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Reclaiming Mortgage ERC's.. Update... ???


mrpromiscous
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Its been a very very long time coming but after 4 months of waiting Barclays/Woolich have finally settled my claim for non compliance of the SAR regarding my closed mortgage account and I have the statements. However the last time I was on here some time ago two people had lost their cases in court for ERC reclaims and had damages awarded against them also ! Whats the latest on these type of claims ? Mine would be for just under 5K if I was to proceed however if the general view is such that ERC are not a penalty in the eyes of the law at this time then I will not start the claim.....

 

MrP

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Hi Mr P,

 

I've moved your thread to the mortgage forum. Which you can find as a sub forum off the other institutions forum. :)

 

There has been no real movement on the ERC issue a few claims have been settled out of court, in some instances in full, even after the defeats.

 

The legal point in issue is that ERCs are not a breach of contract so the penalty provisions do not apply.

 

If your claim is close to the 5K there is a chance that it could be fast tracked. You might want to wait a little longer and see if there is any further developments.

 

Do you have any late payment fees at all?

 

All the best

 

Zoot

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