then they must be in the sar return you'll send them then.

unless this insurance was something else you signed up for?

All letters and SAR's sent I will update in due course. Thanks to all.

Got a response back from this lot,

first letter is 95% about how they will obtain possession order etc etc,

the bit I noticed most was when they refer to the arrears,

currently £1600 and decreasing, plus the figure from the other statement they sent me for the first time containing admin fees

- insurance fees etc going back to 2009 totalling £4500 as a combined £7000 of Default fees.

They are therefore telling me in writing that admin fees and charges for insurance are now Default fees ?,

and not straight forward charges for things they see as legitimate ?

Is it time to involve the FCA ?

Also if a mortgage is transferred to another company,

does the old possession order transfer as well.

We had one in 2009 with JP Morgan which they never enforced but Rooftop are getting all excited about ?

bogus fees and charges can be reclaimed

check your land registry entry

if its not in their name they can go whistle!!

bet the letter says instructed and might nor WILL anything.

dx

Had another demand from Rooftop this morning, wording changed from may to will so getting worried.

The suspended possession order as stated was granted for JP Morgan,

I have checked land registry and our house is now registered to Rooftop.

Cant understand the sudden change of attitude by them,

the arrears have decreased but they are now stating that the judge in 2009 ordered we pay back £173 per month above the usual payment which we cant remember although we did clear the arrears at the time. The latest ones are since 2014 but are decreasing.

For info Rooftop took over the mortgage in December last year.

Arrears currently £1700 with monthly payments due of £630,

so just under 3 months and like I say decreasing.

Any advice please ?

You cleared the arrears demanded by the 2009 repo

They can't just state your payments should have been the same

Sounds Luke they don't know what they are doing

So how's this £11k? reclaiming going??

Surely the ins reclaim will wipe out the arrears

Scan up this letter to pdf

Will do dx, I have statements for the charges but cant for the life of me find the template on here to work out the 8% etc, can you point me in the right direction

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

statint sheet

one for the extra unnecessary building insurance [£39 PCM wasn't it?}

one for the penalty/arears charges

read the notes on the sheet first

Thank you, got it up to over £4k before I split it so lets see what happens. Hopefully it will make them wind their necks in until I can clear the arrears.

And the Letter before action, I have an old one from bank charges days but is there a specific one for this please

well not an LBA yet!!

theres a charges letter in the mortgage section of the library I think

Yes your right Ill send them the letter first but we know they will bat it off so just wanted to be ready.

Thanks again for your help so far.

Done the spreadsheet as instructed, the Insurance one comes to £1100 and the fees on to £4000 +.

Now I know I am not going to get a pot of money without a fight, especially as I haven't actually paid these fees

- they seem to be in a separate pot away from the main mortgage, and then they will knock off a few with some legal excuses, but am now fed up of the bullying from these guys.

I have completed the template letter, this mentions the Ombudsman is that the correct one ?

Re the possession order, if it was granted to JP Morgan back in 2009 and the arrears reduced to nil by 2013 are Rooftop who have the account since Dec last year able to enforce it again ?

I believe yo could have asked for it to be quashed or whatever the terms is if no arrears then existed for a long period of time.

Ive written to them as advised, re the order yes it was a to do back in 2013 but with the best will in the world we didn't imagine we would have the last 2 years we have had.

Anyway upward and onward.

Just got a nice letter off the tax man as well, I have now gone into 40% just and have been underpaying for last 4 months so I am on paper £40pm worse off. Would love to know which serial killer I was in a past life because boy am I paying now !!!!

Got a response from Rooftop, they deny any wrongdoing re charges and seem to be confusing things with PPI as the defence seems to be that admin fees are not PPI charges.

Re the insurance charges, they want me to supply copies of my own insurance docs from 2007, after all isn't that something we all keep in next to the fireplace just in case.

So looks like its off to the FOS and the long wait that entails.

Re possession proceedings it seems they are still keen to enforce the order from 2009, I have pointed out that the arrears where cleared in 2013 and that the recent ones are separate but as expected they feel the order can still be enforce so we are in for a worrying few weeks.

Had a response from the FOS and as usual my complaint was rejected, the person dealing with it all didn't seem to understand the crux of the complaint and i feel he has just batted me off without a real fight.

Has anyone had recent success reclaiming charges as this appears to be my only route now.

escalate to the ombudsman himself

you have 2 sep issues

reclaim of unnecessary buildings insurance

reclaim of unfair penalty charges.

Thanks dx, I have emailed the chap who made the decision not to go further and asked him to send my complaint to the Ombudsman direct. After receiving an idiotic reply that attempted to make me sound like someone who has never done this before, I replied at length and have heard nothing since despite reminders.

Am I at the stage to consider court action before time runs out ?

YOU go to the ombudsman, they cant.

How do I complain direct to the Ombudsman, everything on the FOS site points to the online form which I have already done and had an answer of sorts

you write using your ref number and ask for the case to be escalated as post 34

Update and quick question, I have had a response now from the ombudsman having insited that the investogator referred it to him and the likely decision based on a letter received Friday is that they feel that all the arrears fees and charges are fair and in line with the conditions of our mortgage. I have explained that as the account has now been sold to Rooftop and they are now applying further £50 per month charges plus interest does that not make them penalty fees on the penalty fees, but the ombudsman seems to think this is ok.

So am I no stuffed and having to pay the £4500 in charges etc when I finally manage to sell up and free myself of these clowns ?

fos never side with penalty charges reclaiming.

dx

So what are my options, is court the only one left now. I am not willing to give up but would welcome some opinions please