Jump to content


  • Tweets

  • Posts

  • 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
      • 162 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

Charges on a mortgage?


indebtstudent
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5944 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

First I should apologise if I'm wasting your time in reading this. I haven't been as on the ball re charges recently as the main case I was helping my bro with is stayed.

 

However one thing I randomly remembered to day was, when he missed a mortgage payment last year, he was charged by the bank on the unpaid DD and there was a charge on the mortgage. Now he always used to have his current account and mortgage in the same place. The current account is now somewhere else.

 

What I am wondering is would Natwest have made a charge to both accounts in the past? If so are there any grounds to claim back the charges? Interest can add up to a lot in a relatively short amount of time so imagine how much £30 added onto a mortgage could be. In itself not a lot but, if you're in hardship, a few months missed payments will cost a heck of a lot more than the regular interest.

 

I recall the letter said that, if you don't contact them to pay the £30, they add it on to the mortgage. I remember seeing something on here to say that mortgages were different, I think there might even be a specific year which governs whether or not they are covered. So again I say if I've wasted your time I'm sorry. I just want to do my absolute best to put my bro in the position he was in before Natwest's amazing 'sympathetic' approach to hardship sprung into action.

 

Any comments welcome.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

Hi IDS

 

For Credit cards, loans and bank accounts you have a contract (credit or other agreement) and the argument is that charges arise because you have breached your contract and the bank has charged you more than their actual costs which constitutes a penalty for breach of contract. Penalties are unlawful.

 

Mortgages are not the same as other credit agreements. Several people tried to reclaim charges from mortgage companies a while ago and they all lost in court because they were unable to demonstrate that they had a contract with their mortgage company. No contract, no contract penalties.

 

 

Link to post
Share on other sites

I have just issued a claim against GE for unpaid dd charges etc totalling £2K. As far as I am aware these charges can be reclaimed. The cases that were lost were for early repayment charges (for which I have a claim of £2.5K on standby) which were incorporated into the mortgage contract and it is those claims which have failed so far. I am still waiting patiently as I have been strongly advised not to risk claiming at present.

 

But I do think the penalty charges can be reclaimed and I also think they are not subject to the test case and the resultant stay.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

But Goldlady, they failed because the claimant could not demonstrate they had a contract. A claim for late payment charges would fail in the same way unless the claimant could show breach of contract.

 

 

Link to post
Share on other sites

But Goldlady, they failed because the claimant could not demonstrate they had a contract. A claim for late payment charges would fail in the same way unless the claimant could show breach of contract.

 

The contract is made under deed, this allows the borrower to challenge charges going back 12 years.

 

 

MAN OF STEEL HAS WON ON PENALTIES - Mirror.co.uk

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

Link to post
Share on other sites

Paul

 

I'm not knocking your victory but there is a feeling that if such a case actually got to court the claimant could lose for the reasons I gave. Of course, the chances of it getting to court are slim. Having said that, there was a spate of cases last year where people were claiming back early repayment fees on the same basis and they did lose in court.

 

 

Link to post
Share on other sites

Got an offer of £1000 in full and final from GE today! Refused it, then said to my friend - "someone has just offered me a grand and I have turned them down";). I want the whole lot and if they are prepared to make an offer four days after I issued the proceedings - - well we shall see. I want the whole lot - after the stress they put me through:rolleyes:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Paul

 

I'm not knocking your victory but there is a feeling that if such a case actually got to court the claimant could lose for the reasons I gave. Of course, the chances of it getting to court are slim. Having said that, there was a spate of cases last year where people were claiming back early repayment fees on the same basis and they did lose in court.

 

A late payment penalty in contract is unenforceable full stop, whether it be in a mortgage contract, Hire purchase agreement, credit card etc. However, you are right regarding early redemption fees these appear to be legit, but others would disagree.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

Link to post
Share on other sites

I need to check, but I seem to remember that the reason these cases failed was because they were unable to demonstrate that the mortgage was a contract rather than anything intrinsic to the ERF, and hence my caveat above.

 

 

Link to post
Share on other sites

  • 4 weeks later...

Hello again, haven't checked on the thread for a while and I really would like to look into this more. If the mortgage isn't a contract why don't we all just stop paying? What then gives the bank to claim the house?

 

Really need an answer on this as I'm struggling to see the difference, in current accounts and mortgages the customers gets charged for the company doing bugger all (when a payment is missed). £30 added onto the mortgage comes to more than £30 so the banks are at it again.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

I'm not saying it isn't a contract, just that the claimants in these cases couldn't demostrate that it was. In fact there was a bank charges case in Birmingham in the summer where the same thing happened. It got to court (by mistake because the bank forgot about it) and the judeg decided to look at the paperwork rather than just make a judgement. THere were no T&Cs in the court bundle and so there was nothing to prove a contract existed and the case was thrown out. That is why CAG are so keen to find relevant T&Cs now.

 

 

Link to post
Share on other sites

Couldn't an SAR be used to get the T & C's? That's one thing that strikes me as very underhand about the banks, they continually send out the current T & C's knowing full when that the majority of any claim would concern previous T & C's, if they don't keep them surely they have nothing to show they had a right to claim the charges.

 

In your opinion what would happen if someone went to court with the T & C's? This is what I want to know for I don't believe many people care about late payment fees on a mortgage because the funds are added to the account. I don't have a spreadsheet to work it out but I bet it is a nice little earner, particularly when there is more than one missed payment.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

Anyway my basic point is if the current account is charged for unpaid DD and the mortgage account is (in this case the same bank) then the cost to the customer is £60 not £30.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...