Reclaim excessive mortgage arrears fees, borrowers urged

masmit

Sar Letter
This SAR was kindly supplied by Incipience.

DATA PROTECTION ACT 1998
SUBJECT ACCESS REQUEST

Date: xx:xx:xxxx

Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX


I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

Your Faithfully.

.................................................. .................................................. .......................
Details of:
SAR (SUBJECT ACCESS REQUEST)




For anyone requesting a Subject Access Request (SAR), they have 40 days to comply and send you all the information they have on you on your accounts.

£10 cheque payment or postal order is required.

Always post by recorded delivery.

When you receive the SAR, you should receive all that is requested within the template, if in doubt just post up here where someone will be able to confirm what is what.

You will or should receive all information going back as far as 6 years, you may be lucky to receive information going back even further, every company varies from one to the other.

Write again to the company if you believe they have not given everything requested, they should write back within a short time and confirm if that is everything they do have on you and your account(s) with them.

You do not always receive recorded discs, however phone calls made Jan 2005 after may have been recorded, where they may then supply the recordings, but otherwise you should receive transcripts of dates, times etc of when calls were made and the reasons for the phone calls.

If there were a joint loan taken out, and you both require details, most companies will want 2 payments of £10 x 2 = £20 cheque or postal order and require 2 signatures, check this with the company concerned to save on time and any come backs.

Again if you feel let down you can always contact the Information commissioners Office, known as the ICO who will be able to direct you here, here is the ICO website for your interest, check this out, as more information will be within their website.
http://www.ico.gov.uk/for_the_public.aspx

mhairib_2

hi
I have a query about claiming back charges with Northern Rock.

Can anyone tell me if I can claim back the following -

1. Discharge of Mortgage Fee
2. Sundries
3. Debt Counselling
4. Payment Option fee


thanks
mhairib

julie000_2

i jave requested a signed true copy of my mortgage agreement/contract but all they sent me was the mortgage offer, this is not the same is it?

what do i do now? as they cannot provide a contract/agreement

samantha2312

Does anyone have experience of kensington mortgages????
Is it worth a try?

weedenise

Samantha, our mortgage was with kensington around and we left them almost 3 years ago i do hope someone here has experience to share in reclaiming from them...;)

samantha2312

I hope so too! The amount they had over a couple of years is unbelievable.

powellmic5

samantha2312 wrote: »

I hope so too! The amount they had over a couple of years is unbelievable.

Yes im doing it, i wrote my letter last week to claim everything, the list is big. Got a letter yesterday and its a joke.

tifo

masmit wrote: »

The goverment had a enquiry about these arrears fee's.
They have found them to be unfair to the consumer & the lenders have used them for making profit out of peoples hardship.

Where can i find details about this govt enquiry?

I reclaimed arrears charges and the bank refused. I've now had a decision from the FOS who say the charges are fair (as they follow a market rate) and that it's because of my conduct (missing payments) that the bank had to charge me.

They haven't followed the rules and laws i referred them to (MCOB, common law on penalties and UTCCR) or asked the bank for a breakdown. They insist investigating such charges is not in their remit.

I've asked them to not refer to arrears charges as fair in the decision if its something not in their remit to investigate, otherwise i don't know how they made their decision without investigating it properly.

jackson2012

Hi, Does anyone know if I can claim back my mortgage arrears fees? Also looking for a template letter I can use, I have a list of all my charges from previous statements so no need to do SAR.

Any advice would be appreciated, Thanks

dunstonh

Hi, Does anyone know if I can claim back my mortgage arrears fees?

In general, the answer is no. The FSA did a review of arrears charges and only found issues with a few. These were mainly sub prime lenders and not your prime (high street) lenders.

Who is your lender and what reasons would you give for asking for a refund?