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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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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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Evening.. just saw this when I was surfing, so popped it in a post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?p=86925#post86925

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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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Please don't shout if this question is way off what your all talking about as i am new and not clued up on mortgage stuff. :???:

 

I have had a Mortgage with the same building society for 4 years now. The first 3 years were fine and i could afford the payments but i got into financial problems, through being unemployed and all the bank charges snowballing etc. So i asked if i could have an interest only mortgage for 2 years, (payments are now £200 less than before) when i will hopefully in a better position to go back to the normal repayment mortgage. They agreed and charged me £500 for the privilege. I did not have to pay this to them there and then but instead it was added to my mortgage balance. So i was wondering could i try to claim some or all of this back, or this it a legitimate charge for the service of a changed mortgage type?

 

Thank you.

 

Amber x

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Please don't shout if this question is way off what your all talking about as i am new and not clued up on mortgage stuff. :???:

 

I have had a Mortgage with the same building society for 4 years now. The first 3 years were fine and i could afford the payments but i got into financial problems, through being unemployed and all the bank charges snowballing etc. So i asked if i could have an interest only mortgage for 2 years, (payments are now £200 less than before) when i will hopefully in a better position to go back to the normal repayment mortgage. They agreed and charged me £500 for the privilege. I did not have to pay this to them there and then but instead it was added to my mortgage balance. So i was wondering could i try to claim some or all of this back, or this it a legitimate charge for the service of a changed mortgage type?

 

Thank you.

 

Amber x

 

I don't think you would succeed in making a claim. It's hard to see how it could be classed as a penalty rather than a charge for a service.

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Hi all!

 

amber2508,in my view:

 

1.To change a mortgage product is a totally "acceptable service" within the parameters of a mortgage contract.

 

2.However,the £500 seems very excessive.At the end of the day,all the mortgage company has to do is change the code of your mortgage product from Capital & Interest to Interest Only and send you out some paperwork.

 

3.I would have considered the maximum fee acceptable to be around £200.

 

In conclusion:

 

a.Are you sure that the £500 does not include fee/fees for something else?

 

Please "double check" your mortgage paperwork and post your reply here so that we can give you some suggstions as to the best way(s) forward.

 

Anyway,I hope this helps.

 

If you have any more questions,just ask.

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Hi, this thread is interesting, as I have just changed my mortgage to a different one with the N/R. Even though it is with the same company, they charged me £6,500 early redemption fee for doing this,as well as a £399 administration fee, as I changed it 2 years early because of the lower repayments on new product.

Thought that was right as I changed to new mortgage early, but would be interested to see if anyone else has any luck with trying to reclaim these fees?

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Makes absolutely no difference. Then penalty charges argument is generall applicable and not limited to banks.

For instance (completely hypothetical situation) your council tell you that you have to dig a hole 3' long x 5' wide x 7' deep or else you're going to be fined £20. You engage the services of a professional hole digger who lives two doors down for £50. He digs the hole wrong and the council fine you £20.

 

ALL YOU CAN GET BACK FROM THE HOLE DIGGER IS THE £20, plus the money you paid him. If you demand any more you are levying punitive penalty charges and your demand is unenforceable.

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Is the consensus that early redemption charges are illegal? I paid #15,000 to escape from an awful mortgage, but stayed with the same company. Seems excessive to me!

Paul

 

The jury is still out on that one. Some people are trying to get them back. I am watching with interest.

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This sounds really interesting. Paid about 3000 to Platform last year to settle my mortgage. Have had a read through this and have 'tweeked' the prelim letter; anybody got any opinions? Thanks in advance.

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

My request

I am writing to ask you to refund to me the ‘Redemption Penalty’ charges which you levied on my mortgage account when I settled the balance last year.

I now understand that the redemption penalty fee which you applied to my account in order for me to pay off and close the mortgage is unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of me paying off my mortgage with you early, in order to reassure me that your penalties really do reflect your costs.

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: "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."

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that when I settled my mortgage with you, you operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your contract suggested that your redemption penalty charges are fair, legal and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXXXX in redemption penalty charges, which I paid at the time I settled my mortgage with you. I require you to return this sum to me.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully

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Hi Steve,

Sounds good if only it were a FACT that the redemption charges can be recovered in the same way as bank charges. Or are they bank charges? Very best of luck to you with this one. I'm going to start a new thread about this and see if we can get some good advice.

Paul

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Paul and Steve,

 

I think it's worth a try ,after all the point of arguament is that the charges are a "penalty" levied by an early termination of the mortgage within an agreed term.

Therefore they are not entitled to make a profit on the charge ,just recover their cost and any loss(possibly the difference between the discounted figure and the standard figure).

 

All in my honest opinion.

 

Regards Mark

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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I feel a bit of an "old hat" as I managed to get my mortgage redemption fees (6%) cancelled way back in 2001 !! It took me 5 weeks and 3 letters, but I got there!

 

Good luck to anyone else who tries it - it can be done!

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I feel a bit of an "old hat" as I managed to get my mortgage redemption fees (6%) cancelled way back in 2001 !! It took me 5 weeks and 3 letters, but I got there!

 

Good luck to anyone else who tries it - it can be done!

 

JulieG

 

Did you get them cancelled before you paid off the mortgage or afterwards? could you give us some more information.

 

Thanks

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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I've read this thread with great interest too, and I too would appreciate more information on what steps you took and to hear about any experiences people have had.

 

2yrs ago I was forced to change mortages from Kensington (I got divorced, kept the house but they refused to give me a mortgage on my own) they charged me a £9k redemption fee which I then had to put on my new mortgage... I'll start a new thread once I find out more information on my mortgage.

Thanks

Trixie :lol:

__________________________________

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I sent off a DPA to Birmingham Midshires,and got a pro forma back to fill in-a section on the form had a box entitled-"reason for this request"......I filled in that my accountant wanted the information......well,"he" does want it.....I am my own accountant at the moment;-)

 

I wonder if they are getting worried? :D

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hi been reading through this thread - sounds very interesting. but was wondering if anyone can answer this.

 

i still have a mortgage with a non-highstreet lender, im tied for 3 years of which im 2 yrs into (1 more year to go)....if i pay my mortgage off now i will have to pay a £7k redemption penalty...i want to sell the house as i'm paying far to much out, but at the same time i dont want to lose myu £7k of equity in the house. as i havent actually been charged this yet, is there anything i could possibly do to get this redemption charge removed so i can sell the house, pay my mortgage lender back, and walk away with the remainder?

 

thanks

 

rob

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