Hi,

Can anybody tell me if 10 years of loading charges on my mortgage when I was in arrears were illegal? Urgently need help.

Thanks

Pete

If the charges didn't reflect their actual costs then the answer is probably yes. I'm in the process of dealing with my old mortgage company (Souther Pacific) on exactly the same issue. They owe me £1,500 and I want it!

Agree, but 10 years will cause problems - for the moment :twisted:

Start with 6

You are asking these questions which indicates to me that maybe you haven't read around the forum yet.

Please read it up before asking further questions - then come back here.

no it wont, the statute for limitations is twelve years with property

no it wont, the statute for limitations is twelve years with property

But the cause of action here would be in contract.

property limitation periods apply to actions for possession.

hi give me some very much needed advice . the bristol and west loaded up on me for ten years when i was in arrears with my morgage . from 1990 till 2000. when i redeemed the morgage in 2000 i had to pay them five grand more than what i borrowed and they also charged me 250 pounds for a letter to tell me the redemption charge. can i get this money back they have treated me like trash for years every time ive written to them . i tried through the banking ombudsman years ago but it was a waste of time please advise thanks petere

This could be very interesting and very amusing.

In a way it could be argued that you are time-barred in respect of most of your money.

On the other hand a counter-argument could be that although the charges were made more than 6 years ago, that they were only actually levied in 2000 and so 6 years began to run from then.

I would expect that if you began a claim that one of their arguments would be the former. Your's, of course would be the latter :twisted: - and I rather do fancy your chances quite a lot.

Firstly, have you got all of the details of the charges? Are you sure that they are penalty type charges or are they interest on unpaid capital etc?

Secondly - and very importantly. What date was the redemption. You don't want to be out of time. What date was the letter because that sound pretty unreasonable too. Was the cost of the letter agreed at any point in your mortgage contract?

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On another point, can you let us know about your complaint to the Ombudsman in a separate thread. It would be of interest to many people. Thanks

the statute of limitations for property is 12 years. how many times do i have to say it!

the statute of limitations for property is 12 years. how many times do i have to say it!

I repsonded to this in another thread. Could you give me the section to whch you are referring please so that we can clear this up once and for all.

I forgot to say that your claim may well be for more than £5000 - the Small Claims Track limit for "No-costs" protection.

You would have to scale down your claim or else bring fast track claim which would you expose you to a limited costs penalty (about £750) if you were to lose.

Hi all,

The limitation issue is as follows:

For breach of an ordinary contract the limitation period is 6 years from the breach. For contracts executed by Deed (e.g. mortgages) the limitation period is 12 years.

The 12 year limitation period is not connected to or dependent on the subject matter of the contract being "property", but to the fact that the contract is executed as a Deed. Hence any contract executed as a Deed will have a 12 year limitation period.

Hope this helps.

The 12 year limitation period is not connected to or dependent on the subject matter of the contract being "property", but to the fact that the contract is executed as a Deed. Hence any contract executed as a Deed will have a 12 year limitation period.

 

Hope this helps.

Thanks - this helps a lot. This is the part I hadn't realised. Could you let us have a section number please.

Sure.

For the ordinary contract 6 year period its section 5 Limitation Act 1980

For the specialty (deed) 12 year period its section 8 Limitation Act 1980

Thank you - and now it is glaringly obvious

hi in reply to your questions.the morgage was redeemed in may 2000.original morgage was with the cheshunt building society .they were taken over by the bristol@west less than two years into the morgage i was in arrears due to unemployment .and ill health i.e i had cancer i was only paying according to them interest only payments .but they loaded the payments up by alot per month . i borrowed 36000 pounds and paid back in may 2000 41000. and yes they did charge me 250 pounds for the letter in april 2000.

hi in reply to your questions.the morgage was redeemed in may 2000.original morgage was with the cheshunt building society .they were taken over by the bristol@west less than two years into the morgage i was in arrears due to unemployment .and ill health i.e i had cancer i was only paying according to them interest only payments .but they loaded the payments up by alot per month . i borrowed 36000 pounds and paid back in may 2000 41000. and yes they did charge me 250 pounds for the letter in april 2000.

hi give me some very much needed advice . the bristol and west loaded up on me for ten years when i was in arrears with my morgage . from 1990 till 2000. when i redeemed the morgage in 2000 i had to pay them five grand more than what i borrowed and they also charged me 250 pounds for a letter to tell me the redemption charge. can i get this money back they have treated me like trash for years every time ive written to them . i tried through the banking ombudsman years ago but it was a waste of time please advise thanks petere

I suddenly realised that this thread seems to have forgotten that you asked for some advice. Sorry.

