Jump to content


  • Tweets

  • Posts

    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?
    • Probably the case @lookinforinfo Also an update, I've got the registered keeper letter. Just to check that I continue to ignore it until PAP letter comes in?
    • Thanks very much Bank. I've now done a lot of reading and have drafted my Letter of Claim as attached. I look forward to your comments. 16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

West Brom mortgage charges done..now MPPI reclaiming...


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2287 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ukaviator has advised me to post here so here goes.

 

 

Data has arrived from West Brom and I have only just realised that I can claim back 12 years.

 

 

Luckily I moved my mortgage 2 years ago.

Some of the entries have me puzzled.

I am fine on "arrrears" "positive interest" etc.

Can I also claim "admistration costs" "increased rate adjustment" "costs".

 

"Interest for year" at the end of the financial year is fine isn't it.

I'm assuming this is how they legitimately make money.

And I thought an old mortgage account would be a good way to start.

Guilty of reading the wrong threads m'lud- should have left banks alone at the moment.

 

Has anyone got any advice?

 

 

Link to post
Share on other sites

  • Replies 68
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Reading Seminole's guide notes (incomplete) it does state there that I can claim 12 years for a mortgage. Am I wrong? He also states that I cannot claim penalty interest, could this be called positive interest by West Brom or am I getting myself totally confused?

 

This is probably a silly idea (but I don't want to be claiming for the wrong things) so I will contact W. Brom asking for clarification of types of fees etc charged. I mean £500 admin costs - what's that about? Debit interest adjustment £1300 etc, etc. Maybe I can get somewhere then

 

 

Link to post
Share on other sites

Hi Sallysas,

 

I'm about to put some FAQs just for mortgages on the forum. In the meantime the 12 year rule only applies to the principal sums due under the mortgage. If therefore any of the fees were added to the principal sum then they would be subject tothe 12 years if you paid them separately they would still be subject to the 6 year rule.

 

If the admin costs relate to set up of the mortgage then they are not recoverable. If they relate to ending the mortgage then they are recoverable. I'm not to sure about the debit interest adjustment best to get them to explain that one.

 

Hope this helps

 

Best of luck with your claim

 

Zoot

Link to post
Share on other sites

Hi Sally

 

How much is each cost here?.. Is it £25 or so simular to late payment fees etc..?

 

Uk. . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Feeling better now. Was feeling angst ridden days ago due to coming down with a virus. Wasn't making much sense was I? Don't answer that!!

 

Thanks for the postings Zoot and Uk. I have 'phoned the West Brom asking for clarification of the following.

 

Non specified costs were added to the principal sum, usually £50 a time, but one entry is for over £700.

There is also a redemption fee which I have also queried totalling £55.

 

 

Most of the regular fees "arrears" "broken arrangement" were for £20 and £25 which I assume is what you were asking about Uk.

 

 

What might confuse this poor blond pooh bear is the fact I had to let the endowment policy lapse as my ex-husband failed to send any maintenance over from USA twice a year so by the time I was starting to get straightish he would not pay for another period.

 

 

He did sign the house over to me but West Brom insisted on keeping his name on the title deeds just in case I did not keep up payments so he could be chased. In American courts?? Look flying pigs........ This £700 does not fit within time scale however.

 

I did forget to query "increased rate adjustment" but I am fairly confident that because I owed so much in arrears they decided it was not fair on other borrowers so penalised me as I was not paying regularly. What an excuse....

 

It might be sensible NOT to claim "debit interest adjustment" as this might relate to non-payment of endowment policy.

 

I might claim charges back first and then go after Early Redemption. At least I am in the right place for help and encouragement.

 

Going back to work tomorrow so I have arranged to call girl in mortgages re above queries, when I get home.

 

Really enjoyed Money Programme last night. Will this make life harder or easier do you think?

 

Right I think I have just about made up my mind to claim early redemption charges first and then I can apply for arrears charges etc when they have settled.

 

 

Am I right in assuming if I claim seperately, when I fill in both of my N1s the courts will quite likely lump it all together. It would definately be over £5000 in that case.

 

This will consist of early repayment debits and loyalty redemption fees.

 

 

Perhaps this is odd but they have charged - but then given back - the sealing fee when I moved the mortgage to another bank.

 

 

All this happened in 2004 but there was a redemption fee in 1997 so do I include all redemption fees within the erc?

