mortgage charges reclaim

[hesanmp]

hi all

 

having now seen just how much i have been ripped off by various banks with their mortgage charges, i have been weighing up the best solution to try and reclaim them.

 

am i correct in thinking that if you want to go down the fos route then you initially have to give the banks 8 weeks to investigate your claim and only then can you approach the fos. that i understand is not a quick process in itself.

 

surely my quickest course of redress would be the county court? why can't i collate all of the information re the charges and simply put it in a detailed letter before action and give the banks 14 days to pay. i believe all of my claims will be under the 10k threshold.

 

i have been trying to research whether or not there are any specific protocols to be followed with respect to small claims, i can't see there are any other requirements apart from a letter before action? i also note the award of costs are very limited, and therefore even if certain protocols are not adhered too, the judge has limited powers to punish the claimant for his actions.

 

i intend to be bullish in my actions against these banks, after all, they seem to have no conscience when it comes to the treatment of their customers!!!

[dx100uk]

you still have to give them 8 weeks eitherway i think

 

 

dx

[hesanmp]

if i don't? and i just go ahead and issue.....

[dx100uk]

i'm sure you have to go thru their complaint procedure.

 

 

dx

[hesanmp]

hi

 

sorry what i meant was why can't i issue a detailed letter of claim and give them 14 days, or i will issue proceedings.

 

 

i can't seem to remember the banks giving us 8 weeks notification of their ridiculous charges and their compounded interest calculations!!!

[hesanmp]

i have now made sar requests from the lender. if i want the bank to investigate my claim for unfair charges do i have to wait for the sar info to come back i.e. 40 days, or can i ask them to investigate all of the unfair charges etc i have incurred.

 

i was hoping if they have 8 weeks to investigate then their response would tie in nicely with the sar request. i hope you get my drift???

[dx100uk]

ideally you should be gathering as much info as poss before requesting your refund.

 

 

I am getting concerned your apparent 'rush' to get this sorted will be to your detriment here.

 

 

gathering info

 

 

putting together spreadsheets

 

 

a good reclaim letter

will be key here I'm sure

 

 

a speculative letter saying you want charges back

without detailing them will get a speculative reply.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

[hesanmp]

hi, i think you missed my point. i was simply trying to give the banks the 8 weeks to investigate all of my charges (from their statements). i by that time, would have received copies of all of my statements and i could then give them notification of court action. coupled with that would then be a breakdown of all of their charges etc etc.

[theoldrouge]

yes you need to write a detailed personalised letter, detailing each charge which you are complaining about.

 

let them know that you understand all the implications, and include the latest guidance from the fca for their reference.

 

Thorough research is required, otherwise if you use a templated type letter

 

you will receive a standard fob off reply, as dx says

[theoldrouge]

hi, i think you missed my point. i was simply trying to give the banks the 8 weeks to investigate all of my charges (from their statements). i by that time, would have received copies of all of my statements and i could then give them notification of court action. coupled with that would then be a breakdown of all of their charges etc etc.

 

Do you already have all the required info then?

[hesanmp]

no, i have sent a sar...

[theoldrouge]

in that case how can you make a detailed complaint without all the information?

[hesanmp]

understood, i will wait for the info to arrive

[hesanmp]

i was advised yesterday that as my mortgage account/ shortfall has now been settled in full then it is unlikely that i will be able to claim any unfair charges / interest etc from the lender, can someone clarify the situation?

 

cheers

[dx100uk]

no that's not right

 

 

makes no odds.

 

 

dx

[dx100uk]

just a point

 

 

you don't have to give them 8 weeks if going through the court route

 

 

however, I would make sure you complaint is water tight

and has all the required indo

and you go thru the correct letters procedure

first

[hesanmp]

i take it you mean letter before claim etc? with respect to claiming against banks for mis selling/ charges etc is there a specific pre action protocol to follow?

[dx100uk]

it would be the std pre action protocol for any court claim.

 

 

letter giving a reasonable time to answer [14 days? 28 days?]

 

 

then a letter before action giving 14 days I would guess

 

 

dx

[hesanmp]

hi dx

 

sar arrived faster than i thought...i.e. before my cheque cashed. charges etc come to over 5k from 2005 onwards. claim should therefore be under 10k with interest (i will deal with the erc under a separate claim as that is a straight forward breach of contract).

 

with respect to the charges is there a current letter template for the initial letter before action. i have searched all posts but am now getting confused.

 

thanks for your help.

[dx100uk]

not sure

 

 

is there one etc in the library dca or legal section

library tab top left

 

 

dx