National Homeloans - Can I claim back charges

[dx100uk]

Just checked the thread

And this is outside of 12 yrs?

 

Dx

[Fielder]

Hi Dx,

Yes it is outside twelve years, although I did write to them in March 2011 about the charges and they replied by stating 'it is now statute barred' and 'however, clearly you remain at liberty to take whatever action you feel appropriate'.

 

Also, i have looked at the Limitations Act and it could fall under the Part II 32. Postponement of Limitation Period in case of Fraud, Concealment or Mistake.

 

Or am I just being a complete fool?

[dx100uk]

as I pointed to in post 43

 

 

worth a try

[Fielder]

Thank you so much,

 

I needed a little confidence to send this letter and you have helped me.

 

It's very hard sitting on my own trying to work all this out, an extra opinion has been very welcome

 

.

I have sent the letter this afternoon, who knows if it will work!!

 

But at least I've tried

x

[Ruleoflaw]

What fact was concealed or what fraudulent activity was there for you to believe the statutory 12 year period should be extended?

[Fielder]

I believe that because the charges were in extent of the actual costs to them, that is fraudulent.

 

Also, I wrote to them in 2011questioning the charges so that was my initial contact (after mortgage was repaid) and that was within the twelve years.

[SabreSheep]

no no no

 

Ignore Rule of Law

 

As stated by DX it is a "Mistake" not fraudulent or concealed activity.

 

The mistake is that you thought the charges were made lawfully when in fact they are penalties and unlawful.

[Fielder]

Hello Sabresheep

I did mean to say 'Mistake' in my last post, was a bit confused by the fraudulent comment. I said in the letter to them that the charges and penalties were paid by me in the mistake that I thought I had to pay them, and that they were wrong to make a charge that was excessive to the actual cost to them.

[Fielder]

An update on what has happened.

I have had a letter back from them, saying that they take this matter very seriously and are looking into it. So, not an outright NO, but I'll see.

[Fielder]

I have had a letter back from them, with all the usual excuses in it. I am not sure what to do now, is court the next step?

[dx100uk]

well you never give up on the first fob off letter....

 

 

 

 

 

 

scan it up

[Fielder]

Morning Dx, I have just added the first page of the letter, the second I can't scan, but it says;

 

Page 2

I note your comments in relation to the level of interest rates charged throughout the mortgage. At the time rates were historically high and reflected the climate . On 6th December 1990 the standard variable interest rate was 11.34%.

I would reiterate that interest rates were historically high throughout the industry at this time and the rates you were charged reflect both the prevailing market conditions and the underlying characteristics of the residential portfolios under our administration. As such, the rates take into account a number of different factors including but not limited to the cost of servicing, the financial return requirements of the portfolio and the overall performance of the portfolio as a whole.

It then lists explanations of Completion Administration Fee, Default Fees (t&cs), Legal costs, Property Insurance and Property Insurance Tax and Switch Payment Basis Fee.

 

Thanks, F

 

Hello Dx,

I have scanned letter, hope all ok now.

Many thanks,

F

[dx100uk]

can we see the spread you sent please too.

 

 

dx

[Fielder]

Hello Dx,

Couldn't upload file as invalid. I don't know what IPT means, but I included it

[Fielder]

Sorry about the format, tried my best!

[dx100uk]

well if you don't know what something is you shouldn't blindly include it

 

as far as I am aware

its only the fixed sun [£12, £20 etc]

that can be reclaim.

 

if its a spreadsheet

save as .pdf or print to PDF.

 

and attach that

 

returned DD's

late payments

I had arrears fees?

 

from earlier posts

[Fielder]

Well I have just checked the statement they sent with SAR,

and the property insurance that he refers to was included in the monthly payment.

 

In the key that was with the SAR there is not mention of IPT.

No explanation for the charge at all, it's a mystery.

 

Sorry Dx, can you explain what you mean. Thanks

 

I think I know what you mean,

the charges you are referring to are all included in the fees part of the spread,

 

 

the IPT I added as a separate item because I couldn't find any reference to it in the abbreviation sheet

[dx100uk]

well you should make the insurance reclaiming a sep complaint IMHO

you should be able to work out what it cost you PCM from the agreement

if you had existing building ins with say your main mortgage or from another supplier

then its reclaimable.

 

 

as for the arrears fees, DD fees, late fees,

they will be a fixed rounded sum.

like £12,£20 etc.

 

 

and need calculating properly and resubmitting.

[Fielder]

Ok, thanks. I will do that. I did use their buildings insurance as I naively thought it would be a reasonable amount!

 

So, I can easily recalculate the charges, and send the same letter to them stating that it was unlawful?

Or, reply with a more strongly worded letter, not sure how to proceed.

[dx100uk]

well whats left now then?

 

I thought you indicated there were not a terrific amount of actual charges within the ok ones list above.

 

so you need to revise that spread and post it up [you can attach .xls files directly off the go advanced button/manage attachments.]

 

then send a letter in reply to him.

breaking down each of his points

 

but we'll help you with that.

 

dx

[Fielder]

Hello Dx,

 

First I would like to thank you for your patience.

 

I have uploaded spreadsheet, (now it is correct) included are some solicitors costs of £408. I have included these because the arrears at the time (without charges added) would have been just over two months. And I don't think they can try for re-possession unless there are three months of arrears.

 

Looking forward to hearing what you think.

Thanks

[dx100uk]

spreadsheet

 

 

sdr 145 whats that?

7.50 whats that

 

 

sols costs all on the same date?

is there any evidence in the SAR pack they commenced any legal proceedings.

 

 

what date was the mortgage paid off.thats the claim to date.

 

 

using the statint sheet

This first spreadsheet is the latest version of the statutory interest calculator and is used for Single Premium PPI cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans. It can also be used for S69 redress calculation on any sum, like on a closed/frozen interest PENALTY charges claim.

 

StatIntSheet v101.xls

 

you are entitled to 8% statint on the sum from the day after the cisheet claim to date

till today [leave the claim to date as it is [auto calcs]

[Fielder]

SDR is their code for FEES.

 

The 145 was fees added at the beginning of mortgage, maybe admin I think.

 

The 7.50 was added because they increased the returned direct debit fee of 12.50 that month

and so added the 7.50 to the 12.50 already charged.

 

I put the date the mortgage was paid off April 2001 in the claim to box.

 

The solicitor's costs were added to the mortgage on that date, when I went to court

I asked them to stop the charges (I was claiming housing benefit at the time and the benefit was less than the mortgage payment).

Lucky for me they agreed or maybe the court decided, can't quite remember.

 

And I have put the figures into the wrong spreadsheet?

Hope that answers your questions

 

There isn't evidence in SAR pack that they took me to court, but I have the court papers and NHL's solicitor's letters.

 

Sorry me being dense, I leave the claim to date to keep running!!

 

And the solicitor's charges I took from the statement they sent with SAR

[dx100uk]

ok so £145 must go.

so must the sols fees

they are entitled to charge them both sadly.

 

 

re the sheets

no you've not used the wrong sheet

you need two sheets.

 

 

one calcs the charges at their int rate until the day that stopped

 

 

the other cals 8% stat int on the total figure of the CIsheet the day after their int ended.

[Fielder]

Ok, I'll take out solicitor and 145. So the cisheet should be dated from day after mortgage was paid off?

 

Thanks for helping me with that.

 

Next thing is letter...