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mortgage fees

can mortgages fees be claimed back
been charged many times due to financial hardship
and the fees just make things worse and worse
then add more fees and keeps going on

its one of those sub-prime lenders capstone (now called something different)

can I ask for refund and if don't get anything can I apply to the FOS, am too ill to go through any court proceedings
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Comments

  • dunstonh
    dunstonh Posts: 120,187 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    can mortgages fees be claimed back

    There has been very limited success on this.
    been charged many times due to financial hardship

    No you haven't. You would have been charged because you didnt pay the monthly mortgage payment.
    can I ask for refund and if don't get anything can I apply to the FOS, am too ill to go through any court proceedings

    Those that have gone through court have mostly lost and suffered court fees. The FSA did a review of mortgage charges a few years ago and found no widespread issues and considered the charges fair. However, they did find some lenders were charging but not doing the work related to the charge. They took action against a small number of sub prime lenders. So, you need to find out what they say they do for the charge and if they are doing it or not.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • brown1950
    brown1950 Posts: 264 Forumite
    age9000 wrote: »
    can mortgages fees be claimed back
    been charged many times due to financial hardship
    and the fees just make things worse and worse
    then add more fees and keeps going on

    its one of those sub-prime lenders capstone (now called something different)

    can I ask for refund and if don't get anything can I apply to the FOS, am too ill to go through any court proceedings

    Yes you can claim these fees back from your Building Society/Bank

    These charges are unfair under UTCCR . Many people have reclaimed fee's along with 24.90% restitutionary damages. See FSA decisions on Redtones & Deutschebank.
  • brown1950
    brown1950 Posts: 264 Forumite
    dunstonh wrote: »
    There has been very limited success on this.



    No you haven't. You would have been charged because you didnt pay the monthly mortgage payment.



    Those that have gone through court have mostly lost and suffered court fees. The FSA did a review of mortgage charges a few years ago and found no widespread issues and considered the charges fair. However, they did find some lenders were charging but not doing the work related to the charge. They took action against a small number of sub prime lenders. So, you need to find out what they say they do for the charge and if they are doing it or not.

    Sorry have to disagree with what you say. Majority of lenders settle claims before going to Court and paying Restitutionary damages of 24.9%
  • dunstonh
    dunstonh Posts: 120,187 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    These charges are unfair under UTCCR .

    Evidence?
    Sorry have to disagree with what you say. Majority of lenders settle claims before going to Court and paying Restitutionary damages of 24.9%

    Yet we see very little of that here from posters that have tried and those that follow up on their posts have found the prime lenders willing to go to court and have lost.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • brown1950
    brown1950 Posts: 264 Forumite
    dunstonh wrote: »
    Evidence?


    Yet we see very little of that here from posters that have tried and those that follow up on their posts have found the prime lenders willing to go to court and have lost.

    Would be very interested to know which lenders have allowed actions to proceed to Court ? The fee's levied by lenders for people in arrears
    cannot be justified hence majority of lenders settle prior to going to Court.
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    age9000 wrote: »
    can I ask for refund and if don't get anything can I apply to the FOS, am too ill to go through any court proceedings
    remember they are allow to charge arrears fee's etc.
  • _Andy_
    _Andy_ Posts: 11,150 Forumite
    "Yes you can claim these fees back from your Building Society/Bank"

    erm, how does that help the OP who is talking about their mortgage lender?
  • brown1950
    brown1950 Posts: 264 Forumite
    _Andy_ wrote: »
    "Yes you can claim these fees back from your Building Society/Bank"

    erm, how does that help the OP who is talking about their mortgage lender?

    Mortgage lender / Bank/ Building Society = MORTGAGE = reclaim
    arrears fees.

    Lot's of people are asking for the return of Admin fees / Arrears Fee's
    and usually get the money plus interest after issuing court proceedings.
  • brown1950
    brown1950 Posts: 264 Forumite
    roonaldo wrote: »
    remember they are allow to charge arrears fee's etc.

    Only in their own greedy world are they allowed to charge arrears fee's- but are they legal ??? Check what the FSA did with certain mortgage lenders regarding the arrears fee's.
  • brown1950
    brown1950 Posts: 264 Forumite
    dunstonh wrote: »
    There has been very limited success on this.



    No you haven't. You would have been charged because you didnt pay the monthly mortgage payment.



    Those that have gone through court have mostly lost and suffered court fees. The FSA did a review of mortgage charges a few years ago and found no widespread issues and considered the charges fair. However, they did find some lenders were charging but not doing the work related to the charge. They took action against a small number of sub prime lenders. So, you need to find out what they say they do for the charge and if they are doing it or not.

    ''Those that have gone through court have mostly lost and suffered court fee's''

    Well everybody has to pay court fee's unless your are on certain benefits. Again have to disagree regarding claimants losing in court.
    I don't know of one mortgage lender who has defended their charges in Court and WON. Perhaps you can give me an example to look at ?
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