Northern Rock - (merged)

AliceBanned

Thanks for your help - I wasn't afraid to go ahead after reading this site. Yes that reply is so funny - to reply like that despite the fact that they have to hand back the money and they know it!!

Badats!

Hi there was just wondering if anyone had an sucess in claiming back mortgage charges from Northern Rock ? im deprate to do this as i had alot of late payment charges last year, replys appreciated ! cheers

ClaireF_3

I have just heard from the Court that NR have filed an acknowledgement. I hope the next step is for them to settle - fingers crossed!

littlekal

hi i am a new member but am needing some advise on trying to claim my charges back from northern rock.
I have been following the proceedures/method as advised by this site however i now appear to have run into a brick wall..
I am now at the stage where i will be taking this to county court however the Northern rock have written back with a whole load of legal jargon that i can make head nor tail of.
These are the points that that the bank have listed in thier latest letter..
1. the essence of a current account contract is the provision of current account services by provider to the current account holder.
2. In law, for a clause to be deemed a penalty clause, it has to opperate due to a breach of contract.
3. Charges on current accounts relate specifically to services provided, they are not default charges i.e they do not arise due to breach of contract.
4. the charges made by a cy=urrent account priovider for those services go directly to the adequacy of the bargain between the current account holder and the current account provider and, as such, are a core term of the contract.
5. Northern Rock PLC's current account charges are clearly and unambiguously stated at the outset and prior to the conclusion of the agreement between noorther rock plc and yourself.
The letter finally goes on to state " we are staified that the charges do not represent an unfair term under the unfair terms in the consumer contracts regulations 1999. Regulation 6 ( 2) sets out that they do not apply to core terms of the contract and nor do they apply to the adequacy of the bargain between the partys to a contract. The charges to the services provided under your current account go to the heart of the contract between northern rock plc and yourself and, in addition very clearly go to the adequacy of the bargain between it and you, for these reasons in accordance of regulation 6 (2) the regulations are not appilicable to those charges applied to your current account and those charges are not unfair terms...
where do i go from here and what answer do i send back as at a confused loss.
Any advise would be grateful

Chocmonster7

Personally I'd just carry on with the court action. They send out letters full of jargon like that in the hope that people will be frightened off from going to court and I'm sure it does put a lot of people off. The other thing to remember is that you are challenging the amount of the charge, not the fact that they charged it.

nicki342001

Hi. Northern Rock answered my demands for charges details, within the time limit given, then I got 2 or 3 waffly letter stating that i could not have any money back... Filled in Moneyclaim, they filed a defence (which panicked me) and then i got a cheque for the full claim £741 through the door the next day

HE HE HE HA HA HA GOOD EH

Chocmonster7

Congratulations Nicki that seems to be exactly what Northern Rock are doing with everyone.

bsr_2

Hi All,

I wrote to NR asking for charges/fees on my Mortgage account to be refunded. Got what looks like standard response with wording effectively saying that in my T&C's it clearly stated what the charges etc would be and why so they will not refund.

Looks like it will be an escalation to MCOL/court on this.

Any advice from battle harden vets out there?

Thank you.

AliceBanned

bsr wrote: »

Hi All,

I wrote to NR asking for charges/fees on my Mortgage account to be refunded. Got what looks like standard response with wording effectively saying that in my T&C's it clearly stated what the charges etc would be and why so they will not refund.

Looks like it will be an escalation to MCOL/court on this.

Any advice from battle harden vets out there?

Thank you.

they seem to have done this in every case - but worth taking it to MCOL and ignoring their responses - they paid up charges from my current account going back several years - didn't even close my account. All the time they insisted this was a courtesy and they did not agree the charges were unreasonable!! I would go ahead and ignore their comments. And don't let them worry you or put you off - they have tried this with everyone.

bsr_2

Thank you.

What I have done in the mean timeis to send off my £10 postal order requesting info on all charges etc... Further to my previous post, their letter stated that it would cost me £20 per monthly statement (£240 per year with them).

Guess the DPA information request costing £10 will do it. I belive I was charged somewhere in the region of £1500.

Will update site to help others in due couse once I hear from them...

Thank you once gain.