imdemnity clause on arrears charges

tails

i am in process of claiming arrears charges back from old mortgage company for around £1100 (£50 a month arrears charge)just waiting for date in court .cant find the clause in my contract but how do i make sure for certain their isnt a clause as it could be worded different and i dont want to come unstuck and have to pay court costs . any help would be grateful

dunstonh

I can understand why you are cautious. There is very little success in claiming these charges back and quite a lot of people who have tried in court have lost and had to pay costs.

The mortgage companies packaging of these charges has largely been compliant with the law. Yet some people seem to believe that they are not because they look at overdraft charges as an example. Problem is that overdraft charges were packaged differently and looks like they did not comply with the law. The banks have responded by packaging overdraft charges differently (a bit like arrears charges) and these appear to be lawful.

Here is a copy and paste of someone who tried what you did:

I lost in court very recently on two technicalities.
The mortgage company defended the case very heavily.I represented myself and took a battering.
If you're looking to reclaim mortgage arrears fees,don't bother unless you can afford a lawyer in court.
Im not bothering anymore.I had some other bank charges to reclaim but at the end of the day the legal system and financial institutions will win.
I wasted an entire day not to mention court fees etc,time preparing,and i had to pay their costs too.
Im out of pocket and am not motivated to challenge anything or anybody anymore.I paid a hefty premium on the mortgage at the time,huge interest payments then fell behind with payments and was globbered even harder with charges.
Who cares about the 'test case',its all weighed in the favour of the banks and governments.

I wish everyone on this site all the very best.my advice would be that just accept youve been turned over by the banks etc,quit while you're behind,its not worth the effort or stress,hassle and money in persuing in court.

Ive lost all my enthusiam,energy,motivation and fight to even get up in the morning and 'try'.But hey,im on my own,live and work alone so i don't care anymore.

All the very best to everyone on here and thanks to everyone,goodbye and God bless.:T

So, you are running a big risk by taking this action. Your question on the clause is probably best answered by a solicitor.

tails

cheers dunstonh ,i am a bit wary and will try to see a solicitor ,i have successfully got back thousands for credit cards but i had a feeling mortgage accounts could be different ,bo****ks really but there you go with the banking system.their defence basically says they dont agree with me and thats it ,a bit vague i think not long winded like other banks etc.