Reclaiming Abbey mortgage early redemption fees.

[zootscoot]

Hi Anna

 

You must be holding the record on the longest ERC claim!

 

You'll get there in the end. They can not use the no breach argument if they repossessed the house.

 

All the best

 

 

Zoot

[Maud Boggins]

Hi All - can someone help me with my situation and early mortgage redemption penalty?

 

My solicitor failed to send me the completion statement yesteday when I sold a house. If I'd have seen it I would have noticed I was a month away from being free from redemption penalties!!!! I have therefore been charged 5 grand!!! £5000!!!!!!!!!! For being a month away from the end!

 

Can I pay the remaning one months payment and get a refund?! It seems so unfair and surely cannot reprsent an accurate and fair amount of costs to them!!!

 

PLEASE HELP! I HAVE BEEN IN TEARS ALL NIGHT AND I AM SO HEARTBROKEN AND DISTRAUGHT.

 

MANY THANKS

 

Maud xxxx

[gizmo111]

Hi All - can someone help me with my situation and early mortgage redemption penalty?

 

My solicitor failed to send me the completion statement yesteday when I sold a house. If I'd have seen it I would have noticed I was a month away from being free from redemption penalties!!!! I have therefore been charged 5 grand!!! £5000!!!!!!!!!! For being a month away from the end!

 

Can I pay the remaning one months payment and get a refund?! It seems so unfair and surely cannot reprsent an accurate and fair amount of costs to them!!!

 

PLEASE HELP! I HAVE BEEN IN TEARS ALL NIGHT AND I AM SO HEARTBROKEN AND DISTRAUGHT.

 

MANY THANKS

 

Maud xxxx

 

So have you actually paid this or is this just a redemption figure?

[Maud Boggins]

Hi Gizmo. The money ha sbeen taken from the sale proceeds. I have been reading up on this all night and every single solcitor's website I can find says they will let their client's know what the figures stand at before completion. However, in the absence of this being a solicitor/client problem - I am goin to have to consider the reclaim route from the lender. God this is a nightmare. Wjat an awful start to themonth!

 

Do you have any suggestions?

[ANNALH]

Well I havent heard from Abbey yet, im beginning to wonder if the court order was typed out correctly as the staff at my local court have a habit of making errors and crossing them out and writing in the correct word. I wonder if the bit that said 'the defendant must contact my ex and get his permission to be joint claimant etc' should have said 'the claimant should do this'? I think i will ring the court to check.

Do you think i should contact Abbey again to see if they have made contact etc? I think if the court order is right and they are supposed to contact my ex then their letter telling me to do it was very cheeky!

Its dragging on and on and i just want to get a result now.

[ANNALH]

Help please.

 

Abbey said they havent been able to trace my ex to add him as a claimant.

What happens if we get to April (the date the court gave as a deadline) and they havent found him.

Seeing as the court ordered abbey to find him because it was them who applied for the order to halt proceedings while he was located etc..

 

I do not have a current address for my ex. But if i could find him would it be beneficial for me to help them?

 

The court wouldnt strike out my claim if he couldnt be located would they?

[ANNALH]

Help please.

 

Abbey said they havent been able to trace my ex to add him as a claimant.

What happens if we get to April (the date the court gave as a deadline) and they havent found him.

Seeing as the court ordered abbey to find him because it was them who applied for the order to halt proceedings while he was located etc..

 

I do not have a current address for my ex. But if i could find him would it be beneficial for me to help them?

 

The court wouldnt strike out my claim if he couldnt be located would they?

 

This bit from the court order says that no order will be made till abbey have complied. So what happens if they can't? will the court make an order in my favour? will they set another hearing date with just me as claimant?

 

1. Notwithstanding the draft consent order filed (in any event a photocopy) no order to be made until the Defendant has complied with CPR 19.4 (4) (a) & (b) (Consent of proposed additional claimant)

[zootscoot]

I don't know Anna, it might be best to phon the court to find out

[ANNALH]

I havent had a chance to speak to the court yet to find out, but Abbey contacted me to ask for my ex's address and i said all i had was his parents address so i gave them that. Ex is going to have a shock when they contact him (if they manage to speak to him as my bet is he will avoid them as he will think he owes them money). Well is Abbey have satisfied themselves they have done their best to try to contact him do you think they will forget about making him joint claimant? or will they ask the court for more time/to make an order that he be added etc?? Im confused with this CPR 19.4 issue now.

[ANNALH]

I am going to write to court to ask them to continue with proceedings as Abbey cannot comply with CPR 9.4 as they have been ordered.

 

Is this letter ok?

 

Deputy District Judge

xx xxxxxx xxxx

xxxxxxxxxxxxx

xxxxx

xxx xxx

 

 

Dear Sir,

 

 

Re: x-v-Abbey National Plc, Claim number: x

 

 

 

With reference to the above claim, the Defendant has informed me they are unable to locate Mr x and therefore are unable to comply with CPR 19.4 (4) (a) & (b).

 

In the circumstances, in order not to delay the matter further I would request that you consider making an order per my application originally listed for hearing on 20th February 2007 (disclosure order).

I do not feel that my application needs a hearing as it is straightforward and would enable discussions to take place between the Defendant and myself to settle the claim.

 

I look forward to your reponse.

 

Yours sincerely

[tamadus]

Annalh,

 

IMHO as Abbey were ordered to locate your ex then they should do it. I see no reason why you should be barred from persuing your claim if they (wityh their resources) cannot locate him. Although it may make it easier if you could contact him and get him to sign an agreement to the claim.

 

I think I would send the letter to the court.

 

Did you get my PM last week ?

 

Tam

[ANNALH]

Hi Tam,

 

Thanks for the advice. Ive been catching up but I did get it thank you. I would love to have a chat with you when i have had an update from the court as I am hoping they make a disclosure order which may well see Abbey panic and settle so it doesnt get into court.

 

Ive got a hectic week next week as we are house hunting but I would definetely love to have a chat with you and pick your brains so if we could speak maybe next weekend that would be fantastic.

 

Take care xx

 

Anna

[tamadus]

Sure thing Annalh anytime your want to

[ANNALH]

Abbey settled my 'admin charges' but they wont budge on the ERC.

 

Well its a small victory at least!

[ANNALH]

I recently wrote to them to ask for proof of the other costs they added onto my mortgage account totalling £3500. Such as repairs fees, litigation fees, etc. Well today they emailed copies of various invoices that show these figures so I guess thats the end of this case. They have proved they incurred these costs so I accept that. Im going to forget about the ERC unless there are any further developments in the future.

[northdesk]

ime trying to reclaim a product related charge for a fixed combination mortgage which had £2200 cash back. This was at a fixed rate of 7.45% over a 6 year period . i originally put in a request for an unfair charge as i had to pay the cashback in full despite having mortgage for 3 years 2 months before redeeming it.

What I have just noticed going through old paper work is that I also had charge of the fixed rate at 7.45% for a penalty period of 300 months on a balance of £35570.59 which resulted in a charge of £2178 , surely at worst this should be for 72 months or at 34 months having already paid 38 months of mortgage term. I am still awaiting a response from Abbey regarding this , just wandering if anybody has experienced the same problem and also what chances I have of getting a refund.