Reclaim excessive mortgage arrears fees, borrowers urged

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  • dunstonh
    dunstonh Posts: 116,371 Forumite
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    hughmungus wrote: »
    In the process of trying to claim back fees of a similar nature. I know this is an old thread but did it conclude for or against the claimant ?

    The regulator looked into it and found no widespread issues. Nothing on the prime side (high street lenders) but a few issues on the sub-prime side and told those ones to look into it.

    It basically died a death after that as most people use prime lenders.
    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.
  • MarkLawrence
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    I have just setup a campaign group mortgagefeesjustice.wordpress.com. These sub-prime mortgage companies are still charging excessive non cost fees 10 years after they were told not too and should be paying their customers back with interest. The FCA should start doing their job and start regulating. One again it is the poorest in society on sub-prime mortgages who suffer.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 2 March 2020 at 2:48PM
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    I have just setup a campaign group  These sub-prime mortgage companies are still charging excessive non cost fees 10 years after they were told not too and should be paying their customers back with interest. 
    Well, good luck with that. 
    How did you get on with the Ombudsman over the £3000 in fees you owed? 
    "Most of them  £40 arrears admin fees"? 

    So effectively six years worth of missed payments? 
  • MarkLawrence
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    I am still waiting for Financial Ombudsman to even assign a case handler after 4 months.
    £45 arrears fees, £25 for direct debit & cheque bounces. So some months were £95. Fees for repossesion & visits.
    Contacted the FCA with FOI request and my local MP.
  • Janejh
    Janejh Posts: 34 Forumite
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    I had my house repossessed in May 2017 without me being aware of the court hearing. I came home from work to find locks changed!!   I applied to the court to have the repossession order overturned and was successful. The judge ruled in my favour firstly because my mortgage provider failed to serve notice correctly and went on to say had I been aware of the first hearing it would have been very likely that a ruling would have been in my favour anyway. 
    My house was valued at £190k, mortgage was £90k and arrears were £2k. 
    Prior to applying to the court I spoke with mortgage provider and offered to pay arrears in full and enough money to cover 6 month’s mortgage payments (help from parents). Mortgage provider refused my offer so I went to court. The ruling effectively said the repossession was unlawful and therefore deemed to have never existed. This immediately removed the entry on my credit report as well. However when looking back at my mortgage statement they added over £4K of charges and fees to my account and I am now wondering if, based on the ruling in my favour, I can make a claim to be refunded these fees based on the fact that essentially the repossession never existed. 
    Any thoughts and advice gratefully received. 
  • tifo
    tifo Posts: 1,939 Forumite
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    Janejh said:

    I had my house repossessed in May 2017 without me being aware of the court hearing. I came home from work to find locks changed!!   I applied to the court to have the repossession order overturned and was successful. The judge ruled in my favour firstly because my mortgage provider failed to serve notice correctly and went on to say had I been aware of the first hearing it would have been very likely that a ruling would have been in my favour anyway. 
    My house was valued at £190k, mortgage was £90k and arrears were £2k.

    Prior to applying to the court I spoke with mortgage provider and offered to pay arrears in full and enough money to cover 6 month’s mortgage payments (help from parents). Mortgage provider refused my offer so I went to court. The ruling effectively said the repossession was unlawful and therefore deemed to have never existed. This immediately removed the entry on my credit report as well. However when looking back at my mortgage statement they added over £4K of charges and fees to my account and I am now wondering if, based on the ruling in my favour, I can make a claim to be refunded these fees based on the fact that essentially the repossession never existed.

    Any thoughts and advice gratefully received. 
    Just came across this thread. I hope you claimed the over £4k of charges the bank applied. These should be refunded because the repossession was deemed unlawful by the court. No repossession therefore no charges.
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