WendyB - v - Lloyds TSB Mortgage

[WendyB]

Re: WendyB - v - Lloyds TSB Mortgage

Right then, have put this off for long enough. I am going to phone them and specifically tell them what I want, and back it up with a letter if needs be. I have the number for the "Customer Service Recovery, DSARs" so might as well give it a go. I have the feeling that I am on a hiding to nothing here, as the stuff I need was TSB, before C and G took over the mortgages, but will give it a go anyway.

[WendyB]

Re: WendyB - v - Lloyds TSB Mortgage

Spoke to lovely girl at Customer Services, as above. She says her colleague at C&G says TSB Scunthorpe don't have any more info. She's not sure if I would need to send a separate request to Sechiari Clarke and Mitchell of if they come under the same Data Officer. She gave me her email address and I was thinking of sending the following. What does anyone think?

Thank you for your letter of 22.05.09, the contents of which are noted. Following our telecom today, I write in confirmation of the following

I note that there are no mortgage statements prior to 1999, when an arrears figure was brought forward from the previous year. I understand that you have spoken to a colleague in C & G who states that no further information is held. However the records would be under TSB Mortgages, rather than C & G.
I require specifically, information as to the make up of this arrears figure, including not only arrears amounts, but also any charges which were applied to the account. We were taken to court in regards to this arrears, which resulted in a suspended possession order. There was a considerable amount of correspondence during this period from both TSB and Sechiari Clarke and Mitchell. These letters, I believe, were charged at £17.50 per letter, and in some cases more.. As the information pertaining to the original mortgage is held, going back much further than 1999, I find it difficult to understand why there is no information on file relating to the subsequent court case and related correspondence.

Could you please confirm the retention policy with regards to retention of data for mortgage accounts, as it is my understanding that these should be kept for at least 12 years, bearing in mind that the limitation on reclaiming charges on mortgages is 12 years, rather than 6.

I understand that you may have to forward this email to the relevant department for investigation. I would be grateful if you would acknowledge and inform me of which department that may be. Replies regarding this request may be sent by post or to my email address which is xxxxxxxx

[Amethyst]

Re: WendyB - v - Lloyds TSB Mortgage

sounds fine to me, polite and asks for what you want to know without being over heavy.

[WendyB]

Re: WendyB - v - Lloyds TSB Mortgage

Thanks. I know it will alert them to why I want the details, ie claiming back charges, but I thought, hey ho, I'm getting knowhere fast so why not give it a go. They'll probably shred them now lol, if they haven't already.
I wonder, would there be any merit, if they don't come up with anything, in putting in a claim for "estimated" charges etc? Based on some spurious figure that I make up, and seeing if they then negotiate it down to a real figure? Will see what happens with this first though.

[WendyB]

Re: WendyB - v - Lloyds TSB Mortgage

Have had an email back from Caroline, acknowledging my email and confirming that she has passed it on to the correct department who will reply to me direct. That's quite efficient of her isn't it.

[WendyB]

Re: WendyB - v - Lloyds TSB Mortgage

Okay then. Have had a letter back from LTSB, which says they've had an extensive (or was it exhaustive) search, and they definitley have not got any records prior to 1999. They say they only keep records for 7 years so basically, tough luck.

Any suggestions? Or have I just got to resign myself to kissing all those charges goodbye?

I am really peeved that I am allowed to go back 12 years, but actually can't, because I have no way of proving the charges.

[Sapphire]

Re: WendyB - v - Lloyds TSB Mortgage

Sorry to hear that hun, apart from getting a crystal ball I can't think of anything else.

[Guest]

Re: WendyB - v - Lloyds TSB Mortgage

You could always estimate the charges, but they must have some basis in reality. Is it possible that you have records yourself, such as old statements?

[WendyB]

Re: WendyB - v - Lloyds TSB Mortgage

I wish I had, Cet, but I don't. I chucked them away about 12 months ago, before I realised that I could go back 12 years. Bugger bugger bugger I could kick myself. I know that the arrears was over 2k, and I can remember we paid it off less than 2 years even though the judge had given us 3 years to clear it. I have statements back to 1999, and the brought forward figure, soI should be able to workout how much extra we were paying, then work back to the actual arrears figure. If I can work out how many months it was then I can rustle up an estimation.

Something along the lines of
8 months, at least 1 letter per month at £35 = 275
at least 1 phone call per month at 35 = 275
Total 550.

tbh I think that the charges were actually 17.50 but if I go in at 35 they can come back to me and negotiate.

Am also going to dig round to see if I can come up with anything legal which states how long they should keep mortgage details for.

[WendyB]

Re: WendyB - v - Lloyds TSB Mortgage

Okay, getting a bit bored now so have decided to go with the guesstimation, work backwards to get to an original arrears figure, calculate how many months that was for, multiply that by 2 letters a month, chuck in some extra for good measure, then send them a letter along similar lines to th one I sent to MBNA.

But as I've waitedthis long, it can wait till Strictly has finished..........

Will be back later with the result of my extrapolations:beagle: