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West Brom mortgage charges done..now MPPI reclaiming...


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Ukaviator has advised me to post here so here goes.

 

 

Data has arrived from West Brom and I have only just realised that I can claim back 12 years.

 

 

Luckily I moved my mortgage 2 years ago.

Some of the entries have me puzzled.

I am fine on "arrrears" "positive interest" etc.

Can I also claim "admistration costs" "increased rate adjustment" "costs".

 

"Interest for year" at the end of the financial year is fine isn't it.

I'm assuming this is how they legitimately make money.

And I thought an old mortgage account would be a good way to start.

Guilty of reading the wrong threads m'lud- should have left banks alone at the moment.

 

Has anyone got any advice?

 

 

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Reading Seminole's guide notes (incomplete) it does state there that I can claim 12 years for a mortgage. Am I wrong? He also states that I cannot claim penalty interest, could this be called positive interest by West Brom or am I getting myself totally confused?

 

This is probably a silly idea (but I don't want to be claiming for the wrong things) so I will contact W. Brom asking for clarification of types of fees etc charged. I mean £500 admin costs - what's that about? Debit interest adjustment £1300 etc, etc. Maybe I can get somewhere then

 

 

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Hi Sallysas,

 

I'm about to put some FAQs just for mortgages on the forum. In the meantime the 12 year rule only applies to the principal sums due under the mortgage. If therefore any of the fees were added to the principal sum then they would be subject tothe 12 years if you paid them separately they would still be subject to the 6 year rule.

 

If the admin costs relate to set up of the mortgage then they are not recoverable. If they relate to ending the mortgage then they are recoverable. I'm not to sure about the debit interest adjustment best to get them to explain that one.

 

Hope this helps

 

Best of luck with your claim

 

Zoot

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Hi Sally

 

How much is each cost here?.. Is it £25 or so simular to late payment fees etc..?

 

Uk. . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Feeling better now. Was feeling angst ridden days ago due to coming down with a virus. Wasn't making much sense was I? Don't answer that!!

 

Thanks for the postings Zoot and Uk. I have 'phoned the West Brom asking for clarification of the following.

 

Non specified costs were added to the principal sum, usually £50 a time, but one entry is for over £700.

There is also a redemption fee which I have also queried totalling £55.

 

 

Most of the regular fees "arrears" "broken arrangement" were for £20 and £25 which I assume is what you were asking about Uk.

 

 

What might confuse this poor blond pooh bear is the fact I had to let the endowment policy lapse as my ex-husband failed to send any maintenance over from USA twice a year so by the time I was starting to get straightish he would not pay for another period.

 

 

He did sign the house over to me but West Brom insisted on keeping his name on the title deeds just in case I did not keep up payments so he could be chased. In American courts?? Look flying pigs........ This £700 does not fit within time scale however.

 

I did forget to query "increased rate adjustment" but I am fairly confident that because I owed so much in arrears they decided it was not fair on other borrowers so penalised me as I was not paying regularly. What an excuse....

 

It might be sensible NOT to claim "debit interest adjustment" as this might relate to non-payment of endowment policy.

 

I might claim charges back first and then go after Early Redemption. At least I am in the right place for help and encouragement.

 

Going back to work tomorrow so I have arranged to call girl in mortgages re above queries, when I get home.

 

Really enjoyed Money Programme last night. Will this make life harder or easier do you think?

 

Right I think I have just about made up my mind to claim early redemption charges first and then I can apply for arrears charges etc when they have settled.

 

 

Am I right in assuming if I claim seperately, when I fill in both of my N1s the courts will quite likely lump it all together. It would definately be over £5000 in that case.

 

This will consist of early repayment debits and loyalty redemption fees.

 

 

Perhaps this is odd but they have charged - but then given back - the sealing fee when I moved the mortgage to another bank.

 

 

All this happened in 2004 but there was a redemption fee in 1997 so do I include all redemption fees within the erc?