 

 

Link to post
Share on other sites

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

Which relates to the below

 

However, s.32 (1) (b) of the Act says:-

 

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

o (a) the action is based upon the fraud of the defendant; or

o (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

o © the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

 

Is this what you mean I should use? I will check with the west brom but this period may relate to when my ex-husband gave me the endowment along with the house, but it seems a little late to me. More likely that I was unable to keep repayments up and had to let it lapse. Would that be switching products?

 

 

Link to post
Share on other sites

  • 3 weeks later...

I've been ignoring this one 'cos it is not as simple as dealing with bank charges. Stop being such a wimp me!!

 

Does it seem feasible that ' arrears admin fee' pre 1996 be called 'arrears fee' thereafter. The only thing is the amounts vary from one month to the other until I get to August 1997 when it became £20.

 

i.e. £32.84 01/11/94

£29.99 01/12/94

 

The 1st time it was called 'arrears fee' 01/08/96 the amount was £20.41 with subsequent deductions just £20. I am loth to keep contacting them as to the reasons I am asking these questions as they will fob me off. Not the brightest person around.

 

Debit and positive interest adjustments (they informed me) were applied to my account following changes in the interest rate. In 1995 the Society used to project the interest for the year on 1 April and then if the interest rate changed a credit or debit would be applied to my account. I have decided not to claim 'costs' as these relate to solicitors fees (well the large amounts anyway).

 

Have drafted this letter.

 

Mortgage Account No: *********** (Redeemed)

 

Thank you for providing me with my data information in December 2006. However, I require clarification of the following entries.

 

Arrears Administration fees

01/11/94 £32.84

01/12/94 £29.99

 

Increased rate adjustment

30/12/96 £20.20

01/06/97 £89.30

 

Redemption fees

11/07/97 £50.00

15/09/00 £55.00

 

Costs

05/09/97 £50.00 11/05/00 £30.00

03/12/97 £20.00 25/07/00 £10.00

15/01/98 £65.00 08/08/00 £30.00

04/02/99 £20.00 15/09/00 £50.00

05/10/99 £10.00 20/09/00 £70.00

25/01/00 £10.00 07/02/01 £722.50

 

I thank you in advance for your co-operation in this matter

 

 

Am I being totally silly? :-? Sally

 

bump:)

 

 

Link to post
Share on other sites

Hi Sally

 

Looks ok to me too. They do look like direct debit non payment fees or something like that. Manual adjustment of the account maybe. Let us know what they are when they get back to you. How are you getting on with the ERC part?..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

I am ignoring that for the time being as I want to claim charges with the interest (1st time I will be doing this, so more angst ridden questions on the horizon) with the ERC if it comes to less than £5000.

 

 

It it becomes more I will decide whether to put in 1 or 2 claims then.

 

 

With 2 of you looking at my thread I think I can relax and decide that when I ask relevant questions I will get a sensible answer.

 

I have some leave next week so I think I will spend some time at my court asking about exemptions and anything else that seems relevant at the time.

 

 

Might this decision at Newark (Kazzak v lloyds asset card) have an effect.

 

Thanks again Sally

 

 

Link to post
Share on other sites

  • 3 weeks later...

"Patience is a virtue......" Just when I felt like I was being ignored they reply.

 

Arrears Admin Fee "reflect the admin/work generated by the accounts arrears".

2 charges totalling over £60. Are they having a laugh!!!!

 

Redemption fees in 1997 and 2000

"fees charged for redemption statements issued

- the second of which was in connection to repossession proceedings".

 

 

This has me stumped along with costs "remove Interest Differential" of £50.

 

 

For some reason Title Deeds were sent to my solicitor in 1998 and costs of £70 were for "title deeds sent to solicitors for repossession proceedings"

 

 

in 2000 and £722.50 costs were "solicitors costs in connection with repossession proceedings".

 

 

Anything involving solicitors I will not be claiming unless anyone out there has superior knowledge.

 

All other costs are "arrears fees" so no mystery there.

 

They have ignored my inquiry

re: increased rate adjustment in 1997 and 1998.

 

 

Perhaps I should write again.

It is cheaper than the 0845 number.

 

 

Maybe I will get brave and claim it all at once and go for fast-track if applicable.

 

 

Got a lot on at the moment.

 

 

Filing 2 claims at court next week.

 

 

Don't want to spread myself too thin..........:-|

 

While I am being silly.

