Southern pacific (SPML). Mortgage Late Payment Fees reclaiming

[angnnig]

Hi all,I hope someone can advise me.About a year ago my partner fell ill and we got behind with the mortgage payments ,they took us to court and tried to repposses the house ,the court said that as long as we agreed to pay a set amount to the mortgage company off the arrears that they would suspend the repossesion,but the mortgage companty are charging a £50 late payment fee every month and have also added on other silly little charges, i.e litigation fees of £800 and so on ,Is it possible for us to reclaim any of these charges ,the £50 LPF is ongoing and doesn,t stop until our arrears are cleared which would take us about 5 years to catch up .kind regards, angnnigl

[Goldlady]

Which company is it angnnig? We have just submitted a claim against GE Money for £2K of stupid charges which were £40 a month when we were having a tough time. All our attempts to get them to help us during short term crisis were met with brick wall. We finally managed to pay them off and have now issued claim. I was told that we couldn't reclaim the repossession fee which in our case was about £300, but certainly all the rest are unlawful IMO. It is hard to issue proceedings when you are the underdog which is why we waited till our first mortgage company lent us the money to pay GE off.

 

In your situation you might reclaim the fees to date but then they will keep on adding more. I wonder if you can ask the court to intervene - hopefully someone with more knowledge of that will be able to help you.

[angnnig]

Hi Goldlady,Thanks for your reply,glad to hear you got your charges back from the daylight robbers.Your right about us bieng the underdog especially when we still have to struggle to pay the mortgage and arrears every month to them.Our mortgage is with Southern pacific (SPML).Ufortunatly we have tried to get a remortage but our house was valued to low to pay them off,I think il take your advice though and ask the court to intervene as we have recently asked for a variation hearing to ask the courts to lower our arrears payments ,as we are struggling to pay .kind regards angnnig

[sillygirl1]

Mention the fees they are charging in your defence and the Judge might see a way of stopping them being charged - it is VERY unfair, I'm going for a couple of companies over fees now and will report back to this site.

 

The only reason I am doing this is because one lot are coming after me threatening court action - the said company repossessed me so they have had their enforcement - and any further court action can be deemed as 'vexatious' especially as they are concentrating on debt collection now and getting rid of their loan portfolio by various means.

[angnnig]

Hi sillygirl,Thanks for your advice ,sorry to hear your having problems with the ******** as well ,your right they should,nt be able to kick you when your already down.I hope the courts can do someting about the charges.I will take your advice ,banks are bieng made to pay back unlawfull charges, so as mortgage charges are higher, the courts should intervene like you say .All the best .angnnig

[angnnig]

Hello can anyone advise me on how I would go about claiming back mortgage penalty fees.SPML are charging £50 a month in penalty fees for bieng in arrears with the mortgage ,We are just managing to keep up the arrears payments ,but because my partner fell ill and couldn,t work for a while we fell behind.Is thier a template letter I could use.I have looked on the templates section ,but not sure which one I use. Also, can I claim any penalty interest back as they are charging me this too.kind regards angnnig

[manchester1]

Angnnig, Firstly are you sure its SPML or have they sold the debt to somebody else who is managing your mortgage, secondly do you still have to hand your mortgage offer/ mortgage booklet ,reason i ask is that in there somewhere should be terms/conditions specifying how much they can charge you ,if at all. If they are charging you more than in the prescribed terms then a swift letter asking for refund would be in order.

 

Manc1

[angnnig]

Hi manc 1,Thanks for your reply,its deffo SPML .I think ive still got the T/Cs somewhere ,il dig that out.I seem to remember reading something,when we first took the mortgage out and I think it did state £50 would be charged if in arrears with the mortgage,I will try to find it though just to make sure.Thanks for your advice.regards angnnig

[Dangermouse]

Are the monthly arrears charges etc. penalty charges and therefore reclaimable anyway despite what the T & C's state?

 

 

Dangermouse

[midge61]

hi

 

I have a mort with SPML but have to pay Capstone mortgages Services as they are the administrators of it.

 

Have you made an agreement with them as to how much extra you pay towards the arrears?

 

It could be worth writing to them and getting an agreement set up and asking them not to add the fee each month to help get it cleared.

[Carl128]

I desperately want to take on SPML also,

They are now managed by Capstone Mortgages but for over a year now they have charged me £50 per month plus interest. Not to mention the odd £40 asministration fee's I can see on my statement, but have no idea why/what they were charged for.

 

I fell into arrears just over a year back. They put a claim for repossession in and they were granted a suspended order.

I have worked my butt off since then to pay back all arrears, and even though I only missed 2 payments originally (about £2000) and am now paying off between £150 and £300 a month I still owe them about £700.

This is due to all the extra costs they keep putting onto the account.

 

Luckily I have now sold my house (pending completion) and have the drive and energy to pursue these people. They pretty much rob you blind and take advantage of the fact you are vulnerable financially.

 

Its not on, and the more people who challenge them the more chance we have of making them 'think' about what they are doing.

 

Any template letters to get me started would be greatly appreciated.

