Jump to content


  • Tweets

  • Posts

    • as you have appealed you have lost certain protections in law but that doesnt change the law of contract. if you live close to the site or visit there can you please take some pictures of the car park entrance, any signs there and any signs inside the car park plus more importantly pictures of the offending payment machine. You can pretend to enter something to show what you can and cant see to highlight the problem and use this stick of their to beat them with. They dont ahve a hope in hell in enforcing this  but being  a buch of litigious and greedy cowboys they will, unjfortunately not see reason. what did their rejecton letter say? No IPC member ever accepts an appeal and nor do the IAS, they are not honest brokers so dotn be put off by this. Please redact any personal information and that will include car reg and any reference numbers, bar codes QR codes etc   If you still have the ticket even better as it show that you paid and then any other demand they make as a condition of parking is of no real consequence
    • Have had phone contact from the court. Judge has sent a court date of mid August, as he wants to see how to proceed in light of the "mystery" discontinuation form. As far as I'm aware, he requires all to attend on the date. I do need to double check the attendance requirements though, as I'm not at home to see the actual letter notification.
    • One from the newspapers, a motorist who took time to change his baby's nappy before feeding the meter at Sutton Harbour, Plymouth was sued by Britannia parking but the judge threw out the claim becuse "neither the sign or the small print made it sufficiently clear that the time started when entering the car park". Now as usual the paper refers to a "fine" and  it has been commented on before by judges tht the clock doesnt start when you enter the car park but should only take into account the actual parking period and hence the MINIMUM 10 minute grace period. So peeps, look at the wording fo the signage and if there isnt a clear definition of the grace period no binding contract! Will they change their ANPR systems to reflect this? Of course not, the majority of people will pay up even though the charge is unlawful.
    • yous is the reason already there
    • Purely out of curiosity, if I don't pay and go to court will the fine be more if i'm found guilty?   
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
jotty

JP Morgan/Rooftop Arrears fees- The saga continues.

Recommended Posts

We currently have arrears on our mortgage of £1000, at the moment I am clearing them at £50 per month.

 

When we took out the mortgage in 2007 our paydays where the 15th,

this changed in 2008 to the 25th so I wrote to the company concerned and explained that we needed to change, they agreed but said that the mortgage would always be shown as in arrears for the 10day gap.

 

They also charge £40 per month in "late payment fees".

Having asked for a breakdown of costs I also not there are a number of "agents fees" which I presume means home visits of £60 none of which where agreed to and no one spoken to.

It also shows "solicitors fees" for various letters etc.

 

Having been succesful during the bank charge days, can we still claim for these fees in the same way or have the mortgage companies wised up as well now.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

We have had a mortgage with JP MORGAN for some years and current arrears are £1600 on a balance of £165,000.

 

We have been overpaying by £50 pm for some time without any issues apart from the odd pre printed letter from them mainly as they forgot that they had agreed to payments being made on the 1st not the 15th of the month so it appears to their untrained eye that we are further in arrears every month for 2 weeks till the payment is made.

 

No they have transferred us to Rooftop which filled me with a little dread and low and behold within a month they are threatening possession unless the arrears are cleared etc. This we can deal with but it hacks me off when we have been overpaying even slightly for a long time now without the need for this threat and suddenly change of company = change of attitude.

 

The eye watering bit was they also mention something called "Monthly Insurance Charge" of £37 and "Arrears Management fee" £40 on a separate statement going back to 2008 which totals over £4000. Thye have quite conveniently now added that to the arrears figure to make it look a lot worse albeit in a separate paragraph.

 

So can anyone comment please on the charges and if we need to worry, and also anything we can do to calm them down on the arrears front, or are we over a barrel on this ?

Share this post


Link to post
Share on other sites

You say that you had an agreement in place to repay the arrears at £50 per month in addition to the regular payments. Is that correct


Share this post


Link to post
Share on other sites

It was informal in as much as we paid it and they didn't proceed with any other action, never had it in writing though sadly.

Share this post


Link to post
Share on other sites

How long has this implied scheme of overpayments been going on?


Share this post


Link to post
Share on other sites

Its at least 12 months, the rate changed and payments due dropped but we continued to pay the usual figure which was £52 more than it should have been.

Share this post


Link to post
Share on other sites

Okay. You have been making overpayments for 12 months and these have been accepted by your original creditor without causing any problem and without trying to protest against what you are doing. I think that this amounts to an implied agreement and my immediate recommendation to you is to keep on making the payments without fail. One mistake and there could be a problem for you.

 

Mortgage lenders and the people who take them over are bound by MCOBS. In keeping with the other FCA COBS regulations there is a duty to treat you fairly. There is no doubt in my mind that if they buy a debt then they are saddled with any existing agreements. There is no doubt in my mind that despite the lack of writing, there is an implied agreement that you will repay the arrears at the rate you are currently making and that they will accept that repayment scheme.

 

I think you need to state your position very firmly.

 

Write to them and tell them in no uncertain terms that you have been making overpayments in respect of the arrears for 12 months and that you propose to keep on doing so at the same rate. Point out to them that they are subject to the FCA MCOBS regulations and if they try to deviate from the agreement or if they try to levy any other charges or if they start to make any threats against you, that at the very least you will begin a complaint to the Financial Ombudsman Service.

