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Reclaiming mortgage arrears fees


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I am about to make a claim against a "not so nice" mortgage lender for mortgage arrears fees. Initially went down the unenforceability route as this is for a second charge on my property. The agreement was in dispute, yet they continued to add fees/penalty charges during this time and they informed me that they were drafting in solicitors to commence possession. The following day I receive a letter from Optima (to**ers) who in turn set up Possession proceedings against me. I had no faith in the CMC and their solicitors who I had used in checking the enforceabilty of the agreement and I have since proved correct as neither are no longer trading so I decided to recommence payments and agreegd a payment plan yet they have continued to add arrears fees, returned dd fees, solicitors fee etc. They have since added more than £400 in legal fees to my account and needless to say, I aint happy. Any suggestions where I start anybody

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Hi, usually you would complain to the FOS once you have a final response from the lender however, I'm in a similar situation though out of time with the FOS..am now considering issuing a money claim through the courts but, it's hard to find any good information so, I was going with this:-

 

The High Court has recently decided that these kind of charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. We consider that the regime of late payment charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other sub prime lenders and therefore there is little alternative for us but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to our detriment. We also consider that the charges may be unlawful at common law.

 

and or,

 

The Unfair Contract Terms in Consumer Contracts Regulations 1999 defines an unfair terms as:

"a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the consumer"

 

 

Would like you appreciate some help..

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Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

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  • 2 weeks later...

Thank you very much

I have your letter, I did not miss a payment, A&L returned it - Complete F*Ckwits, HSBC - A&L -back to HSBC I have proof from HSBC, A&L are just ignoring it, Ive been scouring everywere for a no nonsense letter to send them - ;)

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letsdothis - well done on keeping your home :grin:

 

Have you had any response to your letter re charges?

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letsdothis - well done on keeping your home :grin:

 

Have you had any response to your letter re charges?

 

@MKB - Thanks! It was CAG and the members that managed that for us.

 

No unfortunately, I think they have 8 weeks to act and then they have to give me a final response before I can proceed to take it any further. I never had them before so a few weeks ain't really going to make any difference.

 

I will update my original thread once I hear anything.

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I was slightly shocked initially but then found it very funny. I bet you drink pints on a night out as well. :D

 

TBH Most creditors give that impression anyway, they deserve all the abuse or nicknames we give them. If they hadn't of upset us in the first place we would have no reason to lose our tempers etc

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Trust me ........They are Complete F*ckWits, 3 and a half years of these cretins !!!!!! they deserve it

last week when I obtained the strike out the Judge said "If I were you I would get away from these people ASAP

BTW I dont drink at all :D But if I did .................AA here I come

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