Repossesion and bank charges

nickfarrar

I am in the process of taking Abbey to Court to reclaim bank charges, also I have to go to court soon to try to stop Abbey repossesing our house. Can I issue a counter claim against Abbey for the bank charges?
The arrears will be paid by the time I go to court, and the amount i am reclaiming is £5400

nickfarrar

bump for one more try for an answer

MortgageMamma

Hang on a minute

you are taking them to court for daring to charge you for breakign your account terms and conditions and reclaiming this money

and

they are also reposessing your house because you have not paid your mortgage?

I'm not sure where the law lies but if both those things were viewed together it would not paint a pretty picture of you

stop fannying around trying to claim back what isnt yours and work out a way to repay your mortgage arrears - obviously I dont know the circumstances surrounding them but I'm sure there is a solution somewhere, I don't think robbing Abbey to pay Santander is going to work for you in this instance

silvercar

I read it as you are reclaiming, potentially illegal, bank charges. If you hadn't had to pay these charges you wouldn't have fallen behind with your mortgage. So you want to use your reclaiming bank charges case as a counter claim to the repossession charge.

I don't think that is unreasonable. Whether it is a counter claim or an explaination of the the arrears I don't know.

nickfarrar

silvercar wrote: »

I read it as you are reclaiming, potentially illegal, bank charges. If you hadn't had to pay these charges you wouldn't have fallen behind with your mortgage. So you want to use your reclaiming bank charges case as a counter claim to the repossession charge.

I don't think that is unreasonable. Whether it is a counter claim or an explaination of the the arrears I don't know.

Thankyou that is exactly the point I was trying to make

Nick

dwsjarcmcd

As I read it, you are already taking the Abbey to court to reclaim the bank charges, so how is this a counter claim? Would it not be a double claim?

My thought process would be to seperate these issues out, and not put at risk your house and have the expense and inconvenience of going to court over the repossession.

Settle your arrears, which you have said you can do, get that out of the way, then pursue your claim to refund bank charges.

absolutebounder

Take a good lawyer Im sure the abbey will.

spurs_nut

You wont get any constructive comments form bigmamma and absoultebender i'm afraid.

Kerstin_2

MortgageMamma wrote: »

Hang on a minute

you are taking them to court for daring to charge you for breakign your account terms and conditions and reclaiming this money

and

they are also reposessing your house because you have not paid your mortgage?

I'm not sure where the law lies but if both those things were viewed together it would not paint a pretty picture of you

stop fannying around trying to claim back what isnt yours and work out a way to repay your mortgage arrears - obviously I dont know the circumstances surrounding them but I'm sure there is a solution somewhere, I don't think robbing Abbey to pay Santander is going to work for you in this instance

So, if I understand you correctly, it is ok to be charged over the odds. Yes, I agree that if you can't handle your account you should get charged but not at the amount the banks do.

Kerstin

MortgageMamma

Kerstin wrote: »

So, if I understand you correctly, it is ok to be charged over the odds. Yes, I agree that if you can't handle your account you should get charged but not at the amount the banks do.

Kerstin

You sign a contract with your bank when you open your account stating what these charges are. You get advance notice when you have incurred the penalties about when they wil be deducted and what they are deducted for and how much. What is unfair about that? If you dont handle your finances or account properly then the banks are quite right to make money out of you.

Generally I do not support people ripping the banks off. What is fair about business? Are businesses now meant to consider that they are being fair when pitching their products. I think the price of D&G jeans is unfair, can I claim compensation for the last pair I bought that I paid £260 for?

Businesses are in business to make money, its the law of supply and demand, if someone will pay a certain price for something then thats what they will be charged.

The only exception to this rule in my opinion are those that are incurring bank charges through GENUINE HARDSHIP, i.e. redundancy, death of a bread winner or illness in the family etc etc. What really P-sses me off are those people who have just been purely negligent over the last six years who are fleecing the banks and paying for this years holiday with the proceeds.:mad:

Mr_helpful

spurs_nut wrote: »

You wont get any constructive comments form bigmamma and absoultebender i'm afraid.

Your contribution isnt much is it?

If banks didnt charge over the odds for breach of contract there would be no punishment and so people would just give up paying when the going got a little tough. Only charging what it actually cost the bank is rewarding the people who breach their contracts. I cant see why the banks have to charge what it cost's them. Spurs nut does your bread cost the punter the same as it costs for you to make? You are just ripping off the poor who cant afford your profit. You charge as much as you can get for it. If people didnt make profits think where we would be then.