 

 

Can I claim contractual interest on all this?

 

 

Link to post
Share on other sites

  • 3 weeks later...

It's sad,

but thanks in advance for alerting us to the current problems with ERCs.

 

 

Is it still all right to go after charges or is the current wisdom to leave these alone as well?

 

 

This claim would have been pure profit as well.

 

 

C'est la vie.:-)

 

 

Link to post
Share on other sites

  • 4 weeks later...

Fine I thought.

I can claim my exit fees back.

 

 

But the West Brom don't appear to call them that.

 

 

I moved my mortgage in October '04.

 

 

It does list 'loyalty redemption fee' of £95 which I presume is exit fee by another name

and 3 'early redemption debits' of £621.43, £567.99 ands £31.87 which I cannot claim, right?

 

 

The sealing fee was debited and then credited.

 

 

It looks to me as if they have done themselves out of some money.

 

 

Does anyone else have any thoughts?

 

Perhaps I should write and ask about exit fees or would it be best to let this particular sleeping dog lie?

 

 

I am after all going to claim my charges back.

 

 

Link to post
Share on other sites

I am quite happy to claim contractual interest as I have started proceedings against 2 banks already

- but

- and I am sure this is silly

- how do I decide which rate to apply? I

 

 

had a standard repayment mortgage for most of my years with them but when we first remortgaged with them (18 odd years ago) they were charging us 1.5% above base rate.

I managed to get it reduced to 0.5% above base rate approx 10 years ago.

 

I was charged something called IPT of £13.08 when I ended the mortgage.

Any ideas?

Deeds release fee I am assuming was payable to a solicitor so I will leave well alone.

 

Most people have really intelligent legal queries on this forum but every class has its dunce and I definately feel like I qualify. Sally

 

? Thanks, Sally

 

 

Link to post
Share on other sites

  • 2 months later...

This one has been hanging about forever as I couldn't decide what rate to go for.

 

 

Feeling much happier about what I am claiming now.

 

 

Better see what is happening re: redemption fees for the future.

 

 

Just going for statutory 8% at court when it gets that far.

 

 

Anyone else got a success story for WBBS or just a story?

 

 

Prelim in the post tomorrow.

 

 

Link to post
Share on other sites

  • 2 weeks later...

I have been successfull in getting my ERC refunded.

They paid just on £4,000 last month.

They paid out after the 2nd request refund letter i sent them.

 

i didn't make any claims for any other charges against them, as i didn't have any.

Link to post
Share on other sites

How on earth did you manage that. Well done you.

 

Better send my lba now.

They have totally rejected any notion of giving me my money back stating they have to pay the banks for charges etc, me not making payments on time and I cannot claim back 12 years.

Well, we know better don't we?

Yes we do my precious and we wants it back!!!!!

 

I am a silly moo!!!

Used the ordinary prelim letter with a few aditions of my own from templates library.

As I have finally noticed the excellent letters Zootscoot has put together I have amalgamated these to put an impressive lba together.

Do hope they don't settle though.

 

When this one gets settled one large debt will be gone forever.

Roll on the day!!!!

 

 

Link to post
Share on other sites

  • 4 weeks later...

I am so nervous about this one.

Now don't be silly, you arn't going to end up in court facing a barrister.

It's not as if I havn't filed before for heaven's sake.

 

 

Going to town later to file N1.

I had a letter from them 19 June saying they were sorry I was dissatisfied and would reply within 28 days,

limitation act says I canot go back more than 6 years etc.

I am claiming almost £4000 with the 8% and the daily rate is £0.79.

Wonder how long this is going to take.

 

 

Link to post
Share on other sites

  • 3 weeks later...

Received letter from Miss Gregory (Head of Business Processing and Credit Services) which is meant to intimidate me I suppose.

 

 

She rejects my claiming 12 years back citing the Limitation Act as only being operable for 6 years.

Oh yeah!!! But she has reconsidered and is willing to refund less than £500 which is 50% of my total claim over the last 6 years.

 

 

Glad I'm not mortgaged with them anymore.

Sorry sweetheart,

but my claim is for approx £3000.

 

 

Relevant rejection letter going in post tomorrow.

Wonder if they have received my claim yet?

It is taking a while as I no longer qualify for WTC and the court decided I could afford to pay something towards the court fee so I sent them a payment close to payday.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...