Arrears letter charges.

cazziej

Hello, sorry if this has been answered elsewhere, but I cannot find anything.

I have realised that each time the Halifax wrote to me about my mortgage account being in arrears, they have charged me £40 for the privilege!!!

Is it possible to claim these charges back? If it is, how do I go about it, as obviously there won't be any monthly statements so what exactly do I ask for?

Has anybody else successfully claimed letter charges back from Halifax, is the procedure the same as with bank charges?

Any advice appreciated.

Thanks

Carol

natweststaffmember

THe answer is yes as they are penalty charges, procedure is the same

cazziej

natweststaffmember wrote: »

THe answer is yes as they are penalty charges, procedure is the same

Thank you for replying. What do I ask for in the way of statements, given that I wouldn't have had one every month?

Thanks, Carol

sharon_currie

Hi there you can claim them all back I can assure you that these charges are unfair. do you have the letters to send to request your bank charges back if not send me an e-mail and i will forward them to you these are very straight forward letters for you to fill in. you can also get all the help from these great people at this website https://www.penaltycharges.co.uk also once you have received all your bank statements from all your accounts tally them all up with the charges calculator then post them of but the halifax being the halifax will knock you back so you go to these people https://www.financial-ombudsman.org.uk and they will fight your case and get your unfair charges back instead of filling in all the court papers. You have to fill in a form to the ombudsman with all relevent details and send all your letters to the halifax and to ombudsman recorded delivery that way you have proof you sent them a letter

Good luck with your claim against !!!!!! turpins henchmen

Wullie

Kay_Bee_2

My mortgage company are - defending saying the charges are 'Fee' for services and so do not fall for assessment for unfairness under the 1999 regulations by virtue of regulation 6, as any assessment would relate to definition of the main subject of the contract and/or to the adequacy of the price or remuneration, as against the goods or servies suuplied. thier word not mine! can anyone make head nor tail of this because i can't
Kay Bee

Tootsie_Roll

natweststaffmember wrote: »

THe answer is yes as they are penalty charges, procedure is the same

Sorry to disagree but in this case I think the answer is only 'possibly'. Yes they are still penalty charges but it is whether they are 'unfair' that is key. A mortgage account going into arrears requires a lot more involvement than a simple bounced DD so it is much easier to justify the costs on this one.

Kay_Bee_2

Yes I know what you mean and i have asked them to justify the charges be they will not - they send me standard letters not really saying anything - however I think i can ask the court to request the information on the allocation questionnaire?

kgeoghegan

Well by what I've read, penalty charges are unfair by definition - if the charge is a penalty charge, then it is unfair. Full stop. Of course it is going to involve the bank/mortgage company in a little extra work. That's just part of business, isn't it? I'm sure they allow for those costs when they structure their rates. Charging customers for failing to meet their obligations is unlawful.

inmypocketnottheirs

kgeoghegan wrote: »

Charging customers for failing to meet their obligations is unlawful.

Not quite. All that is allowed to be charged is the actual cost of the breach. If a charge exceeds the cost of the breach, it is then by definition punitive. Punitive fines are not upheld in court for breach of contract.

casanicole

Hi has anyone dealt with nationwide regarding bank charges- i have sent 1st letter, which i had a letter back stating fees set out when opened account and that these charges wouldnt be refunded, i have sent 2nd letter- to pay or i will take to court which was 3weeks ago have not heard anything.

inmypocketnottheirs

casanicole wrote: »

Hi has anyone dealt with nationwide regarding bank charges- i have sent 1st letter, which i had a letter back stating fees set out when opened account and that these charges wouldnt be refunded, i have sent 2nd letter- to pay or i will take to court which was 3weeks ago have not heard anything.

Yes. I have had about £250 refunded from Nationwide. Stand by your guns, stick to the time scale you have given and take it from there.