National Homeloans - Can I claim back charges

[citizenB]

At the moment, your questions appear to be general.. We can move you to the legal forums or the mortgage / secured loans forums. Where would you like to be

[citizenB]

Ok, you have now been relocated in Legal issues.

[Fielder]

I have been reading through the old paperwork I have relating to this mortgage and I don't seem to have the terms and conditions for it.

I am trying to find out who regulated the mortgage.

 

Is it worth contacting them and asking for a copy of my agreement? And are they going to have it, as it was just over twenty years ago.

 

Thanks

 

I have read loads and loads about this, as it is so old and everything. It is a little complicated. Just trying to make sure that I am reading the information that is correct for the time.

But, it seems I do have a case and if I can get the t&c's then hopefully I could try to draft a letter.

 

Looking through the mortgage papers I do have an "offer of loan general conditions". Nowhere on this sheet does it say who regulated the mortgage or the company.

Is this illegal?

[Fielder]

I know this is an old thread of mine, but I am claiming back some PPI from mortgage company and would like to challenge the charges made in 1991-3.

 

I have to write a letter and state that I made the payments 'mistaken into making payments'.

I really need some help with the letter.

Can someone help me please.

Thanks

[dx100uk]

if you mean PENALTY charges - sadly you are outside of 12yrs.

 

don't think anyone's managed it, with or without a court hearing.

 

dx

[dx100uk]

if this is for PPI

 

theres no limit

 

as such

 

dx

[Fielder]

Well, that's a blow! I thought it was difficult to find anything about old mortgage charges on the forum, I looked all over.

 

I am making a separate claim for PPI, the penalty charges are not very high, compared to today's charges, but with interest add up to nearly £5,000.

Why can't I go back that long? Unfair charges are unfair charges, whenever charged!

And the mortgage company made a profit from them as they exceeded the actual cost.

 

I will still reclaim the PPI from this account.

Thanks for replying

Edited August 11, 2013 by Fielder

[dx100uk]

post 5 might help

 

not saying you cannot totally

 

dx

[Fielder]

Thanks Dx,

Yes post 5.

I have all the statements, letters and t&cs for this account.

I SARed them and they sent me a statement of the account, but nothing that I did not have already.

 

I did write to them last year and they said it was statute barred and so they would not repay me the penalty charges.

So, maybe another letter to them or shall I escalate to small claims court?

Thanks again Dx

[dx100uk]

did they make ref to 12 or 6yrs? SB timing?

 

 

dx

[Fielder]

No, they say because it 'was redeemed back in April 2001 and consequently the matter is now statute barred'

So no reference to a time period.

[dx100uk]

urm yes outside even 12yrs,

 

dx

[Fielder]

Well yes, but I first wrote to them in March 2011, so that was within the twelve years.

 

I understand that it is probably too late to get these charges back, just a little disappointed that's all.

[dx100uk]

that's true

then at that time they were not SB'd

[The Mould]

if this is for PPI

 

theres no limit

 

as such

 

dx

 

DX

 

PPI is an area of law that I am not and have not been properly engaged with, to this end and I mean no disrespect to you at all, but can you please confirm the "ppi no limit".

 

Kind regards

 

The Mould

[dx100uk]

that's ok

 

sec 32 c 'mistake'

 

the clock starts ticking from when you can reasonably be aware PPI was being charged.

 

 

dx

[Fielder]

Hi dx

Here's an update on what has happened with my attempt to get back the missold PPI.

 

Sent letter to old mortgage company, with completed FOS questionnaire, spreadsheet and letter.

They have responded by blaming the broker that sold me the PPI.

 

The broker is long gone, NHL took the payments from me.

 

What now???

Any advice?

 

Ooops!

I posted on wrong thread:|

[Jeremy Belknap]

I have been reading through the old paperwork I have relating to this mortgage and I don't seem to have the terms and conditions for it.

I am trying to find out who regulated the mortgage.

 

Is it worth contacting them and asking for a copy of my agreement? And are they going to have it, as it was just over twenty years ago.

 

Thanks

 

Hello Fielder

 

Mortgage regulation didn't start until 2004 - Mortgages before this date were unregulated

 

Jerry

 

Hi dx

Here's an update on what has happened with my attempt to get back the missold PPI.

Sent letter to old mortgage company, with completed FOS questionnaire, spreadsheet and letter. They have responded by blaming the broker that sold me the PPI.

