Jump to content


  • Tweets

  • Posts

    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

My Mortgage Fees Were Refunded!!!!!!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6405 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

We sent our second letter to Mortgages PLC, today we have received a response, we are really confused at what our next step should be.

 

They have sent a letter stating that we agreed that the beginning of the mortgage to pay a 6% redemption charge if it was settled before 2 years.

The last paragraph states this is not their final response yet they are not offering anything.

 

Our dilemma now is the 14 days are up at the end of next week should we just go ahead and issue summons for small claims or do we reply to this letter challenging the disproportionate ammount charged. Or can we even issue the small claim when they are offering to talk more even though they are not offering a way forward. It seems to us that they are using delay tactics.

 

Within in the letter it is mentioned that in January 05 our mortgage was in arrears ( for about 4 weeks no more) and that when this happens manual work has to be done. This to us is nonsense in regard to the redemption charges we are talking about.

 

 

Any help offered would be most gratefully accepted.

 

Thanks

Dashngail

Mortgages PLC Redemption £3795 1st & 2nd letter sent no offer. Court Papers issued 8/08/06

JUDGEMENT BY DEFAULT 29/08/06

BALLIFFS INSTRUCTED ? 21/09/06

 

 

HSBC - mortgage charges + credit card - 1st letter sent 14/06/06 No reply after 40 days - Sent Data Protection Act letter sent 25/07/06

 

Platform Holding - 1st letter 14th July - Response negative - Second letter 29/08/06

 

 

Lloyds TSB - 1st letter sent 14/06/06 - Statements received - 2nd letter 21/07/06c will issue claim if no response by 5/09/06

Link to post
Share on other sites

  • Replies 229
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Our dilemma now is the 14 days are up at the end of next week should we just go ahead and issue summons for small claims or do we reply to this letter challenging the disproportionate ammount charged. Or can we even issue the small claim when they are offering to talk more even though they are not offering a way forward. It seems to us that they are using delay tactics.

 

Which 14 days? I assume you sent a preliminary request, to which they responded? Or is this in response to the letter before action? Either way, if you can explain what you've done so far it'd be helpful.

 

Within in the letter it is mentioned that in January 05 our mortgage was in arrears ( for about 4 weeks no more) and that when this happens manual work has to be done. This to us is nonsense in regard to the redemption charges we are talking about.

 

You're right, nothing to do with it. I'd take any arrears fees, late payment fees, etc and deal with it separately.

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

-------

Link to post
Share on other sites

Hi

Sorry didn't make ourselves clear in previous post

We sent to preliminary letter giving 14 days to respond. There reply to this was to send us a copy of our orginal contract pointing out that we had agreed to the 6% redemtion charge.

 

We then sent the second letter giving them a further 14 days consideration before action.

 

In there reply that draw our attention to the Special Mortgage Condition 147 Redemption Charges.

"the borrower (you) may repay the secured ammounts in whole or part on any business day, provided that in each case where such payment occur on or prior to the third anniverary of completion the borrowere shall pay to the company an administration fee equal to 6% of the capital balance amount being repaid.

Where such repayments occur after the 3rd anniversary after completion the borrowere shall pay to the company an administration equal to ones months interest on the amount repaid at the rate of interest applicable to the mortgage on the mortgage on that date of such repayment. This administration fee shall not apply where one calender month written notice is given"

 

It then goes on to say we should have brought this matter up at the time, then onto mortgage arrears (which we havn't mentioned in any correspondence)

They also ask why we didn't bring it up when we completed the mortgage.

 

Another point in the letter states they presume we completed this mortgage to get a lower rate with another company therefore they don't beleive we have been financially dissadvantaged by redeem our mortgage, in actual fact the mortgage we now have costs more, but we had to redeem for other reasons.

 

They have also sent us another breakdown of the completion statement, which clearly says

Early Repayment Charge £3,490.13

Redemption Admin Charge £ 134.

 

Even though they have sent this epic without making any offer of refund, the next to last paragraph says they hope it will not become neccessary to commence proceedings. The last paragraph is the one which says please note this is not my final response and gives us until Sept 7th to respond.

 

Are they buying time or does anyone think we should go ahead with our claim in small claims, or should we reply asking them to send us a breakdown of manual costs relating to the early repayment charge

 

We can scan the letter on privately if anyone thinks they need to read more

 

Sorry this message is a bit like war and peace, but we don't want the final 14 days to elapse and us not be ready for war.

