Jump to content


  • Tweets

  • Posts

    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

My Mortgage Fees Were Refunded!!!!!!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6356 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

  • Confused 2
Link to post
Share on other sites

  • Replies 229
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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.

Link to post
Share on other sites

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 !!!!!

  • Haha 1

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.

Link to post
Share on other sites

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

 

 

 

DON'T FORGET TO DONATE!

Link to post
Share on other sites

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!!

Link to post
Share on other sites

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:

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

  • Confused 1

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

 

 

 

DON'T FORGET TO DONATE!

Link to post
Share on other sites

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?

Link to post
Share on other sites

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!

-------

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

-------

Link to post
Share on other sites

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?

Link to post
Share on other sites

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!

-------

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

-------

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

 

 

 

DON'T FORGET TO DONATE!

Link to post
Share on other sites

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!

-------

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

-------

Link to post
Share on other sites

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!

Link to post
Share on other sites

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!

-------

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

-------

Link to post
Share on other sites

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!

-------

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

-------

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6356 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...