 

 

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I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

Which relates to the below

 

However, s.32 (1) (b) of the Act says:-

 

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

o (a) the action is based upon the fraud of the defendant; or

o (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

o © the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

 

Is this what you mean I should use? I will check with the west brom but this period may relate to when my ex-husband gave me the endowment along with the house, but it seems a little late to me. More likely that I was unable to keep repayments up and had to let it lapse. Would that be switching products?

 

 

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  • 3 weeks later...

I've been ignoring this one 'cos it is not as simple as dealing with bank charges. Stop being such a wimp me!!

 

Does it seem feasible that ' arrears admin fee' pre 1996 be called 'arrears fee' thereafter. The only thing is the amounts vary from one month to the other until I get to August 1997 when it became £20.

 

i.e. £32.84 01/11/94

£29.99 01/12/94

 

The 1st time it was called 'arrears fee' 01/08/96 the amount was £20.41 with subsequent deductions just £20. I am loth to keep contacting them as to the reasons I am asking these questions as they will fob me off. Not the brightest person around.

 

Debit and positive interest adjustments (they informed me) were applied to my account following changes in the interest rate. In 1995 the Society used to project the interest for the year on 1 April and then if the interest rate changed a credit or debit would be applied to my account. I have decided not to claim 'costs' as these relate to solicitors fees (well the large amounts anyway).

 

Have drafted this letter.

 

Mortgage Account No: *********** (Redeemed)

 

Thank you for providing me with my data information in December 2006. However, I require clarification of the following entries.

 

Arrears Administration fees

01/11/94 £32.84

01/12/94 £29.99

 

Increased rate adjustment

30/12/96 £20.20

01/06/97 £89.30

 

Redemption fees

11/07/97 £50.00

15/09/00 £55.00

 

Costs

05/09/97 £50.00 11/05/00 £30.00

03/12/97 £20.00 25/07/00 £10.00

15/01/98 £65.00 08/08/00 £30.00

04/02/99 £20.00 15/09/00 £50.00

05/10/99 £10.00 20/09/00 £70.00

25/01/00 £10.00 07/02/01 £722.50

 

I thank you in advance for your co-operation in this matter

 

 

Am I being totally silly? :-? Sally

 

bump:)

 

 

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Hi Sally

 

Looks ok to me too. They do look like direct debit non payment fees or something like that. Manual adjustment of the account maybe. Let us know what they are when they get back to you. How are you getting on with the ERC part?..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I am ignoring that for the time being as I want to claim charges with the interest (1st time I will be doing this, so more angst ridden questions on the horizon) with the ERC if it comes to less than £5000.

 

 

It it becomes more I will decide whether to put in 1 or 2 claims then.

 

 

With 2 of you looking at my thread I think I can relax and decide that when I ask relevant questions I will get a sensible answer.

 

I have some leave next week so I think I will spend some time at my court asking about exemptions and anything else that seems relevant at the time.

 

 

Might this decision at Newark (Kazzak v lloyds asset card) have an effect.

 

Thanks again Sally

 

 

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  • 3 weeks later...

"Patience is a virtue......" Just when I felt like I was being ignored they reply.

 

Arrears Admin Fee "reflect the admin/work generated by the accounts arrears".

2 charges totalling over £60. Are they having a laugh!!!!

 

Redemption fees in 1997 and 2000

"fees charged for redemption statements issued

- the second of which was in connection to repossession proceedings".

 

 

This has me stumped along with costs "remove Interest Differential" of £50.

 

 

For some reason Title Deeds were sent to my solicitor in 1998 and costs of £70 were for "title deeds sent to solicitors for repossession proceedings"

 

 

in 2000 and £722.50 costs were "solicitors costs in connection with repossession proceedings".

 

 

Anything involving solicitors I will not be claiming unless anyone out there has superior knowledge.

 

All other costs are "arrears fees" so no mystery there.

 

They have ignored my inquiry

re: increased rate adjustment in 1997 and 1998.

 

 

Perhaps I should write again.

It is cheaper than the 0845 number.

 

 

Maybe I will get brave and claim it all at once and go for fast-track if applicable.

 

 

Got a lot on at the moment.

 

 

Filing 2 claims at court next week.

 

 

Don't want to spread myself too thin..........:-|

 

While I am being silly.

