Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4614 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

I have just attempted to start the process of small claim court action - and where you inpit the address, as SL's address is in Scotland it wont let me continue...

 

Can anyone advise me on what to do?

 

STANDARD LIFE WAS BOUGHT BY BARCLAYS recently - should i be suing barclays instead?

 

Also, if anyone else has issues with SL id love to hear - i have many letters ive sent that might help you!

 

Xenia

Link to post
Share on other sites

  • 1 month later...

I too am reclaiming £6k in unfair arrears charges - from standard life - a division of barclays - here is my particulars of claim - any advice, is his correct?

 

BRIEF DETAILS OF CLAIM.

The Defendant’s mortgage lender, Standard life, (A division of Barclays PLC) has acted in an unfair way charging extraordinary fees and interest, without accurately informing the claimant .

They sent a counsellor to the address of the property, without informing the claimant that he had a right to refuse.

When the claimant tried to resolve the problems which his spell of financial hardship had brought about, the defendant mislead the claimant by sending out various letters with conflicting information and conflicting financial amounts. In there correspondence they have acted in an unclear, and unfair way.

When Mr Peel employed a representative to try to help him to understand the conflicting communications, the staff at Standard Life agreed that the file is “hugely complicated” (date) and “difficult to understand.” (date)

Paying these excessive charges has put the claimant into further arrears elsewhere, and has caused further penalties in terms of extra interest and his credit file being affected.

 

 

PARTICULARS OF CLAIM:

Particulars of Claim

 

Unlawful Charges

The claimant had a mortgage agreement with the defendant dated 11.04.2005 granting a secured loan of £33,300.00

The said loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)

The defendant is statutorily bound by Financial Services Authority regulations – Mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000

The mortgage fell into arrears after the claimant was unable to keep up the repayments as required by the mortgage agreement.

The defendant levied mortgage arrears charges against the claimant.

The defendants also levied further interest upon the said unlawful charges

The mortgage arrears charges were levied at a rate which exceeded their administrative costs.

The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR

The level of the charges are also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB

For these reasons the interest charged on the unlawful charges is also unlawful

 

Other Unfair Treatment

 

The defendant has also levied charges in respect of counsellor visits.

Claimant was not told about said counsellor visits, and therefore was unable to refuse them. The fees for the said counsellor visits were levied at a rate which exceeded the actual costs of the visits

By virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under MCOB

 

The claimant seeks the return of unlawfully levied charges: £3,612.83

 

The return of unlawfully levied counsellor visit fees – £93.00

 

Plus associated interest: (figure) 1800 8% 2 years)

(comprising 8% of median amount)

 

Administrative costs 104 hours @ £32.00 per hour =

 

Legal costs: 3 hours @ £180.00 –

Aldo the defendant requests any negative entries associated with this claim on his credit file, to be removed.

Link to post
Share on other sites

  • 4 weeks later...

court case submitted, at cost of £210.

they have until the 3oth June to respond.

Alot of paperwork getting the particulars of claim right for the specific case, but glad its of and i the hands of th litigation department. If they choose to fight it, i will proceed with maximum publicity. watchdog - or is that just pointlessly screened?

Link to post
Share on other sites

  • 1 month later...

Hi there, I redeemed a mortgage with Woolwich in 2008. I'd had the mortgage for just short of 12years. Following a relationship break-up I continually struggled to make ends meet and at times had substantial arrears on my mortgage. Family helped me out at various points.

 

Anyway, having read some Threads on here I thought I'd make an attempt at trying to get back some of the mortgage arrears fees / charges that had been added to my account.

 

Having submitted a claim to Barclays (who took over Woolwich) I've been advised that they've investigated my claim but since the £40 monthly arrears fee was advised on the Mortgage Terms and Conditions provided at the outset of taking out the mortgage and on the reverse of every piece of correspondence issued, they will not be looking at my claim any further........

 

Is this correct - should I just take this as thats it or do I have the right to take it further ?

 

thanks for your time everyone

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...