Britannia mortgage charges reclaim?

[rippedoffagain]

My mortgage is with Britannia.

 

I have searced for them on this site, and found no mention.

 

Does this mean they do not practice unlawfull chargeing?

[Spiceskull]

Not necessarily - it may be that:

 

a) all their customers manage their accounts well to prevent charges

b) none of their customers have heard of CAG

 

But it is strange that they don't get any mention whatsoever, even in the 'Other Institutions' section...

[rippedoffagain]

With regard to arrears charges and reclaiming them. Does the staute of limitations allow us to go back 6 years or 12 years?

[dx100uk]

6

but in all effects there is no limit

 

as they are under sec 32c of the limitations act 'a mistake'

 

but you'll prob have the file to court

 

who against please?

 

dx

[the_shadow]

Hi, this sticky should help...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?244476-Reclaim-unfair-mortgage-arrears-fees-FSA-says

[rippedoffagain]

Britannia Building Society. They charge £25 month.

[rippedoffagain]

Britannia Building Society are saying that their charges have been sanctioned by the FSA and Ombudsman, any advise on the level of charges that have been reclaimed, or are we back to the bank charges scenario, ie they have never been tested in court?

[dx100uk]

well they would say that!

you CAN reclaim them

 

are these bank a/c charges or mortgage

 

dx

[rippedoffagain]

Mortgage.

[caro]

You can claim them.

 

http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296456-New-mortgage-arrears-template

[rippedoffagain]

Thanks caro. This has come about by unemployment causing arrears. They sent the case to local solicitors, I mentioned the charges in reply. The solicitor immediately returned the account to Britannia. Britannia have now said they will not uphold the complaint (what complaint?), and think they can charge me £15 for each statement :-).

[caro]

Thanks caro. This has come about by unemployment causing arrears. They sent the case to local solicitors, I mentioned the charges in reply. The solicitor immediately returned the account to Britannia. Britannia have now said they will not uphold the complaint (what complaint?), and think they can charge me £15 for each statement :-).

 

I daresay they think they can but why would you pay it when you can get so much more info for £10 with a SAR?

[dx100uk]

yep......time for an SAR me thinks

 

go get them charges back!

 

dx

[rippedoffagain]

yep......time for an SAR me thinks

 

go get them charges back!

 

dx

 

CPR possibly.

[caro]

Has legal action started? Why CPR rather than SAR?

[rippedoffagain]

Has legal action started? Why CPR rather than SAR?

 

No. It was returned to them by their solicitors.

[caro]

I'm not very good on the CPR stuff but with a SAR you would get everything. Seems like the local solicitors are not as aggressive as some of the bigger ones used. Would the charges wipe the arrears?

Was there PPI?

Are you able to pay now or is unemployment still a problem?

[rippedoffagain]

I'm not very good on the CPR stuff but with a SAR you would get everything. Seems like the local solicitors are not as aggressive as some of the bigger ones used. Would the charges wipe the arrears?

Was there PPI?

Are you able to pay now or is unemployment still a problem?

 

About half the arrears, no ppi. I may have a job soon.

[rippedoffagain]

If they try to take it to court, I will ask for the statements under CPR. They have not supplied them on my request through their solicitors, so the delay will be their fault.

[caro]

Yes possibly best to let sleeping dogs lie for now, but worth looking into mortgage charges and MCOB to make sure you're ready for them if necessary or when you're in a better position to deal with the arrears.

[rippedoffagain]

Yes possibly best to let sleeping dogs lie for now, but worth looking into mortgage charges and MCOB to make sure you're ready for them if necessary or when you're in a better position to deal with the arrears.

 

Ok, the sleeping dogs have woken up. Their solicitors have advised that they have issued proceedings. Time to ask for info under CPR???

[rippedoffagain]

So what is the procedure here, do I receive a claim form from the court, with defense counter claim etc?

[caro]

You should get a claim with details of how to defend. You'll need to acknowledge first and that'll give you 28 days from date of service to put in your response. If you want to do a counterclaim you'll need to pay for that.

[rippedoffagain]

How interesting. Their solicitors have written and given me a hearing date!

[caro]

Have they put which court?

 

I suggest that you write and tell them that you have not been served with any court papers, and can they let you have copies of all the documentation you should have. Ask which court as you want to contact them to find out why you have not been served the paperwork you need in order to respond to the claim.