Santander mortgage and Aberdein Considine - reclaiming advice needed

[Jam555s]

Hi team, looking for some advice

 

I have beaten a very serious gambling addiction a few years ago for which I received professional help,

but, left my Santander mortgage on the brink of repossession, over £6k in arrears for a number of years,

have worked 7 days a week, 72 hr weeks on overtime to pay the arrears off, and as of last year it is now up to date

 

I am scared to think of the charges they made on me for my arrears specially as it went to solicitors Aberdein Considine twice,

and they charge£££ hundreds if not more.

 

Now that I am up to date do I have any recourse to claim the charges back?

 

I was never offered interest only etc.

 

Any advice would help

[dx100uk]

yes ofcourse you can investigate reclaiming

 

 

have you all the statements?

 

 

dx

[Jam555s]

yes ofcourse you can investigate reclaiming

 

 

have you all the statements?

 

 

dx

 

Yeah I have a full SAR

 

I seen a template latter under the template section, but want to know what I'm doing first

 

James

[dx100uk]

its a bit more in depth than a supple letter

 

 

if you wish to p'haps be successful.

 

 

have a read of this and let us know how we can help you further

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

[Jam555s]

Hi there.

 

A few years ago i had a serious gambling addiction, in which i fell behind in my mortgage with santander (amongst other accounts)

 

After some professional help, i now no longer gamble, and have worked hard to clear my mortgage arrears

 

I plan to write to santander to claim back arrears fees and legal charges relating to that period, as i feel i was a vulnerable customer, yet bank did not try and help me, but made a lot of money out of me while i was in arrears

 

i have a rough letter, please can you all look over the letter and give me your advice, or even a better letter,

 

Thanks Team

 

 

F.A.O -Mortgage complaints department

Complaints, Santander UK PLC,

PO Box 1125,

Bradford

BD1 9PG

 

 

 

Mortgage number- *****************

Mortgage Address - *****************************

 

I would like to make a formal complaint in relation to my mortgage with Santander and how I felt I was treated during my time within you’re collections department and my spell of financial difficulty.

 

In September 2011, I fell behind with my mortgage due to a severe gambling addiction which I notified you at the time. I feel you were very unsympathetic with my personal situation and did work with me to put appropriate arrangements in place.

 

I completed several I&E during my time within the collections department however as discussed on one of my calls to your department I am the sole contributor to the bills and the mortgage so these would all show as unaffordable to pay my contractual monthly payment + an additional amount to the arrears . The other name on the mortgage, Mrs ********(my mother) did not live with me nor contribute to the mortgage. I was never asked any questions related to my situation, or discuss my I&E and felt pressured in to maintaining arrangement’s which were unaffordable and caused me to borrow additional funds from payday lenders which resulted in me falling further into difficulty and thus incurring more charges for broken arrangement’s.

 

I believe Santander did not treat me fairly while my account had fallen behind, I firstly fell they were too quick to pursue legal action without considering all other options which resulted in me incurring legal charges from yourself, as well as solicitor charges from you’re solicitors and having to pay a solicitor of my own to help causing my to fall even further behind and in a worse off position.

 

I fell the £40 per month charge is excessive and does not truly reflect the work involved in monitoring my account while I was behind.

I believe these charges are a penalty charge and legally unfair in terms of the 1999 Unfair Terms in Consumer Contract Regulations (SI. 1999/2083). I believe this because:

• charges have been imposed on my default, namely because I incurred mortgage arrears;

• default charges at common law must reflect actual costs and the penalties you have imposed far exceed any actual additional administrative costs that my default has incurred; and

• imposing fixed monthly charges because I am in arrears with my mortgage requires me to pay a disproportionately high sum in compensation to you, particularly as during most months I am in arrears you have little or no contact with me; and therefore these charges are legally unenforceable under reference to para 1(e) of schedule 2 to the 1999 Regulations.

Your mortgage default charges are very similar to credit card default charges.

On 5 April 2006 the Office of Fair Trading (OFT) announced that credit card default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the 1999 Regulations. Charges above this sum will be subject to legal action by the OFT (press release 68/06 - online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

 

The OFT stated that a charge is not fair simply because it is below this sum, and I believe that a reasonable charge would be no more than your loss of base rate interest on the sums I have failed to pay. For example, if I was in arrears of £500 for one month your loss would be:

 

(Base rate interest) x (level of arrears) x (length of time in arrears)

5.75% x 500 x 1/12 = £2.39

 

As a resolution for my complaint I would ask for all fees including legal fees/solicitor fees refunded as well as a payment for the distress and inconvenience I have incurred.

Please feel free to contact me on the number below if you need any further information,

Many thanks,

 

James **********

Edited August 13, 2015 by Jam555s

[dx100uk]

have you made a spreadsheet.

 

 

dx

[Jam555s]

thanks for replying dx100uk,

 

what spreadsheet are you meaning, the "CISheet v101.xls"?

[dx100uk]

typically with a mortgage the CI sheet is not worth it as they don't usually charge that much ins

 

 

I'd use the statint sheet

[Jam555s]

is that just for ppi? ive never had ppi, only claiming arrears and legal fees? can you send me a link?

[dx100uk]

StatIntSheet v101.xls

is for 8% simple int

which is prob more than your mortgage rate compounded?

 

 

dx

[Jam555s]

Thanks dx, what do you think of the letter though?

[dx100uk]

I would dump the oft credit charges bit for sure

 

 

dx

[Jam555s]

ahh ok,

 

on what basis should be asking for my charges back? and do you have a more relevant template

 

or could you amend it as you see fit and reply back with it

 

i take it i use the spreadsheet, put in all my charges, print it off and attach to my letter?

 

thanks again Dx

[dx100uk]

yes each penalty fee for whatever reason [arrears, letter, visit etc [any fixed fee thingy]

 

 

put each one on its own row

 

 

if you go read those links I sent before

there are sure to be examples there

 

 

dx

[Jam555s]

Hi DX thanks for your comments

 

am i best to use the template in the CAG template page, with the attached printed out "StatIntSheet v101.xls" spreadsheet?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges-**Correct-as-at-October-2013**

 

kind regards

[dx100uk]

yea that's the one sri I've been very busy

 

 

dx