Claim for GE money Mortgage fees *** Settled***

[AndyOrch]

0.08 (i.e. 8% - this will equal 8% of the amount claimed).

[martin2006]

Thanks andy, can get it posted off now

[martin2006]

Im a little way off issuing a claim but if and when that time comes, i will probably qualify for exemption from court fees.

My question is when do i apply for this with the EX160?

TIA

[AndyOrch]

You can apply before or after (as in a refund)

 

Andy

[martin2006]

Thanks andy,

i would prefer to apply before, i really dont have that kind of money spare as a carer on income support.

 

if i was to apply before would that be if and when i issue a claim?

[AndyOrch]

You complete and submit it at the time you issue the claim.

[martin2006]

Just had a call from GE regarding my claim for return of fees plus interest.

 

he called to try and tell me that any charges over 6 yr old are statute barred............wrong mate, this is a mortgage, its 12 yrs!

 

he also told me that all the fees levied are in line with t's +c's............................yeah but there unlawful and not enforceable mate, good luck explaining that to mr judge!

 

he then said he will have a final response in 8 weeks......................take your time mate, i move to the next stage in 1 week!

 

just go and get your chequebook out mate, u know u wanna!

[AndyOrch]

Careful Martin...

 

If you owe mortgage capital or they owe you....

 

Mortgage capital is the money you originally borrowed. For this part of a mortgage shortfall debt, the lender has 12 years to use court action to make you pay. This is under section 20 (1) of the Limitation Act.

 

If you owe interest or they owe you...

 

Mortgage interest is the interest you were charged to borrow the money. Your lender may also charge interest after your home is sold. For this part of a mortgage shortfall debt, the lender has six years to use court action to make you pay. This is under section 20 (5) of the Limitation Act.

 

As the charges will not be classed a capital then It will be six years...I'm afraid.

 

Andy

[martin2006]

Thanks andy,

The mortgage has been repaid when the house was sold.

The claim is for charges levied for failed DD etc.

Now when GE levy these charges, they dont add them to the capital balance, they are kept separate, in like a side account on the mortgage statement, so you effectively have 2 balances on 1 account.

As mortgage payments are made, nothing comes off the charges balance, that simply attracts interest at the same rate.

When the house sold and sols asked for a redemption balance, the figure given included both balances, as 1 figure to discharge the mortgage.

There was no shortfall, the house had some equity so very straightforward.

 

With regards to the 6/12 yr rule, is that from the date i discovered the error? This was when they wrote to me 2 months ago to say they were going to refund some eroneous charges

[martin2006]

Having read the limitation act i see the point you are making and it looks as tho you may be right, however, for now at least i will leave it as it is. For the sums involved, i doubt it would be economical for them to defend and i think i will only change the claim if we actually get to court and if its challenged about anything over 6 yrs.

[martin2006]

Today received a letter which basically outlines "their" complaints procedure saying final response will be in 8 weeks.

 

Well, my money grabbing friends at GE, this is "MY" complaint and it will follow my procedure

 

LBA will be posted monday 11th and assuming GE will do nothing before 8 weeks has transpired, my claim will be issued before GE's arbitrary deadline.

[martin2006]

Errrrmmmmm, clearly i meant monday 14th!!! :!:

[martin2006]

OK, slight problem, is anybody any good with spreadsheets, i really need a little help.

 

My son has been on the PC and inadvertantly d/l a virus and i have had to reset the PC. I'm using windows 10 and resetting basically wipes all the apps and reinstalls windows but keeps all your personal documents etc.

 

The problem is that in my spreadsheet, cells K10 and K13 and all from K20 and J20 onwards, now read #VALUE! instead of the sums.

 

I have no idea how to resolve this other than completely redo the spreadsheet, any help much appreciated

 

thanks

[AndyOrch]

Send DX100 a PM martin.

 

Regards

 

Andy

[dx100uk]

that's means it cant calculated the formula

 

 

make sure your date/time is set on the PC

and the claimtodate

still has the =today() I think formula

 

 

easy way is simply to download a new blank copy

and copy n paste your 3 cols of data into the new spread

then put their int rate back in cell d15

 

 

dx

[martin2006]

Probably quicker to re d/l, copy and paste

 

Thanks gents

[martin2006]

re d/l and copied and pasted with same result.

 

ive had to copy and paste todays date into column j and thats fixed it, at least for today, may have to update it again for court with new date but will cross that bridge nearer the time

[martin2006]

Response to LBA arrived, it basically reads, be patient, we have until 26th jan till the 8 weeks is up.

Sorry GE, court papers will be issued first week of 2016.

 

Unless you pay up

[martin2006]

i'm about to issue the claim through the courts but have a question.

 

As this was a joint mortgage, can i claim in my name solely or will it have to be joint claim?

 

If jointly, this means i have to get the ex wife involved and thats really not what i want to do, we dont get on anymore

[AndyOrch]

No...you can go solo martin....see if the defendant objects...doubt it though.

[martin2006]

I thought as much andy and thanks.

 

i do remember reading on here regarding something similar and the "bank" or whoever it was tried to have the claim struck out because only 1 of a joint party was claiming. i think it went on to state that any of a joint party could bring about a claim, just wasnt 100% sure and couldnt find the thread

[martin2006]

Ok need to get back on with this, looking for a suitable poc re mortgage charges, time to issue the claim

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=mortgage+charges+poc&sa=Search+CAG#gsc.tab=0&gsc.q=mortgage%20charges%20poc&gsc.page=1

[martin2006]

Bang on the money again dx

[martin2006]

Please could one of you check my POC for mortgage fees

gempoc (1) (1).pdf