Help please - mortgage charges

[towelie]

I got my statements for my mortgage that I used to have with my ex. Totalled up late payment charges etc and sent my prelim with schedule of charges.

 

Today I received a letter back from Halifax claiming that you cant claim late payment fees back from your mortgage account and isnt covered by the Financial Ombussman.

 

Can anyone offer advice plz? I thought I was entitled to claim back late payment charges on my mortgage.

 

thanks

[dolly]

You are. They never sent me that letter - sent me a standard one but never mentioned that at all. Go onto the next stage Just looking at your sig - you are busy!

[towelie]

Ok my next stage is to file it at court. Am a bit weary in case they are right?

[essjaysea]

You are definitely entitled to claim back penalty charges they have applied to your mortgage account. Just because it is a mortgage makes no difference in law.

 

Suggest you send a "Letter before Action" to give them another 14 days, before you file your claim with the court

[gizmo111]

Of course they are not right - there are many threads on this and also this coes from th eOFT

 

"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. A redemption charge may be regarded as a penalty even if it is expressed as the price for exercising a right rather than a consequence of breaking the agreement

Continue claim!