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    • Thanks once again dx! Your advice is greatly appreciated. I think you forgot the bit where you say "In future contact CAG first." At least I would have saved £69 but I've learned a lesson way more valuable and that's not to ignore a debt just hoping it will go away after 6 years. Here's hoping as a gesture of good will they actually remove it. Although theoretically they could also put a satisfied default on my file as well. The irony is that I only found out because I wanted another contract with EE. They told me I'd never get another EE contract with the AP markers on my file until it was paid off, so that's why I thought it would be resolved. Interestingly Lowell put up a proper fight after their account dropped off the CRA but you're correct. It wasn't written off! They ended up agreeing in writing "to no longer enforce the debt"
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    • My emailed letters to P2G have been received and considered by David Jeremia Schnur who is P2G's 'Escalation and Complaints Adviser'. His response is attached. 19Apr24 David Schnur Linked In page.pdf 19Apr24 P2G email to me confirming my emails received.pdf
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    • Not prosecuting in the public interest seems to be bandied about on forums frequented by students. I don't think I've ever seen a prosecution not go ahead because of that. You would have to define why it isn't in the public interest to prosecute someone who isn't paying their way and is costing other travellers more. I can't think of a reason. HB
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    • Hello,

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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My Mortgage Fees Were Refunded!!!!!!!!


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A while back I asked about getting mortgage redemption fees back from Leeds and Holbeck (4800 pounds) - well thanks to all the advice I got from this site I wrote to Leeds and Holbeck and they agreed to refund all the fees minus the interest they lost out on for the 2 months (I was tied in for five years and cancelled the mortgage 2 months before this was up). All this was completed within 2 weeks and I'm just waiting for my check to be posted out!!!

 

Thanks to all who gave me advice esp. robertxc whose quote I used in the letter to the bank. So anyone else with early redemption fees - try and get them back - I did!!

 

Now I'm just waiting on those other pesky banks to refund my charges.....

Still, this has given me the courage to go on!!!!!

THANKS!!!!:p

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Talk about serendipity! Sitting next to my laptop as I read this post was a letter from GMAC detailing my redemption penalty (£5400!!). I was just composing my opening letter to them in my head! Any chance you could let me know how you worded your letter?:D

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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A while back I asked about getting mortgage redemption fees back from Leeds and Holbeck (4800 pounds) - well thanks to all the advice I got from this site I wrote to Leeds and Holbeck and they agreed to refund all the fees minus the interest they lost out on for the 2 months (I was tied in for five years and cancelled the mortgage 2 months before this was up). All this was completed within 2 weeks and I'm just waiting for my check to be posted out!!!

 

Thanks to all who gave me advice esp. robertxc whose quote I used in the letter to the bank. So anyone else with early redemption fees - try and get them back - I did!!

 

Now I'm just waiting on those other pesky banks to refund my charges.....

Still, this has given me the courage to go on!!!!!

THANKS!!!!:p

 

Not to be too blunt about it... But that's £4800 that you didn't think you had a hope of retrieving without this site... Which is in dire need of financial assistance to keep it up and running... I think you know where I'm going... Yellow_Flash_Colorz_PDT_08.gif

 

 

 

 

Totally at random... 5% of 4800 = 240 !!!!!

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If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Brilliant stuff! :)

 

My remortgage is just about to complete, and I'm being stung for £3900 early redemption penalty. I wouldn't mind some of that back!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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Well done!

 

Was there any admission of liability in their letter? I would assume not but I'm ever the optimist!

 

Sorry, no. They even had the audacity to say that if you had came to us sooner we could have came to an arrangement before now.....even though I had written AND phoned, but at least they coughed up!!

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Talk about serendipity! Sitting next to my laptop as I read this post was a letter from GMAC detailing my redemption penalty (£5400!!). I was just composing my opening letter to them in my head! Any chance you could let me know how you worded your letter?:D

 

This is the part of my letter that I think clinched it:

We were contracted to stay in the mortgage for 5 years, but had to cancel 2 months short of the deadline and subsequently had to pay early redemption charges, which we now feel were excessive and unfair. In Common Law you can only recover liquidated losses stemming from a breach of contract - that is, money which it has actually cost you to end the contract early.

 

To quote The Govan Law Centre: "[bank] charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79."

As we were only 2 months from the end of our contract we feel that the losses that you incurred were well below what you actually charged us.

Therefore, we request that you refund the following to us:

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NO!!! I was quite shocked. I sent the letter out, within 3 days I had a reply stating it was with their mortgage manager, then 4 days after that I got a reply from him offering the money - I couldn't believe they gave in so easily!!! That has to be a first. So I have to sign a from and they will post out the money.

