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Reclaiming unjust mortgage charges

Hi, I need some help. I have spoken to the FCA with regard to the charges levied on my mortgage account over the years and they have advised me they they are unjust. They have sent me a link quoting their handbook to quote in court. However, I don't have a legal head on my shoulders and don't fully understand it all. I have called the law society who have given me solicitors tel nos but can't find one to translate this jargon for less than £50. Any advice would be very much appreciated!!

Comments

  • ACG
    ACG Posts: 24,690 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I dont think the FCA would tell you charges are unjust.

    If you have a complaint regarding charges there is a set procedure to follow:
    1) Complain to the company who levied the charges.
    If your not happy with their response, then;
    2) Complain to the Financial ombudsman.

    If you do not want to follow that, then you would need to go down the court route but complaining to the company and FO is cheaper.

    You do not need to understand any jargon (your not expected to), you write your letter of complaint explaining what you think is unfair and why.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Thanks for your reply. The FCA said when I explained my situation " We would deem these charges as unfair and against our code of conduct". Complained to the company over past couple of years, threatened court, sent letter before action etc etc, still no response!! All letters sent recorded and signed as received! Any advice??
  • ACG
    ACG Posts: 24,690 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Call the financial ombudsman and speak to them.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Eloise_G wrote: »
    Thanks for your reply. The FCA said when I explained my situation " We would deem these charges as unfair and against our code of conduct". Complained to the company over past couple of years, threatened court, sent letter before action etc etc, still no response!! All letters sent recorded and signed as received! Any advice??

    Who is your lender and what are the nature of the charges?
  • dunstonh
    dunstonh Posts: 120,009 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    They have sent me a link quoting their handbook to quote in court.

    That is very unusual as the FCA would normally encourage the free of charge complaints process and avoid commenting on court matters. Plus they try to avoid consumer issues.

    It should be noted that someone on the phone who has no access to any documentation and is getting one side of the story (and with respect, a one sided view as they have no right to reply). What fees are these?

    I would use the official complaints process first rather than court. If you disagree with the complaint response you then get access to the FOS. If you go to court first, the FOS cannot look at it. The FOS is free. Courts are not. Plus, FOS considers things the court does 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.
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