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Reclaiming Late Payment Fees


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Hi all,

I had a mortgage with Birmingham Midshires, I have recently voluntarily surrended the property to them and am still waiting for a final shortfall figure. I had been looking into reclaiming the late payment charges back when this actually came through but have been reading a few horror stories on the site. My query is that the claims I have been reading that have lost all seem to be for early repayment fees, I only want to claim back late payment fees and I don't think the arguments used would apply to these as they are surely obviously a default charge. Are people still claiming for these with any success?

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You actually are not liable for the shortfall figure if the original mortgage had an insurance policy and insurance clauses - these have been deemed unfair.


Any shortfall figure is now an unsecured loan and therefore is a non-priority debt.


It really depends on how the repossession was carried out, what they are claiming and how recent the reposession is.


Can you give more details? Rough figures wil do. Also the company name concerned would be useful too.

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The mortgage didn't have any insurance on it. Bit of a long story but the short version is that had to move out of the property fairly quickly due to personal issues, was meant to be renting it out but the property was broken into and quite a bit of damage caused which I didn't have the money to repair and wasn't covered. Also lost my job and was unable to make the payments, have been trying to sell the property for the last year and had some interest but no definite offers.

I had kept Birmingham Midshires advised constantly of what was happening but they were extremely unhelpful and refused to allow me a payment break, interest only or any other help and constantly added additional charges every month since the required payments were being made. I need to dig out the statements but think the charges were £50 each.

After a year of me trying to sell they obviously lost patience and issued me court papers for repossession. Was a little annoyed with this as I had told them I was showing the property and if they weren't happy with this I would send them the keys. Anyway didn't have the money spare to make an acceptable repayment offer so voluntarily surrendered the property and sent the keys back less then a month ago.

Outstanding mortgage on the property is about 31k - although they will no doubt add additional fees for valuations etc onto this. I was getting interested parties at around £27k although I don't know whether they will accept lower.

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