Sorry about the format, tried my best!

Hello Dx, Couldn't upload file as invalid. I don't know what IPT means, but I included it

Now I will write to mortgage company again.

Morning Dx, I have just added the first page of the letter, the second I can't scan, but it says; Page 2 I note your comments in relation to the level of interest rates charged throughout the mortgage. At the time rates were historically high and reflected the climate . On 6th December 1990 the standard variable interest rate was 11.34%. I would reiterate that interest rates were historically high throughout the industry at this time and the rates you were charged reflect both the prevailing market conditions and the underlying characteristics of the residential portfolios under our administration. As such, the rates take into account a number of different factors including but not limited to the cost of servicing, the financial return requirements of the portfolio and the overall performance of the portfolio as a whole. It then lists explanations of Completion Administration Fee, Default Fees (t&cs), Legal costs, Property Insurance and Property Insurance Tax and Switch Payment Basis Fee. Thanks, F Hello Dx, I have scanned letter, hope all ok now. Many thanks, F

Thanks for taking the time to read this thread. I really appreciate the advice. And I won't bother to have the spo taken off x

I have sent the letter asking them to take off the charges, had a response saying they would look into it. My husband is still working intermitently, but I am worried that fairly soon he will not be able to work at all. If I am unable to make the full payment including extra for the arrears with the spo, mortgage company can repossess easily. It is just another thing for me to worry about at the moment.

There are still arrears on the mortgage, but they are the charges that have been added. I am still making a payment each month of £70 on top of the monthly interest charge. In 2013 I contacted the FOS who got involved. Redstone offered to take £500 off the total of charges, but I never responded to their offer as it is no where near enough.

Sorry crossed posts. I didn't ask them to take the charges off.

Thanks Caro I have got a reply to sar. And the over payments have cleared the actual arrears but only if the charges are taken off the total of the arrears. Does that make sense? And yes it does put things in perspective. I don't want to sell but with a suspended possession order hanging over me it is very stressful as we can't get any benefits to cover the mortgage.

They have responded saying that they take very seriously!!! And said within forty days they will give response. Shall I just keep to fourteen days or wait for their forty?

Hoping to get a response from someone with experience in this. F

I have decided to sell my house, my husband just found out he has cancer. So, we are in a pickle with wages and no help. I have written and asked for the charges to be taken off my mortgage total. I have a suspended re-possession order, the arrears are now just charges and interest that have been added. I have paid any missed payments by overpaying each month. I would like to try and hurry them so, I am thinking if I apply to the court to have the possession order taken off. Mortgage company will have to admit the arrears are made up of charges and so they cannot re-possess for charges. Is this a good idea? And am I right? Thanks, F

Thanks Suffering, I have sent the letter slightly less wordy than my posted one. Haven't heard from them yet, but not quite fourteen days yet. F

I have had a letter back from them, with all the usual excuses in it. I am not sure what to do now, is court the next step?

I am just about to send a letter to Blemain about the charges and fees et cetera. Just wondering if anyone has been successful and got their charges returned to them, apart from the wonderful Wp3.

