IS this allowed?

amartin1908

My partner wrote to his old mortgage company wanting to know what was paid to his old mortgage and when, by his ex wife. We know she missed payments and he incurred charges, but he wants details of what they were.

Mortgage company has stated he has to pay £10 per statement!!! Surely this is an unreasonable amount - he needs 2 years worth.

Please can someone advise if this is allowed, and if not, how we get around it

wackorash84

amartin1908 wrote: »

My partner wrote to his old mortgage company wanting to know what was paid to his old mortgage and when, by his ex wife. We know she missed payments and he incurred charges, but he wants details of what they were.

Mortgage company has stated he has to pay £10 per statement!!! Surely this is an unreasonable amount - he needs 2 years worth.

Please can someone advise if this is allowed, and if not, how we get around it

I'm afraid that's standard practice.

We just received our mortgage offer and it included a sheet listing all potential additional 'administration fee' during the term of the mortgage. This included copy of mortgage statement at £10 a pop!

holly_hobby

If he was party to the mortgage, it would be more advantageous and cheaper for him to submit a Subject Access Report - it costs £10 and will provide him with full details of all transactions and documents issued from inception to date of request. (if he was not party to the mortgage, he has no rights under the data protection act (DPA) to seek or be provided with such info).

Assuming he has legal interest, here is a template for him to copy, paste and personalise (hope this helps ... Holly x) :-


Dear Sirs

Re: Account number: xxxxxxxxxxxxxxx

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by XXXXX about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

Yours faithfully

kingstreet

amartin1908 wrote: »

My partner wrote to his old mortgage company wanting to know what was paid to his old mortgage and when, by his ex wife. We know she missed payments and he incurred charges, but he wants details of what they were.

Mortgage company has stated he has to pay £10 per statement!!! Surely this is an unreasonable amount - he needs 2 years worth.

Please can someone advise if this is allowed, and if not, how we get around it

£20 for two statements doesn't seem much. Mortgage statements are usually annual, not monthly, so we're not talking £10 a month here.

amartin1908

kingstreet wrote: »

£20 for two statements doesn't seem much. Mortgage statements are usually annual, not monthly, so we're not talking £10 a month here.

That is what I thought but there reply letter clearly states an amount of £240

kingstreet

amartin1908 wrote: »

That is what I thought but there reply letter clearly states an amount of £240

Which lender is this? Can your partner tell us if the lender produced monthly statements before, or were they annual?

amartin1908

kingstreet wrote: »

Which lender is this? Can your partner tell us if the lender produced monthly statements before, or were they annual?

I believe it was NOrthern Rock. He doesn't know the frequency of the statements as when they were married, she handled the finances and since they split he never got to see them.

However, when he found out that the lender had reduced their mortgage payments without his knowledge he requested statements there and then but they never sent them. He only found this out btw because she hadn't paid the mortgage for nearly 6 months despite getting the money from him

dunstonh

However, when he found out that the lender had reduced their mortgage payments without his knowledge he requested statements there and then but they never sent them.

Mortgage payments go up and down with interest rates. Typically, a letter telling the borrower of the change is sent out. Indeed, if you pay by direct debit, it is mandatory. If you pay by standing order, then only the account holder can change the amount. Not the lender.

Given he hasnt got the statements, it is possible he never got the other letters either.

amartin1908

dunstonh wrote: »

Mortgage payments go up and down with interest rates. Typically, a letter telling the borrower of the change is sent out. Indeed, if you pay by direct debit, it is mandatory. If you pay by standing order, then only the account holder can change the amount. Not the lender.

Given he hasnt got the statements, it is possible he never got the other letters either.

The lender reduced the mortgage payments for a period of 6 months on his ex wifes request because she apparently couldn;t afford the mortgage, but they never made him aware of this, until it got to the point where she had defaulted for 6 months

kingstreet

Not sure, so I'm assuming the mortgage is still in existence?

Unless asked otherwise NR and NRAM send two copies of each statement to the address the mortgage applies to. Your partner needs to inform them he hasn't been receiving them because his ex has not passed them on.

He should ask them to ensure copies of all correspondence are sent to his address and as a goodwill gesture if they could supply back correspondence since they split.

Not certain but aren't NR/NRAM statements issued quarterly?

rising_from_the_ashes

I'm with NR and get quarterly statements so it should be a max of 6 = £60