Rooftop Mortgages

[Andrew66]

No DS haven't done the MCOL yet, on reduced hours at the mo, so having to watch the pennies. But I am hoping to serve mid month. Have to make sure my present mortgage provider is up to date with payments. As you can imagine I'm itching to do it but I can't yet. Good luck to your hubby and his op.

[TUTTSI]

Hi Andrew

Keep me posted with your progress and thanks for your kind thoughts.

DS

[Andrew66]

Does anyone know if it matters that I haven't filed MCOL yet? Will I have to send another letter to Rooftop or can I just proceed when I like? They've had time.

[TUTTSI]

Hi Andrew

I do not think it matters when you do the MCOL as you have written and given then sufficient time and advised them what you are going to to. They have chosen to ignore you and most of all they have failed to provide you with a breaksown of their costs.

 

I think I would do a N1 claim and not MCOL as you can put more detail. Also, the courts are automatically staying MCOL claims. Being that this is a Mortgage charges they may class it the same when it is not.

 

Regards

DS

[Andrew66]

Hi DS, I haven't done N1 before, can you point me in the right direction to get some info pls? Hows your other half now?

[TUTTSI]

Hi Andrew

 

Hubby is almost at the end of his dreadfull ordeal, he goes back to the hospital on Monday for them to determine if it all went OK. It has been a nightmare.

 

The N1 form should be in the templates in the library, or you can download it from courts site. Do you have the wordings, if you do not have the wording Zootscoot, one of the Moderators will be able to give you the wordings. She did her Halifax claim I believe and won so she is definately the right person to help you. If she is not on line, go to any of the stickies in the banking formus, double click on her name and then you will be able to send her a PM. Also, check the settled claims for Mortgages you may pick up some snippets there.

 

I will check with you tomorrow, if you need any further help just shout.

Regards

DS

[TUTTSI]

Andrew, I have just copied this from Zootscoot, a sticky at the top of this forum it was dated 17/8/2007, so perhaps a good read before you embark on the N1 form, I have not hade to to read it through and it may not even apply to your particular case, but thought you should be aware.

DS

 

Following three recent defeats with ERCs:

 

 

Harsh Letter received from Kensington *Claim struck out in court*

 

Maroonfox5 V Mortgage Express*Lost in court*

 

Charbydis v Platform *Claim struck out in court*

 

It is recommended no new ERC claims are made.

 

The mortgage companies have greater litigation departments and more experience of litigation than the banks and are not going to back down so easily.

 

All fast trackers should seriously consider withdrawing their claims to avoid incurring further costs. Try to negotiate out of payment of costs to date. Make an offer to withdraw conditional upon them not pursuing costs. Do not withdraw your claim from court until you have negotiated out of costs.

 

All those with small claims should also consider withdrawing but should also be mindful of the fact that they are liable for costs incurred pre allocation and therefore they may be better off continuing to trial. Do not withdraw your claim from the court until you have negotiated out of costs. You may well be able to negotiate a settlement of a lower amount.

 

Whilst the risks are greater regarding ERCs the claims are not without merit. Seek legal advice if in doubt.

 

Also small claims claimers should also be wary if there is a legal indemnity clause in the contract as mortgage companies are enforcing these to claim their legal costs.

 

Other mortgage charges:

 

There have also been 2 defeats on other mortgage charges:

 

Charbydis v Platform *Claim struck out in court*

 

 

Barry v Swift (Court date 29/01/07) *Lost*

 

Charbydis because 15.00 was deemed reasonable. Barry Paul because he was unable to prove the charge was a penalty. Claimants should be aware that the burden of proof is on them to prove that the charge was a penalty.

 

In addition you should also be wary of the mortgage indemnity clauses in the contract. This can make you liable to pay their legal fees for defending your claim and is likely to be more than any charges you have paid.

[Andrew66]

I see that court costs have been reduced so I'm going to do this lot soon. I've had enough time to weigh up the pros and cons. Don't think I'll send another letter because they'll just reply with the same old stuff.I think my case is strong as it's not an ERC I'm claiming for.

[Andrew66]

In futher response to DS's reply, I think £15 is reasonable but £75 is definitely not!

[TUTTSI]

Hi Andrew

I still think £15 is high, it is all automated so a fiver is top whack in my opinion.

Good Luck with your claim,and I promise that we will start on ours very soon, hubby is not yet out of the wars.