 

Tell them that if they begin any court action against you that you will counterclaim under MCOBS. Tell them that you fully expect to be successful before the County Court's and that in the event that you do obtain a judgement on the counterclaim that not only will you enforce whatever figure compensation the courts decided but also you will send a copy of the judgement to the FOS and to the FCA.


Share this post


Link to post
Share on other sites

Thanks BankFodder, it does seem a bit hard faced from them as your right it isn't my fault that they bought the debt and the perceived problems.

 

Have you any advice about the fees they appear to want to levy on us as well, it appears that they also took these on as an almost separate account and seem to think it is an another nice revenue stream. Are Rooftop not just JP Morgan under another name ?

Share this post


Link to post
Share on other sites

They are not entitled to apply charges which are not reflective of their administrative losses. In other words they are not allowed to make profits from this. Read about Kensington mortgages and also Deutsche Bank. Also Redstone

 

Follow the mortgages link to get more information.

 

In your letter remind them of the rules relating to charges and also that they are not allowed to add these charges to any mortgage arrears. Tell them that unless they withdraw this immediately that you will be making an immediate complaint to the FOS. Make sure you do this. Don't bluff.

 

Tell them that if there are any additional charges they wish to levy then you want a full breakdown and a full explanation of them which will satisfy not only you but also the FOS.

 

Make sure you send all communications by recorded delivery or preferably special next day delivery. Keep all proofs of posting and all proofs of delivery.


Share this post


Link to post
Share on other sites

Yes will do many thanks.

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

whats that insurance fee?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

This is the first time we have ever had these separate statements covering charges so don't have a lot of old paperwork.

 

However I recall that every year until around 2014 they would ask for a copy of our home insurance policy which we sent usually by fax but they would still state if we didn't send them the copy that they would place their own insurance in place in case the house fell down from their providers at their cost.

 

I can only think that they have gone ahead even though we had insurance.

 

Do these possibly class as unlawful charges as we would have never had copies of the ins docs and wouldn't have been aware of their existence ?

Share this post


Link to post
Share on other sites

all you must have inplace on a secured loan or mortgage is buildings insurance

and I bet you had that elsewhere

 

 

time to get reclaiming that too.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

DX your right my friend I feel another charges reclaim battle coming, problem is I wont have the previous years of insurance policies etc and I know the current one but I would struggle to find the names of the others. Whats the level of proof on this ?

Share this post


Link to post
Share on other sites

well I bet they never sent one letter asking to see any documents on insurance you already had anyway yearly?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

I recall they would send a letter every year asking for details. and I would send them a copy totally unaware of the fact I was being charged.

Share this post


Link to post
Share on other sites

then they must be in the sar return you'll send them then.

unless this insurance was something else you signed up for?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

All letters and SAR's sent I will update in due course. Thanks to all.

Share this post


Link to post
Share on other sites

Got a response back from this lot,

 

first letter is 95% about how they will obtain possession order etc etc,

the bit I noticed most was when they refer to the arrears,

 

currently £1600 and decreasing, plus the figure from the other statement they sent me for the first time containing admin fees

- insurance fees etc going back to 2009 totalling £4500 as a combined £7000 of Default fees.

 

They are therefore telling me in writing that admin fees and charges for insurance are now Default fees ?,

and not straight forward charges for things they see as legitimate ?

 

Is it time to involve the FCA ?

 

Also if a mortgage is transferred to another company,

does the old possession order transfer as well.

 

We had one in 2009 with JP Morgan which they never enforced but Rooftop are getting all excited about ?

Share this post


Link to post
Share on other sites

bogus fees and charges can be reclaimed

 

check your land registry entry

if its not in their name they can go whistle!!

 

bet the letter says instructed and might nor WILL anything.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Had another demand from Rooftop this morning, wording changed from may to will so getting worried.

 

The suspended possession order as stated was granted for JP Morgan,

I have checked land registry and our house is now registered to Rooftop.

 

Cant understand the sudden change of attitude by them,

the arrears have decreased but they are now stating that the judge in 2009 ordered we pay back £173 per month above the usual payment which we cant remember although we did clear the arrears at the time. The latest ones are since 2014 but are decreasing.

 

For info Rooftop took over the mortgage in December last year.

Arrears currently £1700 with monthly payments due of £630,

so just under 3 months and like I say decreasing.

 

Any advice please ?

Share this post


Link to post
Share on other sites

You cleared the arrears demanded by the 2009 repo

They can't just state your payments should have been the same

Sounds Luke they don't know what they are doing

 

So how's this £11k? reclaiming going??

Surely the ins reclaim will wipe out the arrears

 

Scan up this letter to pdf


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Will do dx, I have statements for the charges but cant for the life of me find the template on here to work out the 8% etc, can you point me in the right direction

Share this post


Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

statint sheet

one for the extra unnecessary building insurance [£39 PCM wasn't it?}

 

 

one for the penalty/arears charges

 

 

read the notes on the sheet first


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...