It is going to be fun because you are going to claim for 10 years of charges and they are going to kick up a hell of a fuss about it.

Have you got all of your charges worked out or do you need statements?

If you need statements then go about getting them either by ordinary enquiry or by DPA request of you need to.

When you know exactly what you are claiming then ask them for it.

If they refuse then a warning - 14 days

Then the Good News.

hi give me some very much needed advice . the bristol and west loaded up on me for ten years when i was in arrears with my morgage . from 1990 till 2000. when i redeemed the morgage in 2000 i had to pay them five grand more than what i borrowed and they also charged me 250 pounds for a letter to tell me the redemption charge. can i get this money back they have treated me like trash for years every time ive written to them . i tried through the banking ombudsman years ago but it was a waste of time please advise thanks petere

I suddenly realised that this thread seems to have forgotten that you asked for some advice. Sorry.

It is going to be fun because you are going to claim for 10 years of charges and they are going to kick up a hell of a fuss about it.

Have you got all of your charges worked out or do you need statements?

If you need statements then go about getting them either by ordinary enquiry or by DPA request of you need to.

When you know exactly what you are claiming then ask them for it.

If they refuse then a warning - 14 days

Then the Good News.

hi bristol@west have posted a reply asking for 14days to investigate my charges . yes i did inform them about the dpa i did it by email .thoe they did not mention the letter charge of 250 pounds.ive phoned them and pressed the issue about dpa and told them i want all charges listed and the letter charge so ican take them to court.i wrote to them last year about this trying to get money back but they said i was out of time she was a nasty piece of work .now i know about this site im hopeful.let you know what happens when i can thanks peter

hi bristol@west have posted a reply asking for 14days to investigate my charges . yes i did inform them about the dpa i did it by email .thoe they did not mention the letter charge of 250 pounds.ive phoned them and pressed the issue about dpa and told them i want all charges listed and the letter charge so ican take them to court.i wrote to them last year about this trying to get money back but they said i was out of time she was a nasty piece of work .now i know about this site im hopeful.let you know what happens when i can thanks peter

hi bristol@west have posted a reply asking for 14days to investigate my charges . yes i did inform them about the dpa i did it by email .thoe they did not mention the letter charge of 250 pounds.ive phoned them and pressed the issue about dpa and told them i want all charges listed and the letter charge so ican take them to court.i wrote to them last year about this trying to get money back but they said i was out of time she was a nasty piece of work .now i know about this site im hopeful.let you know what happens when i can thanks peter

I'm sorry to ask you this but would you mind awfully discovering the whereabouts of the Caps key, the space bar and the return key on your keyboard.

It would make it very much easier to follow what you write. This may to some extent explain the delay in responding to you.

hi bristol@west have posted a reply asking for 14days to investigate my charges . yes i did inform them about the dpa i did it by email .thoe they did not mention the letter charge of 250 pounds.ive phoned them and pressed the issue about dpa and told them i want all charges listed and the letter charge so ican take them to court.i wrote to them last year about this trying to get money back but they said i was out of time she was a nasty piece of work .now i know about this site im hopeful.let you know what happens when i can thanks peter

I'm sorry to ask you this but would you mind awfully discovering the whereabouts of the Caps key, the space bar and the return key on your keyboard.

It would make it very much easier to follow what you write. This may to some extent explain the delay in responding to you.

hi sorry but my son does this for me as you can tell im not very good at computers. im waiting for him to come back from work. thanks peter

hi sorry but my son does this for me as you can tell im not very good at computers. im waiting for him to come back from work. thanks peter

Hi need your help and advice.

Bristol@West have put my complaint through there internal ombudsman.

HE should have responded to me today about my request about charges on my account over a ten year period

Phoned them yesterday spoke to richard in the morgage department he confirmed that they would have to reply today about my dpa request.i said they were leaving it abit late .his reply whas it could be by phone.

I asked richard to tell them under my dpa request that i wanted a list of all loading charges and redemption . letter charges over the ten year period and to inform there internal ombudsman i was not interested in there internal procedures.And i would be making a formal complaint about this to the commissioner.

Guys should i just go to the courts. I reckon the loading charges over ten years add up to Ten grand then the redemption charge of over five grandand all there letter charges the last one cost me 250 quid.

Then theres the fact of all the interest on that money . And to pay them back at the time in may 2000 i had to take on a bigger morgage and extend the years on it over the last five years ive paid twenty five grand in morgage payments i feel very bitter and twisted about this please help

with sound advice on my next action sorry about the writing im no good on computers

thanks peter