B of S mortgage **won**

[gerih]

The charges on my mortgage from 2001 to 2003 amounted to £130 for unpaid direct debits and unpaid item fees and default letter fees.I cleared the mortgage on sale of flat in 2003.I wrote to bos asking for these fees back and today got a reply from Sean Cooney,cust sevice officer.He states that i defaulted the terms and conditions of the mortgage (no arguaments there) and so they charged me an admin fee and will not refund the charges.

Is he correct or should i submit the court forms?

[gerih]

The charges on my mortgage from 2001 to 2003 amounted to £130 for unpaid direct debits and unpaid item fees and default letter fees.I cleared the mortgage on sale of flat in 2003.I wrote to bos asking for these fees back and today got a reply from Sean Cooney,cust sevice officer.He states that i defaulted the terms and conditions of the mortgage (no arguaments there) and so they charged me an admin fee and will not refund the charges.

Is he correct or should i submit the court forms?

[BankFodder]

If these charges are fees for having breached th econtract then they are probably dispropoprtionate penalties. In this case they would be invalid. have you read the FAQs.

 

Send the prelim letter from the library.

Then the letter before action

Then your claim.

[BankFodder]

If these charges are fees for having breached th econtract then they are probably dispropoprtionate penalties. In this case they would be invalid. have you read the FAQs.

 

Send the prelim letter from the library.

Then the letter before action

Then your claim.

[gerih]

All above done.I have given them until Mon 6 mar to pay up in full or we go to court.Only £188 but I`d like it back.

[gerih]

Just got a reply from Sean Cooney - customer service officer.All he states is that a litigation admin fee was added to my account etc etc.I never asked for this to be refunded,just the late payment fees,which he totally ignores.

I will be submitting the claim forms to the Bury St Edmunds court on Friday when I`m next in town.I`ve written to Cooney about this.Unless I hear from him by Fridays post,then off to court we go.

[gerih]

Just back from submitting the claim in Bury St Edmunds.I will post on the litigation thread when I know the claim number.

[BankFodder]

he states is that a litigation admin fee was added to my account

 

What is a litigation admin fee? What litigation?

[gerih]

They took me to court for arrears on the mortgage.The litigation fee was for this.That is probably fair enough.My claim is just for the usual charges on unpaid DD`s etc.

Post just been.The courts have sent my form back because BOS is domiciled in Scotland so I have to add the following at the bottom of the particulars of claim:-"The Court has Jurisdiction under the Civil Jurisdiction and Judgement Act 1982 and there are no proceedings pending involving the same cause of action between the parties before a court in a Convention territory".

I suppose that means something to someone.

I`ll take the forms back on Monday when I go to town to pay in my refunded charges from Paragon.

[BankFodder]

Are you in England and did you address the claim to the bank's Scottish address?

[gerih]

Yes to both.Have I missed something obvious on the site?

[BankFodder]

Did you open your account in England? If so then you should have addressed the claim to the branch in england and there would have been no problem.

 

What is the situation now?

[gerih]

I opened the account in England through a London mortgage broker.I can`t remember which broker as it was in 1998,but I`ve probably got the papers at home somewhere.

At present,I have the forms back from the court for me to amend and re-submit.

[BankFodder]

Address it to your branch in England. Why didn't you do that in the first place?

[gerih]

Sorry to be so dim.This is for a mortgage with the BOS.I do not have a bank account with the BOS and never have,so which branch would you like me to send this claim to.They are not exactly thick on the ground in East Anglia.

[BankFodder]

My fault. however, what I am trying to do is to put beyond doubt that the claim is an English claim and is to be dealt with in the English courts.

You took out the mortgage in England.

I would like it far more if you could merely have the claim served on some English office.

 

Surely the BOS are registered in England as well.

[gerih]

I`m sure you are right and I see your point about having this dealt with in an English court.So far,I`ve no luck on google trying to find where BOS are registered in England.I`ll keep trying.

[BankFodder]

Well how did you apply for the mortgage?

[gerih]

I found a mortgage broker in London who could help me get a mortgage even though I couldn`t be removed from my wifes mortgage as we were divorcing.

I am a hoarder so I know that I will still have all the details at home.I`ll dig them out tonight.

[gerih]

No joy yet,but a thought occurs.The BOS is now part of Halifax - hence HBOS.Could I submit my claim to the Halifax reg office and let them deal with it?

[BankFodder]

Why don't you telephone the BOS mortgage division and ask them if they have any English Offices. They will ask yo what for. Tell them that you want to buy one of their highly recommended mortgage products.

I expect that you will get an address. If it is some larger office, make sure that you get th name of a department and a name of a suitable recipient.

[Seminole]

They do have London offices exclusively for Bank of Scotland. I got this one from the Web:

 

London West End

Bank of Scotland

St. James' Gate

14-16 Cockspur Street

London

SW1Y 5BL

020 7331 8777

 

 

They also have their London HQ in the City but I can't remember where it is. I had to visit there once because Halifax couldn't accept cheque deposits into a BOS business account! If the above isn't enough I'll try to track it down.

[gerih]

Thank you so much for that.I`ll amend my form and hand it back to the court tomorrow.

[BankFodder]

We are very quickly discovering that Seminole is the mother and the father and the fountain of all knowledge!! Believe it.

[gerih]

I was just going to change the address of the defendant on the N1 form,but would this be acceptable to the court or should I write the whole thing out again?