 

Thanks

Dashngail

Mortgages PLC Redemption £3795 1st & 2nd letter sent no offer. Court Papers issued 8/08/06

JUDGEMENT BY DEFAULT 29/08/06

BALLIFFS INSTRUCTED ? 21/09/06

 

 

HSBC - mortgage charges + credit card - 1st letter sent 14/06/06 No reply after 40 days - Sent Data Protection Act letter sent 25/07/06

 

Platform Holding - 1st letter 14th July - Response negative - Second letter 29/08/06

 

 

Lloyds TSB - 1st letter sent 14/06/06 - Statements received - 2nd letter 21/07/06c will issue claim if no response by 5/09/06

Link to post
Share on other sites

Well firstly, even if you did redeem the mortgage to move to a better rate, that has nothing to do with them. charging you a £3500 redemption fee sounds like they are putting you at a financial disadvantage to me! Our argument though is the same principle as the bank charges - penalty charges shouldn't be more than the actual costs incurred, so did it cost them £3500 to actually administer your mortgage settlement? It's untested as yet and opinions seem to be split as to whether this does apply exactly the same as bank charges.

 

As they haven't given a final answer though and seem to possibly be receptive to negotiation, what I would do now is send them another letter, saying you will hold off on starting proceedings for another 14 days - providing they enter into genuine talks about reimbursing you. You could also add a couple of paragraphs from the OFT statement about penalties that someone else has used within this sub-forum, and ask for a breakdown of charges.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

Link to post
Share on other sites

Hi. thanks for the reply.

Here's something we've worked up to send, opinions anyone!

 

 

Thank you for your letter dated 14th July 2006, we have read its contents thoroughly.

We have only recently been made aware of the legal precedent and recommendations to financial institutions by the Office of Fair Trading, which were detailed in our previous letters. This information, relates specifically to unfairly disproportionate charges and fees levied by banks and financial institutions in relation to its customers. Furthermore these recommendations allow for retroactive claims for charges made within the last six years. Had we been aware of this at the time the mortgage was redeemed, then they would have been contested.

In this particular instance we feel the redemption charge levied against our account for the completion of the mortgage, does not accurately reflect the actual cost of work involved to redeem this contract, nor, as you letter implies, the administration of the account. You will note from the completion statement with which you have kindly furnished us, that an amount of £134.00 was also levied on our account for ‘Redemption Administration Charge’, you will kindly note that we not attempting to contest this charge and feel this is fair and justified.

We would like to correct your assumption that this mortgage was redeemed in order that we could benefit from a more favourable rate of interest with another lender, in actual fact this was done for entirely different reasons and we are in fact paying more per month to our current lender. Although this has little or no bearing on the matter under discussion, we feel it is important to make this correction.

We accept your statement regarding the arrears which occurred on the account in January 2005, and that some direct manual intervention was required at that point, and as a result were charged £413.00 in administration charges, as detailed in the redemption statement you have kindly sent us.

We are not disputing in any way that the mortgage account was redeemed at the time your letter states, nor are we disputing any of the dates, term lengths or interest percentage rates stated, these are clearly stated in your documentation. However we are somewhat confused by the statement implied in your letter that your charges “compensate us for the cost of administering your mortgage account effectively”, surely once a mortgage account passes its initial period, a redemption charges is no longer applicable, what vehicle exists to compensate you at this point?

As we have stated above, our dispute in this matter is directly related to the actual cost involved in redeeming the mortgage account, and how this actual cost relates to the amount charged.

Therefore we would be pleased to receive from yourselves a breakdown, in form of a receipt, detailing the minutiae of the £3490.13 charge and how that charge has been reached, including cost of man hours, office supplies, telephone calls, etc. We would also be pleased if you would process and send us this information before the 24th July 2006, as this is the deadline we have set within our previous letters, and at which time we shall commence with County Court proceeding against you.

Alternatively, we would be pleased to receive reimbursement of the redemption charges in the form of a cheque or an undertaking from yourselves that payment will be forthcoming. Please note that any payment in the form of a cheque should be made solely in the name of ‘xxxxxxx' as no joint bank account exists.

Furthermore, we are willing to enter in further meaningful dialogue with yourselves in an effort to settle this matter amicably, any such expression should, again, be made by letter before 24th July 2006.

Please note we are resolute in our stance, and would advise that this matter not be treated lightly.