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I wonder if the mortgage lenders are aware of what's happeing to the banks with their charges, and are feeling jumpy about it.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Sorry to hijack the thread but it is on the same subject.

 

My discounted rate finished last month and I am now paying the full rate, yet the redemption penalty still runs for another year. Am I right in thinking that it is actually costing the Mortgage company nothing as the discounted rate has finished?

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Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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It doesn't 'cost' the mortgage company anything. Don't confuse 'not making as much profit' with 'suffering a loss'. the two things are entirely different. You can only use the law to recover a 'liquidated loss', which means that if they charge you £5K to get out of your mortgage, they would have to demonstrate that it has actually cost them that to do it.

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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NO!!! I was quite shocked. I sent the letter out, within 3 days I had a reply stating it was with their mortgage manager, then 4 days after that I got a reply from him offering the money - I couldn't believe they gave in so easily!!! That has to be a first. So I have to sign a from and they will post out the money.

Do you think it happend so quickly because you only had 2 months left to run and there is no way they could legitimatley justify the redemption penalty for only two months worth of time left?

 

It would be nice to hear or know why they gave in so easly?

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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It doesn't 'cost' the mortgage company anything. Don't confuse 'not making at much profit' with 'suffering a loss'. the two things are entirely different. You can only use the law to recover a 'liquidated loss', which means that if they charge you £5K to get out of your mortgage, they would have to demonstrate that it has actually cost them that to do it.

 

 

Well, put, I was looking at it the way the OP got it back, by just paying the interest for the 2 months that was left on the redemption tie-in.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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we were with Birmingham midshires until about 3 years ago.We had just changed to a fixed rate mortgage,and circumstances changed quickly in that after about 2 months,we had to move.Sold the house and BM hit us with a rather stiff penalty for clearing the mortgage.

 

Would I have any comeback as regards getting the money back,and if so would some kind person care to give me a contact address so I could chase this up?

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Would I have any comeback as regards getting the money back,and if so would some kind person care to give me a contact address so I could chase this up?

 

If you sold, the account is settled, and all is fine and dandy - ie you don't owe them any money - then I can't imagine there'd be any comeback..?

 

Address-wise, I've got:

 

Birmingham Midshires

PO Box 81

Pendeford Business Park

Wobaston Road

Wolverhampton WV9 5HZ

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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If you sold, the account is settled, and all is fine and dandy - ie you don't owe them any money - then I can't imagine there'd be any comeback..?

 

Address-wise, I've got:

 

Birmingham Midshires

PO Box 81

Pendeford Business Park

Wobaston Road

Wolverhampton WV9 5HZ

 

thanks fo the address-rings a bell now you mention it.

 

Maybe I wasn't being too clear when I said "comeback"-I really meant will I have grounds for getting a refund?

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thanks fo the address-rings a bell now you mention it.

 

Maybe I wasn't being too clear when I said "comeback"-I really meant will I have grounds for getting a refund?

 

Ah ok, thought you meant their heavies knocking on the door and stamping on your flowerbed? ;)

 

I'd go for it if I was you.. afaik they have to prove that the redemption charge is an actual loss that they sustained by you paying off the debt early. If you can get hold of a copy of your redemption statement that would be fab, as you might find some 'other' charges on there - like this mystical 'vacating fee' I have on mine.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Erm, don't mean to sound stupid, but if the "Vacating Fee" is for the administrative bits for closing a mortgage, what's the redemption fee for?

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Forum clock seems to have gone haywire and my posts are all over the place!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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So the £150 is a fee for their administration costs to end the mortgage early.

 

What is the £4000 for then?

 

Early repayment charge, apparently.

 

Nope, I still don't get it. Think it's time to write a little letter..

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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So the £150 is to cover their costs of ending the mortgage.

 

What is the other £4000+ for then?

 

 

I have basically the same on my statement,

 

Early repayment and deed release fee - £190

Early redemption fee - £3800ish!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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So the £150 is to cover their costs of ending the mortgage.

 

What is the other £4000+ for then?

 

 

I have basically the same on my statement,

 

Early repayment and deed release fee - £190

Early redemption fee - £3800ish!

 

It's for early redemption isn't it? Surely you can see the value for money there? :razz:

 

Maybe we need a separate 'sue your mortgage company' sub-forum or something..

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Wow, I nearly fell off the chair when I saw this thread! I sold my house last November, and amongst other figures on the redemption statement I had £56.44 late payment interest charged, £462.75 'miscellaneous fees', £150.00 vacating fee, and a £4,388.36 early repayment charge.

 

Already served a DPA request on them a few weeks back and it's been delivered, so just waiting for their reply.. however in the meantime, anyone fancy a guess on whether I'd be able to get back any of this? Quite happy to donate 5% to the forums if I win, would be 10% but I need the cash :(

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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