Claiming Loan And Mortgage Charges (merged)

DavidLincs_2

I wrote to Northern Rock for old statements about a month ago. Got a letter today saying that the £215 in default charges over the 2 years of the loan only apply to current accounts and not to mortgage accounts and that all charges were applied lawfully. They also enclosed a declaration to sign saying that their version of events is accepted as full and final settlement.

Sounds like they are trying to shut me up. First they didn't send me the detail of the charges. I have heard that people are losing cases against mortgage companies (in particular if going for early resettlement charges) but what about the arrears charges.

Can anyone advise?

David Lincs

savemymoneymate

thanks for that twinkly
when you say repercussions, like what sort of thing do you think the halifax can do

thanks again simon

savemymoneymate

hicko397 wrote: »

Need any help possible please. cut a big long story short my sister had a stroke 6 years ago, got behind through no payment protection and over last 6 years have had thousands of charges when missed mortgage date. got the arrears recently put back into the mortgage and was curious if she had any chance of getting any of the charges back, still with halifax but she doesnt want to take risk of losing her home and wasnt going to try to get charges back if it meant halifax could somehow cause her problems. not a bank account its just a mortage account. thanks very much sorry its long winded

i have a simuler problem how did you get on with this or have you not

thanks simon

regularsaver1

I think the problem is - is that you are still fully liable

savemymoneymate

yer i fully understand that but can i claim all the £35.00 charges back

thanks simon

toby1891

I have searched all over but cannot find an answer!!!!!
I understand reclaiming overcharges on exit fees but my question is simple-

If I can reclaim from a bank excessive charges for failed direct debits can I therefore also reclaim from the mortgage company who also charged £30 for every failed direct debit?

In essence bank charges £30 for failed d/d which is illegal then mortgage company charges same £30 fee for the same failed d/d?????

The Bank of Ireland statement states " Unpaid Direct Debit Charge" £30

This is in addition to an arrears administration fee of £25 plus various arrears interest charges.

Can anyboby help??????

lorna.cannon

Can I reclaim mortgage late payment charges in the same way as bank late payment charges? Currently repaying arrears at £60 per month and being charged £54.00 for doing so.

Twinkly

lorna.cannon wrote: »

Can I reclaim mortgage late payment charges in the same way as bank late payment charges? Currently repaying arrears at £60 per month and being charged £54.00 for doing so.

You can reclaim late payment charges yes. I would be wary that this would tip the bank into repossessing your property but as long as you had been making payments on this arrangement I doubt any court would grant a repossession order. It would clearly be retaliatory for reclaiming charge. Please get some more advice on this I would be wary of doing anything to a mortgage account if you do not have other options in place.

Having said that, you cannot hope to pay off the mortgage with charges like this and, barring reclaiming charges right now through a court, at the very least I would subject it to some investigation by the FO. Best of luck

Tanya_W

Ive added up my charges from Gmac and have £2360. Luckily we are completing on a new mortgage next week so as soon as I'm rid I'm going to try and reclaim. Although I think im going to go via the FO as I have read that some mortgages put a clause saying that you have to pay their court costs. I would definatley seek some more advice as Twinkly has said below.
Tanya xxxxx

Twinkly

Tanya_W wrote: »

Ive added up my charges from Gmac and have £2360. Luckily we are completing on a new mortgage next week so as soon as I'm rid I'm going to try and reclaim. Although I think im going to go via the FO as I have read that some mortgages put a clause saying that you have to pay their court costs. I would definatley seek some more advice as Twinkly has said below.
Tanya xxxxx

If you go the small claims court route and win you dont pay their court costs. You would be reclaiming on the same principle as bank charges in that the costs of charges must reflect the actual cost to the bank or they are unlawful penalties. It is highly unlikely that you would lose the claim and they are liable for your costs. It is your choice though and good luck