and that this would incur another charge as it would have to be prepared manually and would be £20 per page and was likely to be three pages long!!!!!!

 

Well I adamantly disagreed with this and said that I beggged to differ and that under the Data Protection Act I was entitled to mortgage statements and the £10 fee I had already paid for this was sufficient. After much heated discussion she went away to speak to another department and came back to me and reluctantly told me that she would send me a closing statement free of charge which would include the ERC but they would not send me copies of my actual mortgage statements!

 

Has anyone else had any similar probs with BM and are they actually breaching the Data Protection Act by failing to supply me with mortgage statements? Does this mean I can report them?

 

Any advice would be muchly appreciated

 

Brownie24:)

[zootscoot]

Hi Brownie,

 

We've had a few successes from BM.

 

Under a SAR they have to supply all personal data they hold on you and this would include statements.

 

Send an LBA for non compliance

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

All the best

 

Zoot

[ukaviator]

Hi Brownie

 

I have a case going on with them at the moment. They do get frustrating when you try to negotiate with them. I have made 11 calls to their solicitors just asking if they have heard back from BM about their next move, settle or battle. Keep getting told that they are waiting for BM to answer their requests. From the last conversation even the solicitors are getting frustrated. I will produce my phone log to show the judge that i have been resonable and that calls have been made to settle this, this won't look good on BM.

 

Ukaviator

[brownie24]

Hi

 

After a struggle to get the a break down of the ERCs I paid to BM I have finally received this information.

 

Now I would like to know what exactly I can claim back, on the list of mortgage transactions that they have sent me I have had to pay the following fees:

 

ERC - which I know I can try and claim back

Vacating fee - can I reclaim this?

Interest - can I recalim this?

Assessment fee - can I reclaim this? (I think this refers to an unpaid dd charge)

 

Any help would be much appreciated. Also is there a template of a letter that I shoud use as a prelim approach letter?

 

Cheers

 

Brownie24

[biffa1965]

thats a yes to all three, please note on your statements there will be references to assess fees and capital fees.. you only claim for assess, the cap fees and merely duplicate of the assess fees hope this helps

[zootscoot]

What interest are you refering to? If this is normal interest due then no you can not claim it.

[brownie24]

Yes I think the interest in merely normal interest due so I will not be claiming for this.

 

Cheers

 

Brownie24

[brownie24]

Oooh just another quick one I will be trying to reclaim the ERC on two mortgage accounts both held with BM. Can I incorporate both of these accounts on to one letter when sending my preliminary request for payment?

 

Thanks

 

Brownie24