barclays mortgage arrears admin fee**WON**

[vogelrok]

just going back over all my statements for my arrears payments made on my mortgage.

 

still refusing to give anything back to me.

 

well just noticed that in the month of July in 2004 they had increased the fee from £15 a month to £40 a month. thats and increase of 63% or there abouts each month for admin fees. back then ir was called service charges fees and costs. now it is called arrears admin fees. same thing different name. also

 

back in 2004 they never charged interest on the service charges also arrears at the end of the day.

 

it was then in the month of apr 2005 they changed the name to arrears admin fees and then added interest to the arrears.

 

 

 

anyway all the interest aside as it was only something like £1.50 a month.

 

how on this earth did they manage to increase the admin fees by that much over a short period an extra £25 on arrears payment would love to see how that was worked out.

 

did the staff that do the work to amend the arrears get a pay increase of 63% at the same time or was that the share holders that got it.

 

not sure why im posting this just wonder if anyone else noticed it and knows the answer for the increase in admin fees.

[Goldlady]

Greed I think. I have just got £1700 back from similar charges. Not subject to test case so I would be claiming them back if I was you.

[vogelrok]

hi goldlady did this included the interest you had incurred on the mortgage charges.

[Goldlady]

Oh yes. Well I claimed for £1900 and settled for £1700 today after a lot of haggling. But yes I added on the interest that was charged on their unlawful charges.

[vogelrok]

this is the bit i can't work out. do i claim the extra £1.50 odd charges they added to the arrears or do i try and work out how much they added at the end of the year to the now increased mortgage.

 

did that make sense.

[vogelrok]

its ok have worked it out.

 

just noticed the wording Arrears Admin Fees which is £40 a go.

 

now you would think from the wording that this is for the arrears.

 

but no its for when i have paid late. this is proved by still being charged interest on the arrears, when i have paid on time, there is no charge. however when i have paid a few days late i have been charged £40 for arrears admin fees. no they mean layte payment.

 

will ring them again tomorrow and see what they have to say. as my home is still under threat of a cpo order from the local housing assoctiation. want to get this sorted quick if i can. as will be paying them off soon.

 

also noticed on reading back over my accounts. i managed to clear my arrears within the year this was only £158.72, but it cost me £400 in charges plus £85 in interest or there abouts. not a

bad turn around. they still got there money i owed and they made and extra £485 for one year for doing nothing

[vogelrok]

just spoke to Barclays mortgages. i asked how the fee jumped from£15 for arrears to £40 for arrears each month.

 

anwser is this the FSA set the payment rules. hahahaha the fsa set the banks charges. thats why the OFT have taken the banks to court in a test case then.

[mrsfoot]

Volelrok....FSA do not set any charges. It is the responsibility of the Co to set the charge, they simply have to register with the FSA.

 

It is my belief that Barclays cannot explain their increase and that it was a penalty for you breaching the contract and therefore refundable.

 

Check your original contract...if it states they have the right to charge a "reasonable" charge for breaching the payment clause then it could be seen as they have breached the contract by charging an unreasonable amount. It worked for me!

[vogelrok]

i didn't beleive for one minute that the FSA set banking charges and that they would say £40 is fare for a late payment by 5 days.

 

sent my letter off today to the bank asking for my money back. used the template that zoot so kindly put together.

 

will check the contract after dinner.

 

thank you mrsfoot

[mrsfoot]

Your welcome....shout out if you need anything

[vogelrok]

Volelrok....FSA do not set any charges. It is the responsibility of the Co to set the charge, they simply have to register with the FSA.

 

It is my belief that Barclays cannot explain their increase and that it was a penalty for you breaching the contract and therefore refundable.

 

Check your original contract...if it states they have the right to charge a "reasonable" charge for breaching the payment clause then it could be seen as they have breached the contract by charging an unreasonable amount. It worked for me!

 

 

here are the original T&C first one is the payments part, second is for events of default. wording isn't quite the same. any advise.

 

 

now im sure i was told these charges would not be added to the debt at this time and will only effect the mortgage at the end.

 

somehow i think i was lied to. i could have paid the fines and not incurred added interest to my mortgage and an extra £1600 just found another years worth of statements.

just got to find the first 2yrs now. im sure i was charged on them to. in total i would say about £2000 in charges. the year i just found i was charged 14 times. highest being £82.25 not sure what it was for just says Service Charges, Fees & Costs next to it.

[vogelrok]

Just had a letter from the very nice people at barclays mortgages.

 

"We are sorry that you have had to contact us about your mortgage, Thank you for taking the time and trouble to do so"

 

Trust me it was no trouble at all. honest i wont even charge you for my time.

