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Claiming Back Mortgage Charges. Why not?


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Hi Anna,

 

So your first stage is to add up the charges, then estimate the interest they charged on these unfair charges. By the way, I would not try to claim the solicitor's fees back - just fees like DD rejection, standard monthly arrears fees. Have a read round the site and you will find out what you can and can't claim back.

 

Then send them a letter asking for the return of these charges, together with full schedule of charges and interest. See what they say. It's 99% sure that they will refute your claim so then you have 2 options:

 

The Complain to the FoS route or County court claim.

 

Choice is yours.

 

BAE :-)

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  • 2 weeks later...

There should now be no problem reccovering any mortage arrears fess paid to any lender. They are all charged at an excessive rate.

 

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

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  • 1 month later...
Good luck, I have just sent off a letter asking for all my charges back. More or less the same amounts as yourself. I shall be following your progess closely.

 

he FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.

Please see the links below for summaries and full details from the FSA website.

 

It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.

 

Furthemore, irresponsible lending practices are also unfair and unlawful.

 

Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.

 

You are entitled to refuse counsellor visits and not incur any charges.

 

Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.

We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.

 

It is clear that some mortgage lenders are trying to cheat you out of your money.

 

You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.

 

However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.

 

Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.

 

If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.

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he FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.

Please see the links below for summaries and full details from the FSA website.

 

It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.

 

Furthemore, irresponsible lending practices are also unfair and unlawful.

 

Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.

 

You are entitled to refuse counsellor visits and not incur any charges.

 

Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.

We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.

 

It is clear that some mortgage lenders are trying to cheat you out of your money.

 

You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.

 

However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.

 

Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.

 

If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.

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more spiders webs we find:

Sept 3rd 2010 press release:

"Crown Westfalen Credit Services not affected by liquidation of Crown Westfalen Bank.... in order to ensure future duly monetary transactions and payment processing, CWCS signed contracts with its new transaction partner: DEUTSCHE BANK AG.

CWCS and its UK based sister company Crown Mortgage Management (CMM) have a strategic partner with a lively interest in developing the group's servicing units to national competence centres in mortgage loan servicing and related services"....

how nice for them and we are being taken to court in a repo action by MTR, who are part of CROWN MORTGAGE MANAGEMENT !!

 

wonder if the FSA is following

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  • 4 weeks later...

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Beck

"There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."

 

Barclaycard PPI Refund £4300:whoo:

Barclaycard = Mexican Stand Off

 

TSB = Mexican Stand Off

 

Santander = :mad2: MungyPup is coming to get yahh :mad2:

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good luck gmac fleeced me big time

Hi - thanks for your input - I am still dealing with this case of mine and hope you are going to chase your charges despite what fos say - u can still take it into court and we know that fos get it wrong at times too - lol.

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Hullo All

 

I am new on today and I have an issue with UCB Homeloans if I am on the wrong thread then someone please kindly redirect me where I should be. I let a large house to foreign language students and UCB hired a company called Touchstone - who went to the Principal of the

Language School who promptly pulled out 16 students. I had massive outlay for this as they do not bring bedding etc. The bills were put in

my name. Any way after much trouble caused by their actions they managed to repossess the building and are now looking for 145,000 from me. I am not sure whether I sue them for my losses or re-open the case and appeal (i was a litiigant in person) Any advice anyone

can offer will be grist to the mill as I clarify what course of action I take - I believe they did not follow protocol, but I see on this forum that they use receivers to scare tenants out on purpose so that arrears fly up and the place is vacated and they zoom in. SICKENING STUFF.

Thank you in advance

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As far as UTCCR Regs are concerned I am sure I have seen a judgement where the term allowing legal fees to be charged to consumer was judged as fair as it did not preclude the consumer from actually taking action. Can't find the reference just now. Pity someone from the site team can't chip in with some help... :-(

 

Have you found anything on this yet ?

 

 

Is this an aggressive behaviour under the CUPTR? (correction CPUTR)

 

As, although it does not preclude the consumer from taking action, it does act as a deterrent

Edited by rdm2006
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WOW how far back can you go with all this I must have remortgaged 7/8 times since 2003 and never

looked at the charges, gmac did indeed seem high - they said I was the best repayer they had seen!!

how many erstwhile solvent people have hit the deck with this unfair treatment. Things are no better

with the bale outs as they are agressive now due to having to pay the government back. I wish I knew

the acronym CUPTR - the only thing that can stop a repossession is evidence of fraud and oppression.

This sounds like the correct legal approach on those grounds - deter good word to describe it. They

seek to disable you from taking action - usually because of shell shock

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WOW how far back can you go with all this I must have remortgaged 7/8 times since 2003 and never

looked at the charges, gmac did indeed seem high - they said I was the best repayer they had seen!!

how many erstwhile solvent people have hit the deck with this unfair treatment. Things are no better

with the bale outs as they are agressive now due to having to pay the government back. I wish I knew

the acronym CUPTR - the only thing that can stop a repossession is evidence of fraud and oppression.

This sounds like the correct legal approach on those grounds - deter good word to describe it. They

seek to disable you from taking action - usually because of shell shock

 

Sorry its not CUPTR its CPUTR (Consumer Protection from Unfair Trading Regulations 2008.)

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