Miscalculated Mortgage Payments Claim

Tunny68

Can anyone advise. I took up an advert from a Mortgage Audit Company offering to check if I had overpaid on a previous Mortgage. I don't usually do these things but for some reason did! They advised that I did have a claim and that my case had been passed to a Solicitor to pursue further with the Mortgage Company and it could take up to two years. The Solicitors wrote to me and also advised I had to take up ATE Insurance which they did on my behalf to cover me and them for any counter claim.

A year down the line I have heard from the SRA that the Solicitors have been closed down by the SRA in an Intervention. I have been given access to my files, which to be honest don't make good reading. The claim put forward was for a lot of money but no workings put with it as to how the figures had been reached and the Mortgage Company pointed this out.

I have been told to find another Solicitor to take on the files but i'm struggling to find a No Win No Fee Solictor who would do this. I have asked for my files from the Mortgage Audit Company which show the workings. Would I be able to handle this myself with the Mortgage Company do you think? I have no money to fund this case and part of me thinks I should just forget it, its caused me a lot of stress in the last two weeks, especially when the now closed down Solictors wrote to me to say I owed them £4k if I walked away from the case, which I know is no longer valid as they have been shut down. My only thoughts are that I may be entitled to a far sum of money if I can find my way through this.

Any advise would be much appreciated.

Best wishes.

Southend1

What makes you think you have overpaid?


Are you able to produce any evidence you have overpaid?

[Deleted User]

If you have a mis selling complaint, simply make it yourself.

It's very unlikely there is anything wrong with your mortgage, as the claims companies just want to sign people up and get some advance fees, but if you have a valid complaint, make it yourself.

Tunny68

I took “allowed” payment holidays and they think it was then recalculated wrong.

Tunny68

No sadly not. I have no figures myself

[Deleted User]

Then just submit your complaint, telling them you believe they calculated the payment holiday wrongly and why.

I very much doubt they have though. It sounds like the claims company simply looked for something that would sound plausible to you.

sal_III

Tunny68 wrote: »

The Solicitors wrote to me and also advised I had to take up ATE Insurance which they did on my behalf to cover me and them for any counter claim.

I suspect that was their main goal, to sell you insurance, that you wouldn't have needed if it wasn't for them making you believe you have a claim.

ACG

I could be wrong but the reason they have closed down is because Claims Management companies are now being regulated by the FCA (thank god). The FCA actually have some clout against these companies.

I am surprised they said you were eligible to make a claim (sarcasm), they will tell everyone they are eligible and they will fill out some duff paperwork and charge you a fee (in this case the insurance policy by the sounds of it).

The reason you can not find a company is most likely because:
1) There is no claim to be made I am guessing.
2) Any payout will be small - and who is to say they have not undercharged you?
3) These claims companies are struggling to get away with what they used to now they are having to operate under the FCA.

If you believe you have been overcharged, write to the lender and ask them give a detailed calculation. But in this instance, I think you are out of pocket but I cant say that is much more than people deserve when making a complaint thinking they will get free money.

Thrugelmir

Tunny68 wrote: »

The claim put forward was for a lot of money but no workings put with it as to how the figures had been reached and the Mortgage Company pointed this out.

Suspect that this is the bottom line. There is no basis for a complaint. Hence the fictious fairytale claim.