[mikek]

I received statements from SPML. They charged me £65 in mortgage arrears fees every month and £25 for each unpaid direct debit. I have loads of "administration fees" for odd amounts, 20, 40, 50 etc. I asked for evidence of manual intervention and I got a lousy A4 print out with dates and abbreviations. Looks like they typed it in Microsoft Word after my Data Subject Request (honestly it does). It was a short mortgage anyway. Had to remortgage quickly. I am not satisfied with the evidence of what cost me so much in charges. I have requested evidence of the costs they incurred in my Data subject Request. I did not get anything. I have sent LBA now. I have also asked for an expanation for the administration charges. They are thieves.

[angnnig]

Hi dangermouse,thanks for your reply,yes they are deffo penalty charges.do you know if i can claim the extra interest they are charging on top of the arrears.kind regards angnnig

[angnnig]

Hi Midge61, Thanks for your reply,its the same with our mortgage capstone deal with all the legalilities.We were bullied into making arrears payments we cant afford as they threatened to have us evicted.I am about to send them a letter to ask can we lower the arrears payments by half,if they dont I think were gonna have to take them to court.kind regards angnnig

[angnnig]

Hi Carl128,thanks for your reply.we fell into arrears about 2 year ago cause my partner fell ill.they took us to court and the court suspended it.its going to take quite a long time to pay our arrears up as we owe £10,000 ,but that includes all the charges and penalties they add on.

I bet your relieved to be almost shut of these rip merchants.They have no compassion or understanding for anyone.as soon as we can afford to do our house up to sell it ,we are going to remortgage and get shut of them.but were trapped at the mo, as the arrears payments are killing us.kind regards angnnig

[angnnig]

Hi Mikek,thanks for your reply,sounds about right for capstone trying to get out of paying money they owe you.If they are ignoring you, can you not take your complaint to the FOS or court,they shouldn,t be allowed to get away with it.kind regards, angnnig

[angnnig]

Hi ,I would just like some advice on how to go about reclaiming monthly arrears fees from SMPL and Kensington.They have charged us a small fortune over the last couple of years and if we were sucsessful in getting them back it would probably wipe out our arrears .Are thier any template letters on this?Thanks for any replies,regards angnnig

[tifo]

kensington were fined over a £1 million by the FSA in April and told to refund charges and fees back to customers, so they should refund you anyway. Have a look at the first sticky thread in this section.

[angnnig]

Hi Tifo,Thanks for your reply.Do they refund without us having to ask for our charges back,if they did it would be better for us as we have a suspended repo order on us and we are scared that they might try and evict us if we do.regards angnnig

[Ell-enn]

Hi Angnnig - they can't evict you for asking for refund of charges. They can only take further action if you miss payments, so get a letter off to them asap

[frettful38]

Hi Angnnig - they can't evict you for asking for refund of charges. They can only take further action if you miss payments, so get a letter off to them asap

 

 

sorry for crashing in but this info may be of use to the OP too

 

Hi Ell-enn is there a template for re-claiming arrears charges form your lender please?

 

I need to reclaim over 20 letters of arrears reminders each costing £35 each and no doubt interest is being added to each letter, any help would be great, thanks in advance

[Ell-enn]

Hi, I used this letter when helping a friend to reclaim mortgage charges. Don't forget to send by recorded delivery and keep a copy.

Refunding Mortgages Charges letter.doc

[frettful38]

Hi, I used this letter when helping a friend to reclaim mortgage charges. Don't forget to send by recorded delivery and keep a copy.

 

 

Blimey Ell-enn no wonder why you are rated so much, that was very very helpful and useful. Thank you so much, I am sure that it will be most useful to many,

 

regards

 

frett

[angnnig]

Hi Ell-ellenn ,Thaks for your advice,I just thought that the mortgage company could force us out by saying they want us to pay more than we can afford and go for an eviction if we dont agree to what they want,just to get revenge on us for going for the charges.SPML just tried to evict us again recently ,my partner phoned them up to explain that we were going to be 2 weeks late in paying our mortgage and arrears due to urgent car repairs on our taxi,the person who he spoke to said it was ok and that as long as we pay up by the end of april that was fine,a week after that we got a letter from thier solicitors saying that they were going to evict us and gave us 2 weeks to get out,My partner then got on to spml asking why they had issued us with an eviction notice when they had already agreed to us paying the mortgage 2 weeks late,They said they had no record of this phone call and that if we dont pay 3 weeks money within 7 days that they would evict ,We then had to go out and get a small high interest loan to pay the mortgage payments up to date,They also bullied my partner into paying £10 a week more than what we could afford then they will stop the eviction.They did stop the eviction,but they,ve now sent us a statement charging us £350 in legal fees and £240 in litigation fees.That hardley seems fair when they agreed to us bieng late with the payments.kind regards angnnig

Edited May 29, 2010 by angnnig

[littlemonstersmum]

Hi Ell-enn,

 

Have just read your letter re reclaiming arrears fees and this i think will be my next battle with Bank of Scotland ;-)

 

Not sure if their fees would be classed as 'excessive' but i do feel that adding anything on when a customer is in arrears and therefore financial difficulty is unfair.

 

Is there a letter we can send to find out exactly what we have been charged? I think i have seen it mentioned in other posts but am not sure what it is called.

 

I think we have been charged hundreds rather than thousands but every penny counts so it's got to be worth at least trying to get something back.