Thread: Claiming back arrears charges from Mortgages PLC-help.

Hi

I've claimed back my bank charges from my bank, am not trying to attempt to with a cc and was wondering if I can claim the following back as well.

I used to have a mortgage with Mortgages PLC, I am no longer with them. During the few months when we had financial difficulties, we were charged around £700 of arrears charges, plus I would imagine interest on these as they were added to the loan outstanding. So can I claim for the charges and interest (solely this interest not the general interest which I realise I can't)?

I have a breakddown of all the charges so what would I need to do next?

Have read through a lot of threads but I'm so boggled not that I am not sure if anyone has actually won these cases or not.

just for the record there were no ERC involved this is purely arrears charges.

TIA

Similar Threads:

• Paid Early Repaym't Charges to,SPPL,GMAC,Mortgages PLC,Kensington Mort. & Birm Midshi
• Mrt PLC - Can I still go after them for arrears charges or are they ill advised as we
• Claiming Refund of charges on Marbles Card where claim is smaller than arrears
• Claiming back fees from C1...can I get interest back on those charges too?
• Future Mortgages - Arrears and Threats!

Thanks for that, I've read through that now and I don't see why I shouldn't give it a go. My bank rolled over and paid up so I've nothing to lose by trying this one. As I am not trying for ERC, I would of thought that makes it a far more cut and dried issue as how can they possible justify £54 a month?

So I will print off the letter tonight and then try to get my head around any interest that has accrued.

Can someone confirm that this isn't one of those cases where they could come after me for their legal costs. I mean as I am no longer with them, could that still apply?

Thanks

Tia

Hi,

Your claim is less than £5000 and will be almost certainly allocated to the small claims track, where each side's costs are generally paid for by themselves. They may apply for costs but it is very unlikely they will get any as long as your behaviour in following court procedure rules etc, is okay.

Anyway, the likelihod is that they will pay out long before that stage!

BAE

but some judges award costs even in small claims cases, which as you say they should not.

So, this means that costs wouldn't be that high then does it? Are the mortgage companies paying out or have they tried to hold off while the bank case goes through?

Due to many reasons I never followed this up before but feel that I would like to now. Can someone advise which letter I should be sending as I am slightly confused and also is it right I can go for the interest as well?

It would be this one I think?
http://www.consumeractiongroup.co.uk...templates.html

Sent them a letter only claiming for the charges, I didn't ask for the interest so the total was aroun £750 in the end. They have sent a letter back saying as I was paying the mortgage when I was with them, then clearly I was agreeing to their t&c's, one of which was that they would charge if I was in arrears. So now what?

Do I carry on with this? Would that be their court arguement? HELP?

Thanks I'll have a look at that. So I now have to do the lba then by the looks of things, can I put this is with a DPA?

I had already received a full break down of the account, so I knew exactly how much these folk had charged me, the penalty fees were all added to the loan rather than paid off separately. Having had their bog off letter back, I take it I am straight to the lba letter? I am happy to do the DPA request, but will it give me any other info I need to proceed?

sorry another question, I enclose below the relevent part of their reply because I am unsure whether these means I cannot use the standard template letter?

" In respect of late payment charges that have been debited to your balance, please note that when you were provided with a Tariff of Charges. This document detailed all administration charges applicable to your mortgage account including arrears monitoring charges....

....As you completed on this mortgage, I feel it is reasonable to conclude that you would have read the Offer document and familiarised yourself with the conditions of your mortgage prior to the completion date.

Had you been unsure of the meaning of any of the information contained in this document, I feel it is reasonle to conclude that you would have sought clarification either from your broker, Mortgage Plc or your solicitor. I can find no evidence to suggest that you sought clarification...

....We regularly review all our fees and charges and we feel that these are fair and reasonable in view of the labour and use of facilities involved in the administration of mortgage accounts, and we therefore condier that these do not exist to punish our customers but are there to compensate us for the cost of administering your mortgage account effectively including the cost of taking legal action (I would imagine they would charge you court costs wouldn't they if it got to that point?) We are satisified that the fees and charges applied to your mortgage to date are an accurate reflection of the work required to administer your account and I am therefore unable to uphold your complaint in this respect nor refund default charges applied to your account.

In view of the above I am unable to uphold your complaint as we have acted entirely within the terms and conditions of the mortgage and within our own collections procedures. Whilst I understand that our decision not to uphold your complaint nor re credit (should not be re credit should it as they account is now closed?) default charges debited to your account balance to date may come as a disappointment, I hope you find my explanation nonetheless helpful.




So do I still go with the normal lba letter? Also is it now time to use the spreadsheet and give them a total plus whatever it says in the interest column?

Thanks luckily I was in time so have sent off the lba as you have suggested with no interest etc and the cca.

Thanks