Thread: Help with Abbey Mortgages

Originally Posted by Paulyx

Hi Guys..
Has anyone had any joy with claiming or challenging Abbey for the charges they apply for Mortgage late Payment Fees and Failed D/D charges, and Arrears fees. They are costing me a fortune each month. Even thought am now making my mortgage payments they still charge me arrears fees every month etc.
All help appreciated folks..

I had success in claiming back Abbey charges on our mortgage last year (I still have my mortgage with them today)

I did the SAR and got my figures together etc.. used spreadsheet in CAG to lay out what I was reclaiming and it automatically added in the 8% interest for me.

Then I used the Pre Lim letter as like claiming back bank charges - just edited to suit mortgage account number etc.. (gave them 14 days)

Abbey Wrote back telling me I was nuts - it was only bank charges I could reclaim (LOL how daft do they think we caggers are? )

I followed this up with the letter before action which gave them another 14 days and enclosed the spreadsheet again showing them what I wanted back off them. Abbey chose to ignore me.

So I copied both my letters, spreadsheet of charges and Abbey's reply to me and I completed the fos complaint form and sent it to FOS to ask them to look at it.

FOS got ALL my money back and including interest. It takes a little time cause FOS are so busy BUT it was easier than court route for me cause it meant no fees, no risk of costs if I lost etc.. FOS dealt with it all for me.

I asked for all the late payment fees, admin charges, their counsellor fees (they always sent a man knocking door when in difficulties) - I got all of it back no arguments.

Companies don't want FOS to investigate them - it costs them money etc.. so they pay up to avoid investigations

If we go court route Abbey (like any other company) will try confuse and use scare tactics to put people off reclaiming - they are so wriggley and there is always the threats of costs etc.. if a case is lost in court. So I think FOS route is worth trying because the worse that can happen is FOS will investigate to find you were wrong? No costs involved BUT if in court you find you wrong and lose consequences are likely to be high legal costs.

You are entitled to reclaim charges on your mortgage whether or not your mortgage is still with Abbey. I am sure time span is 12 years you can go back rather than the 6 years with Bank charges.

Good Luck!!

Originally Posted by HomerJSimpson

How long did it take with the fos?

And what did you claim back? I'm after the admin fees, failed d/d fees, counsellor visit fees and possibly some of the legal fees. Their charges don't seem to add up when internal solicitors have access to all the information already.

Did you claim interest at both the mortgage rate they charged you and the statutory 8% interest on top?

Thanks in anticipation.

Homer

Hi Homer,

I reclaimed all the failed DD charges, admin fees, counsellor visit fees etc.. I just used the 8% interest in the spreadsheet in here as interest charges - I got it all back off them.

Timescales was the same as using the court route cause I was also doing an Abbey current account charges at the same time through court and they paid both within days of eachother. So time was the same as court (4-5 months I think it was) more or less. Using the FOS was a good way to deal with it cause there was no risk of costs, court appearances etc.. FOS dealt with it completely.

I am not sure what timescales are like now in FOS as they are getting more cases to look at - but I'd recommend it. Keep your complaint simple and just focus on the charges you want back and they'll be able to deal with it easier etc..

Originally Posted by nancyspain

Hi hope you don't mind me tagging on here. We had an endowment mortgage with the Abbey we surrendered the insurrance policy last year and paid off the mortgage. I know there were a lot of late payment charges over the years is it too late to claim these charges back? Any help appreciated.

I wouldn't have thought reclaiming old charges on a mortgage account was a problem - I've reclaimed on closed bank accounts with Abbey so it's a similar thing isn't it? With a mortgage you can go back 12 years - further if you use Financial Ombudsman Services to do it cause they don't use the 6-12 year thing.

If you've a list of all the charges made to the account - you can use the letters in the template library here and adapt it to suit mortgage account etc.. - use the spreadsheet calculator in there too to run up your schedule of charges that you are reclaiming - it automatically adds the 8% statutory interest into it for you to see what you'll be able to reclaim with interest.

Send th Pre Lim letter, wait 14 days then send the letter before action and then once Abbey write back with their reply (probably telling you no chance!!) send it to fos with your list of charges and the FOS will help you reclaim your charges back.

Abbey will settle once they see FOS looking at it for you and you'll have your money back. It's easier than the court route too.

If you haven't your statements to get the information of what they charged you etc.. send an SAR request (from the template library in here) and ask for all the info related to your mortgage account etc.. and they'll send this info to you.

Good luck.

Originally Posted by nancyspain

Thank you very much Elizabeth for your help. I didn't think I could do this, am getting very excited about the 12 year period, I'm gonna be rich

Nancy - how is it going?