kimmy v a+l mortgage unpaid direct debit charges

[kippy2]

i have been written a prelim + LBA to try and recover unpaid direct charges on our mortgage which amount to in excess of 1,000. today ive had a letter saying that these charges only apply to a current account and not mortgage. Surely it doesnt cost 27.50 each time to send me a letter for failed direct debit. what do peeps think issue a court claim now. I am not recovering any ERC just charges.

 

hope someone can help. thanks kimmy

[gizmo111]

Read here http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62003-important-mortgage-claimants-please.html

 

Even charges are not as clear cut as bank charges

[zootscoot]

Hi Kimmy,

 

Two charges claims have been lost in court and there is a danger that they may invoke the indemnity clause in the mortgage to recover legal costs. Having said that one was lost on the grounds that 15.00 was deemed reasonable and the other on the ground that the claimant had not proved his case.

 

Alliance and Leicester had been paying out pretty promptly before all the problems errupted and have not sought to rely on indemnity clauses. But there is a chance that they have seen the actions of other lenders and may decide to change tactics.

 

Ultimately it is up to you as to whether you want to continue.

 

All the best

 

Zoot

[kippy2]

hi zoot, thanks for your comments, think i might have a gander at this, :o will keep you all informed every step of the way.

[biffa1965]

Zoot to date do we have a list of any companies that have appeared to have employed the indemnity causes, im particularly interested in the Bristol and West

[zootscoot]

Those that I'm aware of so far are:

 

Platform, Kensington, GE Money it may have been ME as well.

 

Thats not to say others may now seek to use them

[biffa1965]

cheers Zoot perhaps this is another database we need to create. Companies employing the indemnity cause