Received my bumper pack from my SAR request and contains about 500 pages of stuff plus a CD, after going through this lot I now put the info onto the CISheet which shows total charges of £3806 plus £5013 of compound interest equalling £8820.

Ocean Finance charged £1000 for setting this all up which I guess is their secret commission

Plus there is another £2000 in legal fee's not added to the account but held in limbo and to be charged at the end of the loan term.

My question is do we proceed like we used to when claiming back bank charges and is this the correct letter to use?

Dear Sirs,

ACCOUNT NUMBER: XXXXXXXXXX

I am writing to ask you to refund the charges which you charged to my account in respect of late payment fees to the sum of £ XXXX. I now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations, which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

I would like to bring your attention to the following statement by The Office of Fair Trading:

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

I believe that the charges you have levied of £XXXX far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us that your charges really do reflect your costs.

Thus I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

Yours faithfully,

XXXX

Is it better to use the staint sheet = more wonga?

okay thanks

Is it better to use the staint sheet = more wonga?

can you point me in the right place for the staint sheet, cheers

can you point me in the right place for the staint sheet, cheers

found it

Is it better to use the staint sheet = more wonga?

This sheet appears to be for PPI Redress... with simple interest at 8% the CISheet I applied interest at 11.10% because that was the interest Blemein applied to the arrears. I'm I doing this right?

Just before I send off the letter and CIS sheet just want to make sure that the letter above is the correct one, and has anyone had much success with the company by way of getting back their charges?

This got me thinking,

about 9 years ago we had a repossesion order,

we complied with the terms of the possesion order to continue paying the loan plus an additional amount to cover the arrears.

In 2015 we cleared the arrears and have not missed a payment since

we asked for the possession order to be removed but Blemein refused claiming they can use it any time without having to go to court should we have problems.

Can they still hold a loaded gun to our heads even though we complied implicitly with the order to clear the arrears?

yes sadly.

but wont this wipe it out

use the CI sheet then correct as your int rate is higher

the interest rate we are claiming is 11.10% so this has put our claim up to £8300. The loaded gun seemed all to real, whereas our prime lender Santander capitalised the arrears and ripped up the possesion order, I know it added to the longevity of the mortgage but still it helped me not worry if things go pear shaped.

Received a response regarding my request for a return of the charges,

I'm guessing this is a standard letter and I should now send the LBA?

img-180924213128.pdf

as a results of your old reclaim after the court case here?

we have never put a a claim in for the return of the charges this is our first attempt so I don't know what they are on about.

We did ask for the building insurance to be deducted from the account because this was taken out without our consent and we had a policy in place, thats the only time we asked for a refund of any sort.

This is the first time we are asking for the charges for late or missed payments altogether totally different to the building insurance cost they added to the account.

so you did post 82

https://www.consumeractiongroup.co.uk/forum/showthread.php?132355-132355&p=3606682#post3606682

but in post 103 you say you did complain about charges?

ahh yes I remember this now,

I never got anywhere with my complaint about the building insurance.

To cut to the chase whilst we had a repossession hearing in 2010 which was suspended we asked the judge if the payment dates could be changed from the middle of the month to the end of the month he said that was a contractual issue therefore he was not interested.

These clowns would not change the dates without a Variation order...

the Variation order was pointless as this was to change the terms in a contract not particularly applicable to changing payment dates.

After all said and done they did change the payment date without a Variation Order after we agreed to pay an extra amount to take the payments to the end of the month.

They did not at anytime offer to do this whilst we asked them previously therefore they knew adding late payment fees would amount to a nice tidy sum for them.

I'm going to write to them and ask for a transcript of the phone call and letters which suggest that I asked for the late payment charges back because if I'm right they anticipated that I might go after the charges at some point and thats why they put it in the final response letter.

if you read further down it looks like you did send a letter then?

and read post 121 too

id be sending them an sar its free now if you want the calls but I bet they wont have them.

thats exactly my point no conversation took place regarding the return of the charges before or after the court case.

I have a bumper pack sent from my previous SARS request and I cannot find anything that would suggest i asked for the charges back.

Their last letter is full of BS as it states the charges are correct because their tariff says so...oh whoopi Doo.

There is no mention of "Unfair Terms in Consumer Contracts Regulations 1999" I wonder why?

obviously it wouldn't because I never spoke to them about it as this would have been my first point of argument,

so I know I didn't have any conversation with them regarding late payment charges.

I'm going to write a letter in the next couple of days criticising the stupid letter they sent me

I've gone through the SARS pack and scanned the letters relating to these charges and there is no mention of us requesting the return of them but there is references where we have said that we are not happy with the charges they have applied, would this be a valid argument to proceed with?

valid argument..for what…

you've complained about the charges on two occasions, they've buffed you off...

my feelings are your only route now is a court claim for both lots.....[well the whole lot]

you wont get any where with the fos I bet.

.dont think theres one case whereby they've decided against BF saying tough luck..

things being in their T&C's mean nothing...else we'd have had no PPI reclaims nor bank charges cases won all!!

hard nut though

Okay cheers, I'm guessing the next step is LBA? if so can you send me link to the draft

no need to keep hitting reply with quote

just type..it makes the thread twice as long to scrool thru...…...

I know what ive typed above

click the LBA link in your post...….

Okay my apologies DX no more quotes.

The LBA link goes straight to " Small Claims actions in the County Court FAQ - work in progress" page and there is no LBA template so I'm guessing go straight to small claims?

see the martin2006 or shelley threads then

sure theres a lba for mortgages stuff to.

Found this:-

5 MORTGAGE ARREARS CHARGES

Mortgage Arrears Template Letter

http://www.consumeractiongroup.co.uk...emplate-letter

Mortgage charges and other unfair treament Particulars of Claim template

http://www.consumeractiongroup.co.uk...Claim-template

Categories: Library materials

then got this:-

webbscatering, you do not have permission to access this page. This could be due to one of several reasons:

Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?

If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation. You may not have sufficient posts to permit you to carry out your intended action.

What Happened?

can I have a copy of the mortgage LBA, I have really tried to look for a copy on the forum but when I click on the link it comes out on this page

https://www.consumeractiongroup.co.u...rk-in-progress

adapt

https://www.consumeractiongroup.co.uk/forum/showthread.php?405889-LEGAL-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

I have adapted the lbaand it reads like this:

Dear Sir/Madam,

CARD/ACCOUNT NUMBER: *****

We now understand that the regime of fees which you have been applying to my account in relation to late Payment Fees, Dishonoured Receipt Charges, Telephone Charges, Letters, Buildings Insurance, Monthly Charges and its interest charges, are unlawful at Common Law, Statute Consumer regulations also Unfair Terms in Consumer Contracts Regulations (UTCCR).

We would draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

We calculate that you have taken £3806 in charges and we also claim restitutionary interest of £5230, making a total of £9036.

We enclose a Schedule of Charges listing the amounts that I require to be repaid.

We require repayment in full of this money and if you do not comply fully within 14 days, We shall begin a claim against you for the full amount plus interest, plus our costs, without further notice.

Have I missed anything or can I send it?

Contact Express Claims on 0161 814 9763 they can help reclaim funds

over four weeks have passed and we haven't received a response from Blemein Finance so it looks like we are going to MCOL.

I found dx100 "Particulars of Claim" template which is brilliant as usual but there is also a guide to filling out the claim form on the MCOL site can someone send me the link, thanks