The broker is long gone, NHL took the payments from me.

What now???

Any advice?

 

Hello Fielder

 

As the Broker is no longer trading, I would normally suggest approaching the Financial Services Compensation Scheme (FSCS). However, it would appear that you do not fall within their remit

 

The main points are:

• We can pay compensation only when an authorised firm is in default. We will carry out an investigation to establish whether or not this is the case.
  
• We can pay compensation only for financial loss and there are limits to the amounts of compensation we can pay.
  
• The FSCS was set up mainly to assist private individuals, although smaller businesses and smaller charities are also covered.
  
• Larger businesses and larger charities are generally excluded, although there are some exceptions to this for deposit and insurance claims.
  
• The FSCS does not cover firms based in the Channel Islands or the Isle of Man.
  

For home finance (e.g. mortgage) advice and arranging: If your claim relates to business conducted before 31 October 2004 we are unlikely to be able to help you, as these activities were not protected by the FSCS before this date.

 

For claims relating to insurance intermediaries: If your claim relates to business conducted before 14 January 2005 we are unlikely to be able to help you, as these activities were not protected by the FSCS before this date.

 

 

The broker in 1990 would not have been authorised.

 

Jerry

[Fielder]

I have spoken to the FOS this morning and the person there gave me the name Allianz the company who took over the business of this broker.

 

She recommended that I send details of my claim to them.

 

But I seem to think that I am wasting my time, as the advice I am getting on here is it's too old.

[Jeremy Belknap]

I have spoken to the FOS this morning and the person there gave me the name Allianz the company who took over the business of this broker.

She recommended that I send details of my claim to them.

But I seem to think that I am wasting my time, as the advice I am getting on here is it's too old.

 

Hello Fielder

 

You have nothing to lose and everything to gain by contacting Allianz.

 

It may cost you some of your time and the price of a stamp but it could result in either a full or partial refund. The worst that can happen is that they say no. However, at least you tried.

 

Jerry

[Fielder]

Thanks for the support.

I really want to keep at it and try to get my money back.

As they caused me so much anguish when I had this mortgage with them.

 

I would love to get the charges back as well....

[Jeremy Belknap]

You are welcome Fielder

 

Please keep us updated on your progress

 

Jerry

[Fielder]

I know this is an old subject that I am still going on about.

 

 

But as my husband has been diagnosed with cancer and we are in desperate need for money,

I thought I would revisit these old charges and try to get some justice.

 

 

I hope that this letter I want to send to NHL is correct and really need some constructive advice.

 

 

Lack of confidence has prevented me from sending this before, now I feel I have nothing to lose.

 

Please can someone help.

 

Dear Sirs,

 

ACCOUNT NUMBER: XXXXXXXXXX

 

I am writing to ask you to refund the charges which you charged to my account in respect of returned direct debit fees to the sum of £.

I did not administer the account as I would have liked to, this was due in part to the very high interest rates at the time and that National Home Loans was adding an extra 2% to these high rates of interest. Which resulted in a 15.45% interest rate charged to me.

I now understand that such fees are unlawful as I was unaware that these charges were paid in the mistaken belief that I was under a contractual obligation to pay. These charges were over and above the actual cost of a administering a returned direct debit.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Consumer Credit Act 1974. 140A Unfair relationships between creditors and debtors.

When these charges were applied to my mortgage I was mistaken as to a material fact, consequently I am entitled to claim restitution of those monies where the payment would not have been made but for my mistaken understanding.

As in theKleinwort Benson Ltd v Lincoln CC [1998] 3 WLR 1095. The amount that was charged to me is not subject to the Limitations Act.

1. I believe that the charges you have levied of £XXXX far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure me that your charges really do reflect your costs.
   
   
    
   
   
   Thus, I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial
   Ombudsman
   Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
   
   
    
   
   
   I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
   
   
    
   
   
   Yours faithfully,
   
   
    
   
   
    
   
   

   
   

[dx100uk]

Have you all the statements?

 

might be better to SAR them first

and get all the info

else you'll never know even if they do refund

if you've got everything back you should have

 

dx

[Fielder]

Hi Dx

Yes I have SARed them, I have calculated all returned direct debit charges, I haven't added the extra 2% interest, I would like to though.

I think I should add the legal charges, just to see what they say, really.

 

Thanks.