Mortgage Ex VRS missjoy - help! they want ££!!

[missjoy]

OK! Please help me here!

 

We sold our house last year & paid the mortage company off. Then a few months later they sent us letters saying we actually owed them an extra £1000 as we had bounced a cheque payment during our agreement (for £1000).

 

the cheque bounced long before we had asked for a settlement figure & paid them off.

 

We had asked them "how much do we owe?" & we paid them then months later they said "oh you owe an extra grand, becuae you bounced a cheque".

 

What can i do here? Please they are on my back big time!!

[gizmo111]

Was the £100 included in the settlement figure - check your statements if you have one, and do you ahve any charges or ERC to claim back from them?

[missjoy]

*edited*

[missjoy]

Well, i checked my settlement sheet!The £1000 is not mentioned on the settlement sheet. Though they say they "reserve the right to vary the total to redeem". They had sent a covering letter along with the redemption statement to my solicitor. Here it is.

 

 

On the actual redemption statement is says:

Total to redeem as at XX October 2005 £XX,XXX. (This amount was paid). Sorry i dont want to give the amount as they might be watching!!

 

The £1000 cheque we sent them bounced long before this date, im not sure when though, as ill explain in a mintue! There will be some small charges to claim (missed payments). There was no ERC, though i do notice on the redemption statement there is a "Redemption Fee" of £175.

 

Now, I sent off my DPA request to them almost 50 days ago & they had not responded until the 49th day. However, it was not the response i expected. They have sent a letter giving me 14 days in which to pay £990. They took my £10 DPA request from the £1000 & never sent the statements! Cheeky buggers!

 

At the time of sending the DPA request, i had actually written them another letter in which i said i would be contesting any alleged debt & that i would make sure they had a more detailed response with 30 days. (To date i have not sent them a "more detailed response" - naughty me, am i in trouble now)?

 

Please please help me out here... Im somewhat out of my depth! Any help is greatly appreciated!

 

*Also in the letter i got, it said the shortfall had occurred because of a "new computer system".

 

***After some reading on the forum concerning mortgage companies, am i wise to proceed with this??*** Mortgage Express had previously said they would be taking £5 per month for the debt of £1000. I did get letters at my moms house from them but I have lost all letters sent from them saying this. I also dont know how they intended to do this (they dont have our bank details etc). Previous to this communication re DPA, I ignored all letters from them, maybe not wise but i did. The only thing i have to prove they were willing to take £5 per month is my credit file, where you can see they have a non payment for £5 against me each month. (perhaps trying to mess up my credit file?) Should i now offer to pay them the £5 per month? Would they have to accept it?

 

Please please help, im in a right pickle & i dont have much time

[mrsfoot]

Hi, im hoping i can help a little here.

 

Ok with your DPA money and no statements, you can now go to court and get and order from the judge to give you the statements. Thye have to comply to the DPA SAR by law, they have not and indeed used your money against the intention it was meant. Make an immediate complaint to the Information Commissioner and let him decide. There is also prepared templated letters to force compliance, through the courts if necessary.

 

This will be the first step. From this you will be able to see when the cheque bounced, was it then added back to the acount and paid as part of the redemption.

 

If they contact you again by phone, tell them you have sent a DPA SAR (understand fully what this entails by reading http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=10

 

and tell them that you will be in a beeter position to respond once you get the information you have requested.

 

Hope this helps

[missjoy]

Hiya, many thanks for your answer! They never contact me by phone, because they dont have a number - which is good!

 

I have previously made 4 successful claims, prepared several court bundles, but never got to court, (2 NI banks, MBNA & Cap One) so im not exactly new to this, but i am new to this situation. This is why i need & appreciated everyones help!! Many thanks for your answer, i will do a bit of reading up & try to enforce the DPA request.

 

Does anyone else see anything to help me in my case:???:

 

Thanks again

[missjoy]

Ok, so Mortgage Express have deducted my £10 DPA money from "my bill" & have not complied with my request in well over 50 days now. Please help, what is the next step from here? I am looking to enforce complience through the courts if necessary. What will i write to Mortgage Express & will i make a complaint to the Information Commissioner?

 

Cheers guys.

[zootscoot]

Non compliance letter can be found here:

 

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

 

and yes do report them to the Information Commissioner. You can find out how to do this by visiting their website.

 

Best of luck

 

Zoot

[missjoy]

Thank you VERY much for your help zootscoot. Will send off that template & will keep you all informed. Your reply is genuinely appreciated