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Not sure if I am in the right Forum, sorry if it's not
Presently I have mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine
However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this?
I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk
My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges
Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it.
Anyone got any help, advice, or basis of letters that I could use?
I had a similar situation over a year ago where the judge agreed I could pay £70 per month towards the arrears, it was also pointed out to me that only £55 of that would actually count towards the arrears as there was a £15 each month charge for the arrears. And this was agreed by the judge!!!
£50 seems excessive though. pretty sure they could be reclaimed!!
TezViper
TezViper
I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.
Lloyds TSB settled in full before hearing
Cap One offered full settlement and default removed.
If I help in any way then please donate to the site when you are succesful
You should challenge the charges in the same way bank charges can be challenged. You should also consider a complaint to The fos on the grounds that the lender are not adhering to The FSA guidelines on mortgage arrears.
Not sure if I am in the right Forum, sorry if it's not
Presently I have mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine
However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this?
I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk
My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges
Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it.
Anyone got any help, advice, or basis of letters that I could use?
Not 100% sure but I think this would come under the same sort of claim as current account charges. As I understand it some people on here have claimed these back in the same way they have claimed the unlawfully high charges on the bank accounts. I would have thought they could charge interest on the arrears but this extra £50 appears to be a penalty fee.
Not sure how the court action affects your claim but I would have thought it only supports your position.
I'm sure a mod or someone with more knowledge will be along shortly.
good luck
ali x
Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.
All ccj's now dropped off file, 2 yrs to go to clear file.
All old debts either settled or made unenforcable.
Not sure if I am in the right Forum, sorry if it's not
Presently I have mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine
However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this?
I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk
My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges
Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it.
Anyone got any help, advice, or basis of letters that I could use?
Not sure if I am in the right Forum, sorry if it's not
Presently I have mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine
However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this?
I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk
My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges
Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it.
Anyone got any help, advice, or basis of letters that I could use?
I'll move you to the mortgage forum where you wil lfind the info you need in the stickies atthe top.
Which mortage co, and as it is a debt secured on your home, it may be prudent to wait until the arrears are cleared.
Is this allowed?
Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the mortgage
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