Mortgage arrears fees , debt councillor fees can I reclaim them?

moofo

Hi once again.
I split up from my wife in 2011.
Initially she asked to keep the property I purchased yet had both our names on the mortgage.
At the time I was prepared to give up the house and start again.
However unknown to me after 6-8 months she had not paid the mortgage and ran up arrears of around £4000.00 .
Along with more money from utitlity bills which she did not pay.
I took over the house from her and she has since moved to an unknown address ( in yorkshire) and has taken a Job promotion working in London.
Anyway as things stand I think I am unlikely to get any money back from her.
Dont even know where to serve divorce papers to!
No doubt once the house is back out of negative equity she will try rip me off for half but thats something else to look forward to in the future.....:mad:
I have now repaid all the arrears and basically lived off nothing for the last 3-4 months.

I have made a SAR request and so far the amount Ive got to in arrears fees applied plus debt councillor fee (for someone who never came) plus solicitor fees... is well over £2000.00 .

This has all now been applied to my account and as far as I can see has not been paid (not sure on this) but just added to the mortgage amount which obviously is now being charged interest on for the remainder of the mortgage increasing monthly payments.

Can somebody please please help me to figure out if i can have these monies refunded in cash if they have been paid or have the charges removed if added to the outstanding amount and being charged interest on.

I simply cannot afford to keep being ripped off and have no life apart from paying unfair charges and bills.

Thanks in advance for any help.
Desperate!

moofo

So nobody can advise whether its possible to reclaim excessive arrears fees on a mortgage?
Or tell me if its fair to add over £2000 to a mortgage in fees to be paid interest on for the remaining 20 years of the contract?

dunstonh

There has been very little success of people complaining and getting their charges refunded. The FSA did a review a few years back and found a few issues with certain sub prime lenders but found no issues with prime lenders.

Or tell me if its fair to add over £2000 to a mortgage in fees to be paid interest on for the remaining 20 years of the contract?

It hasnt been proven to be unfair and that is your problem. It is fair until a court or regulator says otherwise. The regulator hasnt said they are unfair and most lenders have been able to justify them to the regulator. Some have tried court. Some have won but most have lost and ended up with costs. We have seen posts from people on here who have been in that position to verify it.

moofo

I have had better advice on another forum and their arguments and winning their cases much better than the advice given here so far.
I am quite willing to go to court and fight these cowboys.
Any judge who is willing to say it is fair to fleece somebody already in financial difficulty to then apply more misery by adding £2-£3 grand extra in 6 months on top then charge interest on top then fair play I will admit defeat.
Thanks for your replies and hope people like Roonaldo are not the norm here whose posts you have deleted.
This site used to be a worthwhile mine of information and help.
From reading through some recent threads I can see that standards have certainly slipped.
Fare thee well.

Angry_Cat

moofo wrote: »

I have had better advice on another forum and their arguments and winning their cases much better than the advice given here so far.

At a guess, your talking about a certain site that considers BCOB to be akin to the second coming. Even though it would appear they have not bothered to read them and simply refer everyone to them...

If you want somene to tell you the sky is orange when it is in fact blue.. You should stick to that other site... If you want someone to tell you the sky is blue when it is blue you should listen more to people such as dunstonh

Whilst it is true that some people are getting these fees refunded, they are only being refunded in one scenario - being that a repayment plan was in place and being kept to whilst these fees were being applied to the account.

If this is the case then you may very well get a partial or even a full refund. However, if a plan was not in place and being kept too, it is very unlikely you will get a refund.

moofo

Ive just had an initial offer of slightly more than £800 as a refund by making a phone call and quoting some of their advice on the other forum.
So I guess the sky is in fact blue.
Have a good weekend!

moofo

Regardless of whether I had a repayment plan is irrelevant also.
Fact is I cleared all my arrears without one.
Doesn't make the charges any less unfair.
Unlike a lot of people who don't pay their bills and then moan and whinge when they get penalised , I was left in my position by a dishonest ex partner.
Anyway the advice here was nothing like as good as the other forum.
Hence the offer of a refund already by simply quoting their advice in a 5 minute phone call.
Proof enough I think.

roonaldo

moofo wrote: »

I have had better advice on another forum and their arguments and winning their cases much better than the advice given here so far.

LOL, that website you are surely referring to is known for giving dud advice, just as long as its anti bank.

Thanks for your replies and hope people like Roonaldo are not the norm here whose posts you have deleted.

ha ha ha ha.

Angry_Cat

moofo wrote: »

Ive just had an initial offer of slightly more than £800 as a refund by making a phone call and quoting some of their advice on the other forum.
So I guess the sky is in fact blue.
Have a good weekend!

Strange that you are successful in the space on one day yet on that other site there are countless threads about people that have not been successful, maybe you should go back to that site and share with them how it was that you were successful

Angry_Cat

moofo wrote: »

Regardless of whether I had a repayment plan is irrelevant

Not really, as it relates to the FSA rules. That would be the Financial Services Authority that regulates first charge mortgage lenders.

However, I wouldn't let a little thing like facts, spoil your day dream

dunstonh

What a turnaround. A refund quicker than the post.