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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Woolwich mortgage charges . ***WON***


HP Mum
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I was under the impression that if I was paying regularly that they would not send a repo letter. And certainly not for a tiny amount of money compared to the value of the property. Clearly I was wrong.

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They cant just demand you repay your mortgage without good reason and without following procedure. I have attached a guide that might be of value and your thread has been flagged for Ellen. I am sure she will look in as soon as she can.

 

Please keep any communication you receive from the Woolwich in respect of this, and I would suggest that you either keep all communication with them to writing from now on, or make sure you can record any telephone calls.

 

 

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Mum,

 

You should be as ruthless as possible to cut down on less important payments, so you can meet the required monthly amounts to this priority creditor.

 

I hope Ell-enn can offer you some guidance.

 

:-)

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  • 1 year later...

Hello

 

 

I have a Woolwich mortgage.

I pay monthly and have not missed a monthly payment.

However, I have been late sometimes as the payment is dependent on rental income payments. When I say late, I mean sometimes a few days or a week late in the same month.

Woolwich has been charging me late penalties.

It seems that there is now over £1k in late charges.

And Woolwich consider me to be in arrears due to these charges.

Can they do this ?

It is affecting my credit rating.

 

 

Is there some kind of letter I can write to complain ?

Many thanks for advice.

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follow the link - mortgage - and read about various rulings about mortgage arrears charges and the fines which have been imposed for unfair treatment.

Arrears charges can only reflect administrative losses. How much are your charges?

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Thanks

 

Well the Woolwich letter states "my mortgage account is in arrears" - for just over £1000

 

I received the letter on the same day as the Thanks for your monthly mortgage payment.

 

So the £1000 charges on the account are only due to £40/monthly charges. I am not sure if they add interest to these monthly charges.

They also insist I bring my account up to date within the next 5 days,

And state that CRA will be notified of a default....

 

This just does not seem fair...

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They cannot treat charges as arrears, they are sums added to the outstanding mortgage . Arrears are missed contractual monthly payments and they certainly can't take you to court for possession if you haven't missed any payments and certainly not for owing charges.

 

As BF says charges should be fair and £40 isn't fair - we have a template letter for reclaiming charges.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Actually - I cant find the template.

Any hints or where to look ?? !!

 

CAG library is where you will find all our Draft letters. Top left of the screen - highlighted in green.. However the letter you require is in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

Hi again

Been very slow in getting on top of things...

 

 

I checked out the template letter.

It is a strong worded letter telling the mortgage company [Woolwich] that their charges are unfair.

The leaflets that Woolwich send out - containing the t&c - for Buy to Let Properties, list their charges as £40 for late payments.

Is this template correct?

Can I really contest the £40 charge as unfair?

And can I really ask for them to refund all the charges?

And tell them off for incorrectly telling me I am in arrears - when I am not, their charges have just increased my balance owing ?

 

 

I am just thinking laterally here - if they add the late charges to my balance - does this mean that my monthly payment (interest only) would increase ?

Is this - maybe - why they consider me to be in arrears ?

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Hi, charges added to the outstanding balance of an interest only mortgage will increase your monthly payments as the payment is calculated on the outstanding balance.

 

For instance, if your original balance was £100,000 and £5,000 of charges are added - then your payment will be calculated on £105,000 thus making it higher. However, you should claim back these charges and the additional interest the have charged you so your balance retrns to the original amount.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Mum,

 

Don't be timid in tackling the bank about this.

 

Their charges are unlawful penalties and it's your right to reclaim them in full.

 

Just because the penalties are mentioned in their T&C's does NOT make them lawful. And, if you need reassurance, take a look at your old post here - http://www.consumeractiongroup.co.uk/forum/showthread.php?244006-HP-Mum-v-Barclays-Woolwich.-PLEASE-HELP-***CASE-WON***&p=3004972&viewfull=1#post3004972

 

:-)

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  • 2 months later...

Finally I have got round to write to W.

Just one thing - can I leave the total sum charged blank ? They have not given me a total charges incurred statement. So I was just wondering if it is best to just write refund all late payment fees & charges, rather than the specific £ sum ??

Realised I should get this in now, before annual end of year statement issued....

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Hi Mum,

 

Do you not have full details of all penalties charged by the Woolwich.

 

If not, you should get them using a SAR.

 

You do need the data or they could refund any amount and you'll be unable to checkif it's right.

 

Also, you need the data if you want to reclaim restitutionary interest on the charges.

 

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I don't have an up to date list of charges.

I have a letter from apx 2 months ago stating that I owe £x amount, which they have added to my overall borrowing and which they now consider as arrears.

It adds up to apx half my normal monthly amount

 

Do you think I can re-jig the template letter to ask them to send me an up to date list of charges to date and also, in the same letter, request that they refund all charges, interest added and fees ?

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Do a full comprehensive Subject Access Request now. It will cost £10 and take 42 days

 

Request as part of the letter a "full list of transactions"

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...

Update

Letters have crossed in the post!

 

 

I have sent a letter asking for charges to be refunded and not to put account in arrears.

Woolwich has sent threatening letter, threatening solicitors and legal costs etc, about my "arrears" - which is just the late payment charges not mortgage amounts owed...

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Hi Mum,

 

Can you confirm that you have made the normal monthly mgge payments in the last few months.

 

Did you send Woolwich a SAR to ensure you know about ALL penalty charges.

 

Have you sent a spreadsheet reclaiming penalty charges and simple or compound interest.

 

:-)

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HI

I sent a template letter as advised by Ell-enn and CitizenB above.

 

I am up to date with proper monthly payments.

It is just the late payment fees that they have added to the account that they now consider as arrears.

And for which they are sending threatening letters.

I did notice that they have increased the total in the threatening letter to include this months mgge payment, as it was a few days late ...

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Charges are not arrears and they cannot threaten repossession due to charges on the account.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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