Claiming Loan And Mortgage Charges (merged)

bsr_2

Hi All

Regarding reclaining charges from CC or Mortgage companies, what happens if it has been passsed onto a Debt Collector? Can we claim from the original lender? Please help.

skintnminted

Hi can anyone help me with regards to claiming mortgage arrears charges? It was with First National at the time, who have been taken over by GE Money - my current mortgage provider.

In 2004 I was in arrears for approx. 9 months...I had agreed to repay the arrears at £100 a month on top of my mortgage payment. They charged me £25 a month for every month that I was in arrears until I got down to the last 3 months, as they said this was an acceptable time frame to be in a repayment plan.

Can I claim these charges back?
If GE money has taken over, should I approach them about it?
I have remortgaged since, I think I may be on a new account no. I'm not sure if I still have the First National ref no.'s, would that make any difference?

Any advice / ideas would be very much appreciated.

Thanks in advance.
S n M x

moofo

I am currently in the process of reclaiming unfair charges from 2 secured loans with the same company.
Are secured loans classed as mortgages rather than bank charges?
I am claiming £2550 from the 2 loans including court fee's and self litigation fees.
So far I have received an offer of £1200.
Should I accept this offer or continue with the process of going to court.
These charges are made up of £30 fee's for letters and 1 phone call.
Is there a chance my case won't be heard and should I grab the £1200 now ?

Jonni2bad

It's a loan, neither a mortgage nor a bank account.

Taking the money (or not) is only something that you can decide on.

We can only guess the reasoning you have used to reclaim these fees, but my guess is that you are basing it on the same principles of unfair and excessive charges... in which case it really will depend upon the loan company - how they respond to the claim, what particulars of claim you use, and if a court agrees with anything they say in response.

In other words, there's no "one answer fits all" to this.

moofo

Here is one of my claims.
The other is exactly the same but a different amount.

"The claimant has held a Loan account with
the defendant, conducted on their Standard
terms and conditions, The defendant has
applied charges to the claimant's
account,as of may 2007.
totalling £1320.00 on account referenced
********.The Loan Company's charges are a
disproportionate penalty and therefore
unenforceable. Penalty charges are
irrecoverable at common law. The precedent
for this was Dunlop Pneumatic v New Garage
[1915] AC 79.along with Murray v. Leisure
play [2005] EWCA Civ 963. The Defendants
charges are also contrary to the Unfair
Terms in Consumer Contracts Regulations
1999.Para.8 and sch.2(1)(e)) The claimant
has repeatedly asked ******Finance LTD to
refund their charges or offer proof that
they are true pre-estimate. They have
declined to do so. The claimant claims
£1320.00 being the sum unlawfully applied
to the afore mentioned account.
A self litigation fee of £230.00 is added to the claim."

jonnyl

Just to check, can the charges levied on an equity / lifetime mortgage be reclaimed as with bank account charges? When my dad died they had such an account with minimal costs but the way it was set up they missed nearly every month by a day or not even that with the transfer time, and halifax charged them for the privilege of sending a letter. just want to check before sending them a letter. Thanks in advance.

Jon L

dwjohnno81

does anyone know if it is possible to claim missed payment / late fees from a bank loan and if the answer is yes then if it affected by the oft case we are all waiting on

many thanks

IZZY01

Hi there,
I have looked and can't find the info anywhere. Please move to correct thread if needed. I have successfully claimed my bank charges and am wondering if I can claim the charges that were applied to my mortgage over the past 6 years. I had quite a few late payment charges added and charges also added for letters and phone calls. Also can anyone advise if these claims are included in the 'test case'.

debs81

as far as i'm aware charges on mortgage accounts are not affected. i sent letter to halifax claiming charges for letter/phone calls on mortgage two days before oft announcement. had a letter after a couple weeks after saying that they were investigating. thought they were just going to say they would be waiting for oft decision but I had a letter yesterday saying that they were going to pay up in full with interest too (although the interest they were willing to calculate was up to the date when the mortgage account closed not present day). anyway, although i haven't read any info specifically about mortgage accounts i would say they weren't involved simply because i couldn't imagine halifax willing to pay up when they could have supposedly applied for a stay at court. they didn't even put up a fight - it all seemed too easy so i dare say they would not want it to be questioned in court. there's no harm in trying anyway. what have you got to lose? which bank was the mortgage with?

magicmadam

Hi, my daughter took out a Barclay LOAN in January 05 for £5000.00. Insurance Premium was added to this of £1206.86 Total £6206.86.

She made regular repayments of £147.58 each month until Sept 06.
She then had personal problems and these payments were not met.

In Feb 07 the outstanding debt was £5215.80 and passed to recovery agency. An amount of £5237.20 was paid off (probably by her father, now deceased) to the agency.

My question is: Is she able to claim these interest charges (ranging between £60.00 - £80.00) on this LOAN account?

Any advice or guidance will be appreciated. Many thanks MM