Paratus. sent Excel counselling service

[sonway]

Hi

 

I made a complaint to the financial ombudsman regarding the charges that this company had applied to our mortgage.

(we are no longer with this company).

 

 

The ombudsman have come to a decision that SPML must pay us 1500 pounds by the 28th August.

SPML have not complied with the ombudsman when they have requested any paper work connected to our old mortgage.

 

 

I dont think that they will pay up by this Thursday, so what will happen?

will we have to take it to court?

Can the ombudsman step in or because they ahve made a final decision is this as far as the ombudsman will go?

Has anyone else been paid up when the ombudsman has dealt with their complaint?

 

Thanks

[Hopeful1]

If you do not receive the payment by the agreed date i think you would need to refer the matter to the Ombudsman again in the 1st instance. They will then explain if they can intervene further or if indeed, you need to take the matter to court. I do not think a court would look kindly on SPML if the Ombudsman has made a decision against then and advised them how to resolve the issue.

[sonway]

Hi

 

I pay my mortgage monthly by payment book,

i originally had a direct debit set up to make my monthly payment

GMAC still continue to try to obtain payment by direct debit

when they cant claim it they add charges onto my account.

 

 

I have spoken to them about this as i recieved some bank charges

they state that they will not refund any bank charges.

 

 

I have aprox arrears of £1500 pound and want to start paying these off

but i dont have a true arrrears figure as they are adding unpaid direct debit fees on when i have already made payment.

 

Any ideas on what to do would be greatfully received.

[42man]

Do you have a full breakdown of all the charges, then if not send a SAR off, otherwise did you see this - 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

[Lea_HTH]

Cancel the direct debit. If you've cancelled it you won't receive any further bank charges.

 

As for the charges that the mortgage co. are adding - as 42Man indicated, you can reclaim them.

[sonway]

We have a small amout of arrears on our mortgage with GMAC.

We are currently been charged £50 per month for this aprox £600 per yr!

 

 

GMAC will not agree with our repayment offer to pay of the arrears over a period of six months.

 

 

Can i request that they stop applying these charges?

 

 

at this rate without GMAC agreeing to a repayment offer the arrears are going to pile up.

 

Any advice would be much appreciated. we are continuing to pay our normal monthly payment.

 

THANKS

[dx100uk]

you can reclaim ALL the unlawful mortgage charges

hit them where it hurts THEIR POCKET

 

see the past issues of CAGMAG or look at the info on our homepage

 

dx

[sonway]

great stuff. How do i go about begining the process of reclaiming?

 

Thanks

[42man]

Have a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?244476-Reclaim-unfair-mortgage-arrears-fees-FSA-says

[sonway]

I wrote to them in July to complain about unfair charges on our mortgage account and fees still been applied.

 

Reply...

 

My view is that the arrears fees have been applied fairly and in accordance with the tariff. This is because there have not been insignificant levels of arrears management activity during the months that the fee has been applied. i would however like to inform you that these fees are added to the overall balance and not the arrears balance, therfore it should not prevent any agreement being rwached or impact your abilty to reduce the arrears.

 

However, although i do not believe we have applied any fees unfailry, in the interests of reaching a quick and amicable resolution to the complaint, i am prepared to reverse £480 worth of fees, if this offer is acceptable, you will both need to sign and return the offer and acceptance slip included with this letter. This offer is to reverse the fees only, therefore it will be deducted from the overall mortgage balance , and will not be applied to either the arrears balance or any monthly payment due.

 

I am sorry that you have had cause to complain, but i am unable to uphold your complaint in this instance, this is because i have found no instance of any fees being applied unfairly and have been applied in accordance with the mortgage terms and conditions.

 

my question is that if there is no problem with the fees why offer £480? and why should it come off the end balance and not the arrears?

 

the arrears are £1700 and we have to pay our normal payment plus £250 which i think is very extreme amount extra when the arrears are so small.

 

any advice what to do next would be appreciated.

 

Thanks

[dx100uk]

write back refusing the offer and remind them of the recent ruling regarding these unfair mortgage arrears

 

dx

[sonway]

I have written to them refusing the offer and asking them for a honest run down of the arrears, awaiting reply from them.

[sonway]

I have a reply, they have told me to put my complaint where the sun dont shine and they wont budge. what now?

[TINK660]

Hi, I'm in the same position as you, sent a letter reminding them of the recent ruling regarding unfair mortgage fees and received back a rather rude letter saying that I have not raised any new information that he hasnt already considered therefore I direct you back to my final response which I have enclosed.

Off to court then, FOS are a waste of time.

At least they offered you something - they offered me nothing, but then it is an old closed account.

[sonway]

Quick question

 

If a mortgage is interest only and it goes to court for arrears is it true that the arrears can not be spread over the life of the mortgage by a judge beacuse it is interest only?

[sonway]

Hi

 

If the full mortgage arrears are paid off does this stop reposession?

 

[BRIGADIER2JCS]

If the mortgage company agrees yes.

[sonway]

so even if the arrears are cleared they still may continue the reposession process?

[BRIGADIER2JCS]

so even if the arrears are cleared they still may continue the reposession process?

 

It will depend on what the conduct of the mortgage has been like

before the lender has applied for repo, more chance they will accept

the arrears if this is a one off event and not likely to happen again,

butb if there are regular events in which the lender has to intervene

they may think enough is e

[sonway]

it will continue? or it will stop?

[BRIGADIER2JCS]

As said above!

[Lea_HTH]

If there are no arrears, there are no grounds for possession. It's different for rentals, where persistent delay in payments, or shortfall payments are a ground for possession.

 

It is extremely doubtful that any judge would award possession or even a suspended possession on the basis of there being no arrears - because it would be open to appeal.

 

But, the fact that you cleared the arrears doesn't mean the court hearing won't go ahead because the mortgagee may decide to ask for an adjournment with liberty to restore, meaning that if you fall behind in payments again within, usually a specified period, they can simply resurrect these proceedings and do not need to start at the beginning again.

Edited June 21, 2012 by Lea_HTH

[sonway]

we were backed into a corner and made to pay 2 mortgage payments per month with arrears of just £1400, we have also been charged £30 per month for been in arrears, can this £30 per month be claimed back? any ideas?

 

[BiGaD09]

I would be inclined to say yes looking at FSA advice. If it can be reasonably deemed that this £30 represented a penalty and bore no relation to the actual cost of administering the mortgage.

[sonway]

Hi

 

In 2006 we took out a mortgage with the above mentioned,

 

the mortgae was not properly sold to us by the broker and

 

we have recently become aware that at the end of our mortgage we are going to still owe a large sum of money

of which we have no plan in place to pay.

 

We have looked at using a no win no fee solicitor to try and sort this out but we would rather do it ourselves if possible.

 

In all honesty i would rather sell up and move to rented,

sick of all the hassle.

 

What would you advise,

 

i am very ready to pack up and leave.

 

I have also been reading about direct debit claw backs for mis sold products,

 

does anyone know if this applies to mortgages too?

 

TIA Sonway