Claiming Loan And Mortgage Charges (merged)

deal_hunter_4

Hi,

I followed Martins template letters , but on both ocassions have been refused point blank for any repayments of admin arrears (over a £1,000) charged to my mortgage account even after threatening to go to court.
The bank said they "would be happy to defend the case should it be referred to the FOS or go to court".

What should I do now, which route should I take FOS or court and is it worth pursuing it?

Any advice will be much appreciated.

roslin_2

know how you feel, my son has been trying to get repayments for over a year! his is currently with the ombudsman who is waiting for court case to give verdict!

natweststaffmember

it is worth putting all of this down and write to Capital Bank and state that you want a final response before possibly taking it to the Financial Ombudsman Service. To me it looks like maladministration of your account.

pinksparkle82

Thanks. I am so angry with myself because I should've confirmed everything in writing. I have written to them now because I have nothing to lose now really.

circles11

I am 98% sure that it is the same principle as bank charges. However, I don't know if loans charges are on hold because of the OFT test case.

Andy_L

Although they might then be able to demand the loan be repaid immediately.

mt284

Hello all, does anyone know, can I attempt to claim back arrears fees with repect of my mortgage?

borgbaiter

hi

i see it no diferent to penalty charges on bank accounts. however im not aware of anyone being successful as yet.

im claiming but they have their heals dug in and court looks very likely.

currently on hold (till end of this month) to allow negotiations which arnt as yet leading to any resolution.



Borgbaiter

mt284

OK thanks, will give it a try!!

PaulW922

I have complained to the FOS about mortgage arrears fee imposed by G E Money. I know they have to cover their costs but goodness these are high! When the OFT published it's findings about credit card fees a couple of years ago it said it saw no reason why the principal should not apply to bank accounts and mortgages too. The only thing to bear in mind is that the Consumer Credit Regulations only apply to loans up to £25k. Your mortgage is probably more than that. You therefore cannot quote the unfair terms regulations and will have to rely on the judicial rulings, and the FSA guidline son charges.