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Reclaiming charges - Woolwich. Help

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HI

I have another thread live on the mortgages section: http://www.consumeractiongroup.co.uk/forum/showthread.php?429557-Late-payment-charges-made-mortgage-in-arrears

 

 

I'm starting a fresh thread so there are less pages to read through.

In essence Woolwich gave me a penalty charge - this then had a knock on effect every month. Every month the mortgage got paid but their penalty meant the balance was always in arrears - which meant W kept giving me more and more penalties. I couldn't work out why they considered me in arrears as I thought I was always making the right payments. It actually took few years to get to the bottom of it all as they failed to reply to my letters and life got busy so I forgot to chase. It was only on threat of repossession that I really dug deep and made the discoveries.

 

 

Anyway - moving on....

I re-mortgaged last year with a different lender.

Now I want to make a claim for all the penalty charges Woolwich imposed on me, during the tern, plus Compound Interest and maybe - if it is possible - compensation too...???

 

 

I sat down and looked at all the statements and I worked out there were many £000s of charges !! Plus CI this makes a very big claim...

I need to act fairly quickly to keep my claim in small claims track. If I leave it more than a few more months the CI will raise the level to above the small claims limit.

 

 

I have had a look at some of the Prelim letters. I have used some already on other accounts. But as this is a (btl) mortgage account is there a different law that governs reclaims? Most of the letters I have seen seem to refer to a 2006 law concerning credit cards? Or is it just a question of altering the words?

 

 

Also - I currently have a claim against Bcard. Will the same head office team potentially deal with the W mortgage claim too? Or should I wait for the 1st to be dealt with before claiming on W?

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Hi Mum,

 

Adapt the letter to refer to this being a mgge a/c as the principles involved are the same.

 

Post a draft here if you want.

 

From what you say, starting the claim sooner rather than later will be best.

 

:-)


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Ok

Have drafted a letter and revised CI sheet. I have simply removed any reference to credit cards and added mortgage account instead. I hope this is ok.

Off to the PO now..

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It ended up being quite a lot of money that I am claiming...

I suspect the letter opener will get quite a shock...

 

 

I can never get the dates right - is it 14 days from receipt? or 14 business days from receipt? that they have to respond to my letter?

 

 

Also - it doesn't matter that the account is closed does it?

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The Creditor should acknowledge receipt of your letter within 14 days and then give you a full reply within a reasonable time.

 

Regards

 

Andy


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Hi Mum,

 

If you threaten legal action, send the LBA 14 (normal) days after the Prelim Letter.

 

Any reply will say nothing that will satisfy the claim you're making.

 

:-)


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Barc have sent a text message. Saying they are looking into my complaint....

 

 

I assume they are referring to the prelim letter I wrote asking them to repay penalty charges and CI, rather than the Court claim I have against Barclaycard!!

 

 

Are they allowed to contact me by phone/text?

I would have assumed a proper letter response....

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Ignore this contact and focus on the claim you're making, sticking to your timescales.

 

:-)


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And here is a link to a previous case which was won in Court.

 

http://www.theguardian.com/money/2014/sep/27/landmark-ruling-lloyds-tsb-overdraft-charges


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Sorry but i don't understand the link between bank charges and mortgage arrears ?

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Oopps I thought this was in relation to Bank Charges...apologies brown.Not that the process is that dissimilar

 

Andy


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Interesting. Eeek

Mine is mortgage arrears. Have just read Orge's thread.

:-(

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I am a bit nervous now having read this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?440434-Orge-Vs-Barclays-Woolwich-Arrears-Charges

 

My mortgage was set up before 2004 change in regulations.

Maybe can't claim back beyond 6y?

 

Guess I have to a) see how B replies? and b) maybe learn from Orge's mistakes?

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I have had correspondence from Barc - but they say they are looking into my complaint and wont reply before end March !!!

Which will be 2 months after my prelim letter.

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Hi Mum,

 

If the bank wants to delay, that's up to them.

 

When did you send them the LBA ?


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Why does a reply by March indicate a delay?

 

Banks have 8 weeks from the date you raise a complaint to provide a resolution before your FOS rights kick in. End of March is what, around 4 weeks. The dates in the letters they send are 'update' dates. Basically, if they don't have a resolution by that date, they will send a letter telling you they are still looking into it and then give u another date saying they will update u by this time...that date will typically be the 8 week deadline

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Why does a reply by March indicate a delay?

 

Banks have 8 weeks from the date you raise a complaint to provide a resolution before your FOS rights kick in. End of March is what, around 4 weeks. The dates in the letters they send are 'update' dates. Basically, if they don't have a resolution by that date, they will send a letter telling you they are still looking into it and then give u another date saying they will update u by this time...that date will typically be the 8 week deadline

 

Not if its in response to a LBA.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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