Good point dx, I was just having a rant I think. x

Here's the letter |I| want to send to Blemain, I would really appreciate some comments Dear Sirs, ACCOUNT NUMBER: I had a loan with your company from October 2007 to September 2007. Reference as above. I believe that the loan was not administered in accordance with the Consumer Credit Act and therefore it was not a lawful contract. Consequently it was an Unfair Relationship. Also, according to the Consumer Protection from Unfair Trading The breaches that were committed by Blemain Finance and Monarch Services during the course of the loan and in contrary to the above act are; Freedom Finance did not explain to me the relationship between them and Blemain Finance Variable interest rate Statements were never sent Charges for letters and telephone calls of £30 and £35.25 Letter sent to me when Blemain Finance tried to re-possess did not give me the full fourteen days Letters sent to me by Monarch Recoveries Charges made by Monarch Recoveries My property was re-possessed even though the payments had been made Breaking and entering my property Damage to windows and locks When I wished to re-mortgage to redeem the loan, it took Blemain, from my letter informing them of my wish for a redemption figure on 16th May 2007 to 2nd October 2007, this resulted in my having to pay another five months of interest. An exceptionally long time for Blemain to give this information. Blemain have a duty according to the Consumer Credit Act, Section 97 to give information of total debt and how it arrived at the figure, after numerous requests by me on the telephone to xxxx on 12th September. Who spoke to me with derision and contempt. My solicitor, who sent a letter to xxxx on 13th September 2007, which was never acknowledged or responded to. I am writing to ask you to refund the charges, fees and Monarch Services charges which you charged to my account in respect of returned direct debit fees to the sum of £. I did not administer the account as I would have liked to and I do not deny that I have been guilty of breaches of the terms and conditions of your contract. Any charges and penalty fees which do not reflect a genuine pre-estimate of the costs incurred by that breach are penalty charges and therefore unenforceable. I now understand that such fees and penalty fees and the interest on these penalty fees that were added to the running total are unlawful, as I was unaware that these charges were paid in the mistaken belief that I was under a contractual obligation to pay. These charges were over and above the actual cost of a administering a returned direct debit. It is my opinion, and that of the Office of Fair Trading, that these charges and penalty fees are punitive in nature, not a genuine pre-estimate of cost and not intended to reimburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the Office of Fair Trading, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English Law. Examples of which are; Murray v Leisureplay (2004) Dunlop Tyre Company v New Garage and Motor Co. (1915) Bridge v Campbell Discount Co. Ltd. (1962) Further to these cases, I also believe these charges to be a direct breach of the Unfair Contracts Terms Act, 1977, which require that contract terms are reasonable. I do not believe these charges and penalty fees are reasonable as outlined in the aforementioned Act. In addition, your charges appear to represent an unfair term of contract which is contrary to the Consumer Credit Act 1974. 140A Unfair relationships between creditors and debtors. When these charges were applied to the loan I was mistaken as to a material fact, consequently I am entitled to claim restitution of those monies where the payment would not have been made but for my mistaken understanding. It is also true that I agreed to your terms and conditions at the time the loan was advanced. As a point of law, however, if those terms and conditions contain elements that are unlawful, then the contract, itself, is not worth the paper it is written on. I expected, as a matter of course, Blemain Finance to conduct its business in a legitimate and legal manner. In my naivety I had trusted Blemain Finance to be familiar with their legal obligation and to act within them and, to quote the Unfair Terms and The Consumer Credit Act “should treat consumers in an open and fair way” “charges should be fair and reflect the true cost of administration charges”. To continually charge disproportionate penalty fees and astronomical legal fees to an account that was clearly in difficulty, seems to me a blatant abuse of Blemain Finance's power and authority. I believe that the charges you have levied of £xxx far exceed any true cost to yourself as a result of my breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure me that your charges really do reflect your costs. I have included a spreadsheet that has calculated the charges and added compound interest to these charges. Thus, I am asking that you refund the charges and other fees which have been levied on my account, this now totals £xxx. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. Blemain Finance have already acknowledged that some of the charges were unlawful and were refunded to me in 2011, the charges and compalints that I am now pursuing are separate to these. Let me remind you that the debt I had with has been fully discharged charged at a more than advantageous rate to yourselves, voluntarily and not by means of re-possession. The amount repaid includes your unlawful fees, penalty fees and the interest charged upon them. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. Yours faithfully,

Thanks Ruleoflaw, as I understand your post, all my payments will be allocated against the initial capital loaned to me by the mortgage company. If these do not equal the mortgage loaned then, I have to make up the difference. Regardless of an endowment policy that I may have.

If my mortgage was missold. I understand that the capital loaned to me has to be repaid, as mortgage no longer exists. My question is, if this happens, would all the payments I have made over the last few years go towards this?

In his letter he says that the boat was put back in the water (it wasn't). And so he was able to charge the mooring fees. We know that this is untrue, the boat was on the hardstanding, and this is where it was until it sold. The proof that the boat stayed on the hardstanding after the repair was made, is that we did not pay the bill for the repairs, as we were unhappy with the quality of the work. (This was resolved by us selling the boat and the repair bill was deducted from the proceeds.) As the repair bill was not paid, any marina, including this one, would not put a boat into the water, as it is able to leave. Hope this makes sense.

I've had a reply and he has lied in the letter. I don't know whether to write back saying that, or, just take it to the court. Any thoughts?

An update on what has happened. I have had a letter back from them, saying that they take this matter very seriously and are looking into it. So, not an outright NO, but I'll see.

Hello Sabresheep I did mean to say 'Mistake' in my last post, was a bit confused by the fraudulent comment. I said in the letter to them that the charges and penalties were paid by me in the mistake that I thought I had to pay them, and that they were wrong to make a charge that was excessive to the actual cost to them.

I believe that because the charges were in extent of the actual costs to them, that is fraudulent. Also, I wrote to them in 2011questioning the charges so that was my initial contact (after mortgage was repaid) and that was within the twelve years.

Thank you