 

 

Can I claim contractual interest on all this?

 

 

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  • 3 weeks later...

It's sad,

but thanks in advance for alerting us to the current problems with ERCs.

 

 

Is it still all right to go after charges or is the current wisdom to leave these alone as well?

 

 

This claim would have been pure profit as well.

 

 

C'est la vie.:-)

 

 

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  • 4 weeks later...

Fine I thought.

I can claim my exit fees back.

 

 

But the West Brom don't appear to call them that.

 

 

I moved my mortgage in October '04.

 

 

It does list 'loyalty redemption fee' of £95 which I presume is exit fee by another name

and 3 'early redemption debits' of £621.43, £567.99 ands £31.87 which I cannot claim, right?

 

 

The sealing fee was debited and then credited.

 

 

It looks to me as if they have done themselves out of some money.

 

 

Does anyone else have any thoughts?

 

Perhaps I should write and ask about exit fees or would it be best to let this particular sleeping dog lie?

 

 

I am after all going to claim my charges back.

 

 

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I am quite happy to claim contractual interest as I have started proceedings against 2 banks already

- but

- and I am sure this is silly

- how do I decide which rate to apply? I

 

 

had a standard repayment mortgage for most of my years with them but when we first remortgaged with them (18 odd years ago) they were charging us 1.5% above base rate.

I managed to get it reduced to 0.5% above base rate approx 10 years ago.

 

I was charged something called IPT of £13.08 when I ended the mortgage.

Any ideas?

Deeds release fee I am assuming was payable to a solicitor so I will leave well alone.

 

Most people have really intelligent legal queries on this forum but every class has its dunce and I definately feel like I qualify. Sally

 

? Thanks, Sally

 

 

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  • 2 months later...

This one has been hanging about forever as I couldn't decide what rate to go for.

 

 

Feeling much happier about what I am claiming now.

 

 

Better see what is happening re: redemption fees for the future.

 

 

Just going for statutory 8% at court when it gets that far.

 

 

Anyone else got a success story for WBBS or just a story?

 

 

Prelim in the post tomorrow.

 

 

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  • 2 weeks later...

I have been successfull in getting my ERC refunded.

They paid just on £4,000 last month.

They paid out after the 2nd request refund letter i sent them.

 

i didn't make any claims for any other charges against them, as i didn't have any.

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How on earth did you manage that. Well done you.

 

Better send my lba now.

They have totally rejected any notion of giving me my money back stating they have to pay the banks for charges etc, me not making payments on time and I cannot claim back 12 years.

Well, we know better don't we?

Yes we do my precious and we wants it back!!!!!

 

I am a silly moo!!!

Used the ordinary prelim letter with a few aditions of my own from templates library.

As I have finally noticed the excellent letters Zootscoot has put together I have amalgamated these to put an impressive lba together.

Do hope they don't settle though.

 

When this one gets settled one large debt will be gone forever.

Roll on the day!!!!

 

 

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  • 4 weeks later...

I am so nervous about this one.

Now don't be silly, you arn't going to end up in court facing a barrister.

It's not as if I havn't filed before for heaven's sake.

 

 

Going to town later to file N1.

I had a letter from them 19 June saying they were sorry I was dissatisfied and would reply within 28 days,

limitation act says I canot go back more than 6 years etc.

I am claiming almost £4000 with the 8% and the daily rate is £0.79.

Wonder how long this is going to take.

 

 

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  • 3 weeks later...

Received letter from Miss Gregory (Head of Business Processing and Credit Services) which is meant to intimidate me I suppose.

 

 

She rejects my claiming 12 years back citing the Limitation Act as only being operable for 6 years.

Oh yeah!!! But she has reconsidered and is willing to refund less than £500 which is 50% of my total claim over the last 6 years.

 

 

Glad I'm not mortgaged with them anymore.

Sorry sweetheart,

but my claim is for approx £3000.

 

 

Relevant rejection letter going in post tomorrow.

Wonder if they have received my claim yet?

It is taking a while as I no longer qualify for WTC and the court decided I could afford to pay something towards the court fee so I sent them a payment close to payday.

 

 

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