Thanks

Dashngail

Mortgages PLC Redemption £3795 1st & 2nd letter sent no offer. Court Papers issued 8/08/06

JUDGEMENT BY DEFAULT 29/08/06

BALLIFFS INSTRUCTED ? 21/09/06

 

 

HSBC - mortgage charges + credit card - 1st letter sent 14/06/06 No reply after 40 days - Sent Data Protection Act letter sent 25/07/06

 

Platform Holding - 1st letter 14th July - Response negative - Second letter 29/08/06

 

 

Lloyds TSB - 1st letter sent 14/06/06 - Statements received - 2nd letter 21/07/06c will issue claim if no response by 5/09/06

Link to post
Share on other sites

Seems to me as these mortgage companies "Dress up" the title of what is in effect an early "redemption penalty"to suit themselves ,and call them:-

 

Administation fee

 

Early repayment charge

 

Mortgage exit fee

 

"Mortgage redemption administration exit repayment fee!!!!!!!" .

 

But the fact of the matter remains that this charge whatever it is called is still no more than a "PENALTY" and in essence this is our point of arguament.I don't see how they can prove otherwise ,and not only that,but be prepared to go to court to defend the point.

 

I think that anyone here has a great chance of getting this charge back.

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

Link to post
Share on other sites

Dashngail,

 

I think your letter is excellent ,it's to the point and also eloquant ,polite but you have come across as no pushover.

Good Luck on this one.

I'm watching with interest.

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

Link to post
Share on other sites

Looks good dashnail....to the point and not to flowery!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

I am completly new to this and would appreciate any help in what I need to do to get started. In brief, sold house in Jan 2006 after 18 months and had to pay over £5k redemption penalty to GMAC. I've read about the Data Protection Act forms do I need to send request this first or can I go straight in with the letter asking for my money back? Many thanks!

Link to post
Share on other sites

Hi Misslilly

 

We sent our preliminary letter off a couple of weeks ago. We had the orginal mortgage offer which has all the interest rates included. ( you wont need the orginal offer to send the first letters, but you will need these if you have to go to small claims). When sending the first couple of letters when claiming redemtion you should only need to quote the amount you have been charged.

 

If you have a look through this thread there are a couple (including ours) templates you could use.

 

As I said the template for the letter we have sent are on this thread but if you can't find them just e-mail us privately asking for copies.

 

Let me know how things go!

Dashngail

Mortgages PLC Redemption £3795 1st & 2nd letter sent no offer. Court Papers issued 8/08/06

JUDGEMENT BY DEFAULT 29/08/06

BALLIFFS INSTRUCTED ? 21/09/06

 

 

HSBC - mortgage charges + credit card - 1st letter sent 14/06/06 No reply after 40 days - Sent Data Protection Act letter sent 25/07/06

 

Platform Holding - 1st letter 14th July - Response negative - Second letter 29/08/06

 

 

Lloyds TSB - 1st letter sent 14/06/06 - Statements received - 2nd letter 21/07/06c will issue claim if no response by 5/09/06

Link to post
Share on other sites

I have just sent a letter based on what you chaps have drafted out to Preferred Mortgages requesting return of £2669, this was a house I sold in 2004. I will wait then go after them for all the excess charges, Has any one else gone after Preferred

Trevor

Link to post
Share on other sites

hi all im redeeming a mortgage with preferred this friday 21 july 06 they are charging me £6700 letting it go thru then going after them please keep us up to date on how u progress good luck mate !

paddy

if my advice has been of any help to you then please click the scales ! Thank you :D

Link to post
Share on other sites

Hi Dashngail

 

Thanks for your reply. Went through my stuff yesterday and for some reason I've lost loads of paperwork. Only seem to have the letters they sent referring to interest rate rises and the end of our discount period! Can't even find the letter showing the amount left to pay and the redemption fee! I do have a copy of the original offer letter though, so I hope this will be enough?

 

I think I'll contact my solicitors to see if they have a copy of the final invoice which will show how much the redemption fee was! Not doing to well really am I?

 

Am I able to request copies of this information from the mortgage company?

Link to post
Share on other sites

Misslilly

Yes you can request the info from your mortgage company under the Data Protection Act (letter in in the library section). It will probably cost you £10 and you have to give them 40 day to do it though. It might be quicker all round if you could get the full figures from your solicitors.