 

DS

[Andrew66]

Hi DS, sorry to hear that. Good luck with your claim too.

[djc]

hello andrew66

 

we have been following your thread and wonder how far you have progressed since your last posting.

 

if you are experiencing difficulties due to divulging sensitive data/ sharing of information please pm the information that you have may be usefull if approached in a different format.

 

djc

[TUTTSI]

Hi Andrew

 

Did you eventually do your claim and what was the outcome as I am just starting the pre-lim this weekend against Rooftop Mortgages.

 

oh and by the way hubby's down for two more eye ops at the end of March - minor though.

 

I trust that you are well.

 

DSx

[TUTTSI]

Hi Andrew

 

Did you have any luck with Rooftop!

 

I am going to claim from them our charges which by now must be now ginormous, then when they refuse which I am sure they will I am sending it to the FOS for them to deal with it.

 

I have just googled Rooftop and found this article stating that Rooftop

was closing, by July08. We are still with them though and because of the reduced libor rate have now the lowest mortgage payments that we have ever had.

FTAdviser.com - Rooftop Mortgages to close

 

All the best

Tutts x

[Andrew66]

No Tuttsi I haven't done any more against them, didn't know they were closing down though until I read your attachment. Let me know how you get on with the FOS. 11 months on and the house is still up for sale and battling Capstone to avoid repo.

[TUTTSI]

No Tuttsi I haven't done any more against them, didn't know they were closing down though until I read your attachment. Let me know how you get on with the FOS. 11 months on and the house is still up for sale and battling Capstone to avoid repo.

 

 

Hi Andrew,

 

Same here with have a suspended posession order with them so one wrong move and we are gone. House also been up for sale months now with no joy or serious buyers. The offers we had were less that we could aford to move on, so we are battling on.

 

Good luck

 

Tuttsi

[Andrew66]

These Government schemes seem next to useless, I heard they've helped 3 people since the launch!

[pwg6565]

Good Morning. Any news on progress with Rooftop anyone ? I am burdened with a Rooftop mortgage and am just coming to the end of my arrears (one payment left) but have noted on my annual statement that I owe over £1500 in charges. The monthly arrears charge was £75 @ month but has now been dropped to £50 @ month.

[TUTTSI]

Hi PWG,

 

No I have not progressed my claim yet as our arrears are still being paid off. They keep trying to move the goal posts and we are at present trying not to upset them.

 

But my intenetion is to send it to the FOS as their has been recent press where even MP's are up in arms about the horendous charges that mortgage companies have been making. I understand that the FOS though not fast they do eventually get the money refunded.

 

Also, from what I understand the charges have been added onto your loan and will not become due til you dedeem your mortgage.

 

Good luck and keep us informed og your progress.

 

Tuttsi

[merlinsoath]

Hi Very interested in your thread, do you have contact details for Rooftop please?

 

Regards

[TUTTSI]

Hi Very interested in your thread, do you have contact details for Rooftop please?

 

Regards

 

 

I am sure you have already asked me this question...

 

Rooftop mortgages address is

 

PO Box 522

Ipswich

IP1 3YE

 

Hope that helps

 

Tuttsi

[pwg6565]

Some advice required please if anyone can help. I have cleared my arrears now on my mortgage with Rooftop and no sooner than I had done that a couple of days later Rooftop called me and said I had over £1800 of charges on my account which were gathering interest and could I start clearing them...They have not even given me as much as a week since my arrears were cleared. Do have to start clearing the charges they have added ? They have been charging me £ 75 @ month while I was in arrears apparently which is very high indeed.

[pwg6565]

Bump.....Anyone advise what to do regarding charges + interest ?

[merlinsoath]

Claim them back.

[TUTTSI]

Firstly write and send to them a pre-lim letter you should find a suitable letter in the template library asking for the return of your charges. I understand these charges should not be accruing interest?

 

After 14 days send the a letter before action, they will of course deny that they have to return the charges. When it states it is a final letter then take your complaint to the FOS. They will only deal with your complaint once you have had a final response from Rooftop.

 

The FOS are not quick by any stretch of the imagination but I understand that it works from people who say they have gone this route, I have not yet put it to the test myself yet?

 

An alternative you can issue court proceedings and then you can add 8% stat interest.

 

Gooed luck and let us know how you get on. If you start a new thread of your own give us a link on here so that we can follow your progress.

 

Tuttsi