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SPML / Capstone charges reclaim?


mustard7
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HLC is reclaimable, you should not however at this stage claim for Early Repayment Charge as it is not a 'penalty' as such, HLC has been deemed one as they 'factor in' this in your interest rate - so you get charged double for borrowing above a certain amount.

 

ERCs are a very dodgy area to reclaim, valuation fees also are a fair charge so don't reclaim that as it could make them throw your entire case out on a 'technicality' (funny how these 'technicalities' work for them and not for us, isn't it?)

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use the highest int rate you can see, or average the rate out but just use one SOC .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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use the highest int rate you can see, or average the rate out but just use one SOC .

 

dx

 

Just thought I'd chime in that I got my paperwork from Capstone yesterday. Made uneasy reading. I will be starting the process of going through it too.

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Just a quick question.

 

Sillygirl, you posted and said that reclaiming the Higher Lending Charge (HLC) was allowed as it was deemed unfair.

But in the stickies it states that you cannot reclaim the HLC.

Anyone else shed any light on this charge?

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Maybe once you have been through it joyjoy, we could compare and see if we are both in agreement about what charges to reclaim?

 

Hi mustard7, I completed the spreadsheet but also not sure what should or shouldn't be there. Did you include "interest on arrears" charges? I left those out. Also I find it scandalous that charges are allowed to be continued a year after the reposession date when obviously I will not be able to pay and they have the house after all. I am trying to stay objective but it's all bringing back some bad memories!

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i dont think you can no

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi JoyJoy,

 

I am at work at the moment but will list everything I have included so far when I get home (though most likely be tomorrow sometime)

I did include the interest on arrears simply because in my head, if that add that to the balance I am in effect getting charged twice the interest on that amount.

Saying that, the advice on here seems to be that you cant claim it??

It would be nice to have some definitive instructions as to what we can/cannot try to claim.

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Hi JoyJoy,

 

I am at work at the moment but will list everything I have included so far when I get home (though most likely be tomorrow sometime)

I did include the interest on arrears simply because in my head, if that add that to the balance I am in effect getting charged twice the interest on that amount.

Saying that, the advice on here seems to be that you cant claim it??

It would be nice to have some definitive instructions as to what we can/cannot try to claim.

 

I hear you. Also, I'm guessing the answer is no, but should I send off the spreadsheet too? Thanks.

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Hi Joyjoy,

 

Right, I have manaaged to get hold of my spreadsheet.

This is what I am going to include on my spreadsheet, unless I hear otherwise from others on this site.

 

- Arrangement fee

- CHAPS fee

- Arrangement of own buildings insurance

- Higher lending charge

- Valuation fee

(These all charged at start of mortgage and added to the mortgage)

 

- Administration fee

- Own insurance fee (added again but double the amount stated on the offer of mortgage)

- Unpaid direct debit fee

- Arrears management fee

- Arrears councillor fee

- Interest on arrears (or perhaps not - Depends if anyone else has a say on the matter)

- Litigation fee

- Early repayment statement fee

- Legal costs (as there is no breakdown as to what these are for)

- Repayment charge

- Early repayment charge

- Insurance charge (this was being charged for buildings insurance even though I had arranged my own cover

 

How does this list compare to yours?

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Hi Joyjoy,

 

Right, I have manaaged to get hold of my spreadsheet.

This is what I am going to include on my spreadsheet, unless I hear otherwise from others on this site.

 

- Arrangement fee

- CHAPS fee

- Arrangement of own buildings insurance

- Higher lending charge

- Valuation fee

(These all charged at start of mortgage and added to the mortgage)

 

- Administration fee

- Own insurance fee (added again but double the amount stated on the offer of mortgage)

- Unpaid direct debit fee

- Arrears management fee

- Arrears councillor fee

- Interest on arrears (or perhaps not - Depends if anyone else has a say on the matter)

- Litigation fee

- Early repayment statement fee

- Legal costs (as there is no breakdown as to what these are for)

- Repayment charge

- Early repayment charge

- Insurance charge (this was being charged for buildings insurance even though I had arranged my own cover

 

How does this list compare to yours?

 

I will have to check the charges at the start of the mortgage as this didn't occur to me before. They will be added.I also have all the charges you've listed plus "Agents costs" which appears twice. Not sure what this is for. Assumed maybe estate agents but they seem to appear too early for that. I'm wondering if it would be an issue if we sent off the interest on arrears charges anyway. I'm hoping someone knows if they will look at the break down of charges . I want to send this off asap but obviously we want to get it right.

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i would worry too much about 'what' is correct or not

 

we'll deal with that when/if its questioned.

 

i am also of the 'opinion' that interest on arrears can be included

for that exact reason stated.

 

just put the claim in and go from there

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Sent mine off for charges too a while ago, so far i have had two letters saying that it is taking them longer to investigate my claim bla bla bla..the latest one i had said they hope to respond by the end of May. I think personally they are seeing how far that they push me.

 

Miz

Miz_Print v Halifax Won :-D 24th july 2007:D

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