 

the usual guff,. we will contact you in 4 weeks at the most. well not quite i have told you that you have that long to give me back the monies you have charged me on my account.

 

this bit cracked me up. "Thank you for bring this to my attention".

 

like he dont already know. his a team leader on his reply.

[vogelrok]

time to send a LBA to Barclays Mortgages. spoke with them today. mentioned what i will be sending. also that i have amended it to include an extra year and a rough guess at the 2 yrs before that.

 

the woman on the phone stated that they will check it against the records to see if i was correct or had over or under guessed.

 

sit back and wait another 21 days now. gave them an extra 7 days to check there records against mine as my claim was updated.

[vogelrok]

have just had a letter from barclays. they say that they don't want to pay the money back. i sent my LBA letter off yesterday. do i give them a chance to reply to it, or should i just file my N1 claim and be done with it.

 

cheers for any help. im of the thinking give them another chance before i feel i have to take it to court and waste court time getting back money taken by the bank.

[Goldlady]

I would give them a few more days, but guess that you will probably end up having to issue the N1.

[vogelrok]

I would give them a few more days, but guess that you will probably end up having to issue the N1.

 

i will follow the format laid out of allowing them 14 days plus the extra 7 i gave them. see what happens.

 

but i don't doubt i will have to fill in the N1.

[mrsfoot]

Hi Voglerok

 

Stick to your time schedule. If you sent your LBA off Monday then they must be given 14 days from receipt. Check on www.royalmail.com as to when the received it.

 

You will have to go down the N1 route I am sure of it.....all banks want to keep the money the believe was lawfully taken and hope for ppl to either make a mistake (see lloyds win), give up with the claim or give them to much time.

 

Good luck

[vogelrok]

Thank you Mrsfoot looking for the llyods win you are talking about but can't find it.

 

do you have a link please. would hate to make a mistake.

[vogelrok]

had a letter back from Barclays today. they will be going back over the file and get back to me.

i sent the letter to Bill Foster. there heading of there letter was in reply your lettere to Bill Foster.

 

is he real or is he a made up name. anyone ever got to speak to him.? i keep getting he isn't about at present when i ring. seeing as he took the time to write to me or did he? as the letter had his name at the bottom of it.

[mrsfoot]

Hi Voglerok

 

I have pm'd you a reply to your question.

 

Some things vital to remember:

 

1. Always give tghe time scale that you have informed them of in your letters.

2. Never call...always complete all correspondance in writing so you have proof of what was said / spoke about

3. Take little notice of signatures on letters, mostly they are spat out by a pc and either printed on presigned paper or the signature has been entered onto the pc and just forms part of the letter.

 

As far as I can see you have a 7 days left before your LBA expires. Give them the time you stated then complete the N1 form. Do not correspond with the bank as they very rarely pay out until they see you are serious and this is normally only at the court stage!

 

If you need help with the N1 then shout out!

[vogelrok]

sorted they are paying it all back i have won against barclays without going to court. amendments are being made today, should have a letter by next week.

 

they even worked out the compounded interest for me as i was charging them 8%.

 

£2026 removed from my mortgage of late payment charges.

 

also Hillseden security have agreed drop there case also for £665 and remove all files from my credit report.

Edited May 29, 2008 by vogelrok

[Penfold92]

Well done Vogelrok, I wish Amber could be so sensible...They managed to get the judgment I got against them set aside yesterday, but not their extortionate costs of £1300!

 

Well done again!

 

Prabs

[vogelrok]

Well done Vogelrok, I wish Amber could be so sensible...They managed to get the judgment I got against them set aside yesterday, but not their extortionate costs of £1300!

 

Well done again!

 

Prabs

 

 

Keep at them i hope and wish you well in fighting them.

 

they tried to offer me half. i said no. i then told them because i have a CPO on my home i have no choice but to sell. the best bit was the woman from barclays told me i should keep up my payments and i wont get in this mess. i wasn't impressed with this reply one bit. only one person in this land can impose a CPO in this land. that my friend is the secratery of state, not the banks. 2 mins later full payment was given and removed from my account.

[Penfold92]

That's what makes me laugh....they all think we have no resources or ideas when it comes to the law....that has been changing rapidly over the last year or so and it will not be much longer before the banks and mortgage lenders realise that the credit crunch is not their only problem...they have been getting away with murder for too long now...

[vogelrok]

it sure is Penfold.

 

have just spoken with my credit union going over monday to open up a new savings account and current account with them. within the next year they are looking at business accounts to.

 

had an email from abbey about opening up my business account with them. sent back a reply saying no thank you i wont be using your services as your 1 of the 8 in the test case against the people of this country and want no part of them. it felt good to be able to do it.