Getting fees & ERC back seperately?

[Sue_de_Nimm]

Hello All. I have been ripped off by Kensington Mortgages, to the tune of several thousand pounds of fees (£50 a month for being late, plus other sundries) AND had to pay a huge ERC (over £5k).

Can I claim the fees first through small claims & go after the ERC seperately through the main courts?

I could use the refunded fees to pay a BLOODY good lawyer to get my ERC back. Can anyone tell me if this is feasible?

[ukaviator]

Hi Sue De Nim

Yes you can get back the late payment fees.The ERC is also claimable although there are only a few claims going through the process at the moment.It seems that the same rules apply as with bank accounts.I personally have filed a claim against Birmingham Midshires.As it is over £5000 you will through Moneyclaim but will be put into a fast track.The fee with Moneyclaim would be £250,and you can still request with the judge that as it is a consumer issue,that the claim still stays in the small claims section.Have a look at Zoot vs Halifax and Sandy vs Gmac Rfc.I am not sure how to link their threads on here yet.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later.

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time

 

This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

 

Good luck

 

Ukaviator

 

Finally please heed the words of warning here and make sure it doesn’t happen to you:

http://www.consumeractiongroup.co.uk...very-sick.html

[Sue_de_Nimm]

Thank you for your reply, I will take all that on board. I thought I would 'start small' as it were & have a go at Smile for the thousand or so in fees they charged me - after reading everything through of course! Ive had a look at other Kensington Mortgages cases on here & no surprises they are as aggressive as hell - & not backing down. But I knew that anyway. I will need to be VERY well prepared to take them on, & intend to be. They appear to think they are above consumer law because they are not a bank. Hm.

Now, Im not sure if I understood your reply re whether the mortgage fees & the ERC can be seperated into two different, seperately timed claims, through two courts. I think you said they could, but could I just confirm that?

Nice to know that for a mere £250 I can pursue the ERC though. But I would prefer to wait to do it until I have seen some cases decided...

[ukaviator]

Hi Sue DE Nimm

 

That £250 is the Moneyclaim charge.If you lose you may have to pay the other parties fees if your claim is over a certain amount.So be careful.There is small claims,fast track and multitrack.They all are for different amounts being claimed.If it goes that far then try and keep it in the small claims area.I don't know how much your after so can't tell you more on costs.

 

Ukaviator