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reclaiming mortgage charges/arrears/visit fees


itsamomentintime
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hello

am I correct that late mortgage payment fees/field agent visit fees can be reclaimed via the small claims courts?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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You can recover late payment charges to the extent that they exceed the administrative costs of the lender.

 

Yes you can claim agent visit fees.

 

Maybe you should lay out the whole story

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You can recover late payment charges to the extent that they exceed the administrative costs of the lender.

 

Yes you can claim agent visit fees.

 

Maybe you should lay out the whole story

 

 

maybe I should

 

 

I have been charged 40 times in 24 months for missing mortgage payments - the mortgage payments were entrusted to someone else to pay, but that's another story. incidentally, the mortgage is currently not in arrears.

 

the charges arise from late payment fees, unsuccessful visits and electoral roll searches.

 

 

I am planning to use the small claims route as the mortgage company is refusing to refund the charges.

 

 

I'm wondering about how to go about arguing successfully that the charges exceed the administrative costs of the lender.

 

 

also, I believe that regarding home visits, such visits have to be agreed to in advance, and can be cancelled, therefore avoiding such a charge in the first place

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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could you list the charges out here so we can see how they are composed?

for example,

electoral roll search fees would not apply to a mortgage as it is on the property and that wont have upped sticks even if the mortgagee was ignoring them.

 

Home visits?

Did you agree to these visits and to pay for them? bet you didnt.

 

Same with repeat letter fees telling you that you owe another 325 because they have written to you again to tell you they are going to write to you.

This is called "churning" and unlawful.

 

However, I wouldnt be in a hurry to sue just yet, work out every penny you believe you are owed and that will include interest added to these amounts ( again a dodgy practice as they are not part of the mortgage but a separate fee so should be accounted for separately but many of the lower end companies do this as it is easy money from risky borrowers))

Edited by dx100uk
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Let us guess

Blemain

Kennys

Nrock/nram

 

Bet its kennys

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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