Southern pacific (SPML). Mortgage Late Payment Fees reclaiming

[angnnig]

Hi ,Hope someone can help us.

 

We have tried claiming late payment fees and various other charges back from Acenden (our mortgage company) through the FOS ,

which was a waste of time and we even nearly lost our home partly because the charges have been added to our arrears balance.

 

So we now think it,s time to try and claim these charges back through the court,

they still have a suspended repo order over us but we still think it,s unfair that even if we dont have any chance of getting the charges refunded ,

they should at least remove the charges from our arrears account and put onto the overall mortgage balance.

 

Am I right in thinking we can claim

1.early statement fees.

2.interest on arrears fees.

3.litigation management fees

.4.late stage arrears fees ?

 

Should we ask for them to refund the charges again or just go straight to court as they have already refused to refund them ,

when we went through the FOS?

 

Kind regards angnnig

[rebel11]

The guys will be happy to advise as soon as they are available.

[Ell-enn]

Hi Angnnig, have a look at Bankfodder's guide to reclaiming charges etc at the top of the Repossession Forum, that will give you the info you need to proceed.

[angnnig]

Hi Ell-enn,Thanks for your advice.As we have already tried reclaiming the charges through the FOS and had no luck ,do we l ask Acenden for the charges back again before taking court action,kind regards angnnig

[angnnig]

Hi ,We are considering taking Acenden to court for arrears fees of £3414. These include

1.ARREARS MANAGMENT FEES

2.INTEREST ON ARREARS FEES

3.LITIGATION MANAGMENT FEES

4.EARLY STATEMENT FEES

5.LATE STAGE ARREARS FEES

6.ADMIN FEES

Am i right in thinking that I can claim all these fees back?

Also if we do take it to court as we are on a low income can we apply for a fee exemption for the initial cost?

and if we lose are we liable to pay any court costs ?

Thankyou for any replies ,regards angnnig

[dx100uk]

i would think

yes and yes

 

dx

[angnnig]

OK Thanks for your reply DX ,time for me to send an LBA,regards angnnig

[angnnig]

Hi ,sent the LBA now and upon reading the POS on paragrph 6 ,it says, (the defendents also levied further interest upon the said unlawful charges of £xxxxx),do I put the interest on arrears figure here?Thank,s regards angnnig

[angnnig]

After sending the LBA to acenden ,I have now recieved a letter of acknowledgment saying they will respond within 4 weeks,Do I have to wait for them to respond or should I just bang them in court now?Thanks,regards angnnig

[angnnig]

We are now in a vunerable position with acenden.

 

We have recently sent an LBA to acenden and the engine has gone on the taxi again,

so my partners not been able to work and has had to fork out £800 for another engine ,

we are now a week late with paying the mortgage and worried that acenden will just evict us .

 

I have sent them a letter by recorded del explaining that we are going to be about 2 weeks late with the mortgage payment which they should have by now.

 

When we sent the lba, acenden wrote back to acknowledge the letter, asking for the charges back and said they will reply within another 4 weeks,

do we wait for them to send it or just take them to court for the charges now,

 

thanks for any replies.

 

Regards angnnig

[Ell-enn]

I think you have to give them the opportunity to respond, but I'll see if anyone else knows better what to do.

[angnnig]

Ok Ellen ,thanks

[citizenB]

If they have advised they will respond in 4 weeks, then that is the amount of time you need to give them. From the date of their letter which advised this, count off the 4 weeks and then continued with your claim if they havent come back to you.

[MARTIN3030]

Traditionally we gave a 14 day prelim followed by a 14 day lba . 28 days was considered adequate. However since 2006 Courts have been seen to want exhaustive pre action protocols. What I would suggest is a response to them saying you will allow the additional 4 weeks but not a day longer,and then you will be filing a claim and make the Court aware that you had given them the 4 weeks requested.

[angnnig]

ok thanks for your advice guys ,kind regards angnnig

[angnnig]

Just had a letter from acenden.They have said that if we dont send proof of the taxi repairs within 7 days from the 7th of this month then they are going to evict us.We only recieved the letter today ,that gives us 2 days to send it to them.regards angnnig

[Ell-enn]

You'll need to send it by special delivery, guaranteed next day.

[MARTIN3030]

Yes there are 2 services for that,one guaranteed by 9am and one by 1pm with both trackable online.

Very often the before 1pm service will get there early morning.

[angnnig]

Ok thanks guys,moneys very tight at the moment, but i suppose its better than getting evicted ,regards angnnig

[angnnig]

Hi i,m not sure how to work the interest out with the mortgage charges,

Do i use the same calculator that i used for the bank charges?

and I,m not sure how to work out the restitutionary damages? .

 

About the POC is that all that is needed for our claim?

 

or do we have to put down the way they have treated us personally as well.

 

Thanks for any replies angnnig

[MARTIN3030]

Flagged.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

dx

[angnnig]

Hi Thanks for the link DX.Can we try to claim restitutionary damages on the basis that Acenden tried to evict us and charged us solicitors costs, as the money we so called owed them was made up entirely of charges? Upon what i have read they have to have deprived us of the money for us to be able to claim restitutionary damages.Regards angnnig

[angnnig]

bump:???:

[MARTIN3030]

Yes there may be good cause to seek restitution.

Before going down this route you will need to have a very good understanding of how to introduce it,and how it is applied in argument.

Good prep from the start will prevent probs later,

Many will fight restitution so it is even more important to be fully understanding of it.

I will try and find some reading for you.