Good luck with your search

Dashngail

Mortgages PLC Redemption £3795 1st & 2nd letter sent no offer. Court Papers issued 8/08/06

JUDGEMENT BY DEFAULT 29/08/06

BALLIFFS INSTRUCTED ? 21/09/06

 

 

HSBC - mortgage charges + credit card - 1st letter sent 14/06/06 No reply after 40 days - Sent Data Protection Act letter sent 25/07/06

 

Platform Holding - 1st letter 14th July - Response negative - Second letter 29/08/06

 

 

Lloyds TSB - 1st letter sent 14/06/06 - Statements received - 2nd letter 21/07/06c will issue claim if no response by 5/09/06

Link to post
Share on other sites

i sent a 1st letter to abbey to request my £2000 early redemption charges incurred by leavin my fixed rate 2 years early for a better rate back, and they wrote back with a flat no.

 

what should i do now - if anything??!

 

sarah

Link to post
Share on other sites

Help and advise needed before Tuesday if possible.

We at the point where we need to prepare our moneyclaim for mortgage redemption.

We have read the wording for claiming bank charges through court, but need to know what wording we need to change if anything for claiming redemption charges.

This is quite urgent as our previous mortgage provider has only until the 26th to make an offer, so we would like to prepare our summons so that we are ready to go at the exact time we have given them.

Help please someon

Thanks

Dashngail

Mortgages PLC Redemption £3795 1st & 2nd letter sent no offer. Court Papers issued 8/08/06

JUDGEMENT BY DEFAULT 29/08/06

BALLIFFS INSTRUCTED ? 21/09/06

 

 

HSBC - mortgage charges + credit card - 1st letter sent 14/06/06 No reply after 40 days - Sent Data Protection Act letter sent 25/07/06

 

Platform Holding - 1st letter 14th July - Response negative - Second letter 29/08/06

 

 

Lloyds TSB - 1st letter sent 14/06/06 - Statements received - 2nd letter 21/07/06c will issue claim if no response by 5/09/06

Link to post
Share on other sites

Here's a copy of what we have put together from the templates. It is what we think we should put on our moneyclaim form for redemption charges

Comments anyone

Thanks

Dashngail

 

We had a contract with the defendant mortgage provider July 04 and which was conducted on their standard terms and conditions. We are claiming the return of money taken by the defendant in the way of redemption penalty charges in Oct 05. The defendants charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

We have repeatedly asked the defendent to justify their charges but they have declined to do so.

Mortgages PLC Redemption £3795 1st & 2nd letter sent no offer. Court Papers issued 8/08/06

JUDGEMENT BY DEFAULT 29/08/06

BALLIFFS INSTRUCTED ? 21/09/06

 

 

HSBC - mortgage charges + credit card - 1st letter sent 14/06/06 No reply after 40 days - Sent Data Protection Act letter sent 25/07/06

 

Platform Holding - 1st letter 14th July - Response negative - Second letter 29/08/06

 

 

Lloyds TSB - 1st letter sent 14/06/06 - Statements received - 2nd letter 21/07/06c will issue claim if no response by 5/09/06

Link to post
Share on other sites

Here's a copy of what we have put together from the templates. It is what we think we should put on our moneyclaim form for redemption charges

Comments anyone

Thanks

Dashngail

 

We had a contract with the defendant mortgage provider July 04 and which was conducted on their standard terms and conditions. We are claiming the return of money taken by the defendant in the way of redemption penalty charges in Oct 05. The defendants charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

We have repeatedly asked the defendent to justify their charges but they have declined to do so.

 

Seems ok to me, but I think you may need to ask someone who has better knowledge, alanfromderby seems to be up on mortgage comapanies.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

I would leave out the bit about S. 15 of the Supply of Goods and Services Act. This only applies where the cost of the provision of the service was not agreed at the time the contract was entered into. Whereas the cost of redemption fees are generally written into the contract when you take them out.

Link to post
Share on other sites

We entered a contract with the defendant mortgage provider in July 04 which was conducted on their standard terms and conditions. We are claiming the return of money taken by the defendant in the way of a redemption penalty charge in Oct 05. This charge relates to our breach of contract in that we terminated the contract before the agreed period. The defendant's charges for our breach are a disproportionate penalty and therefore unenforceable as they are contrary to common law as establshed in Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 and affirmed in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). [ delete In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.delete]

We have repeatedly asked the defendant to justify their charges but they have declined to do so.

Link to post
Share on other sites

Sorry for jumping in. I have a Kensington morgage tied for 3 years with 18 months to go since Jan 2005. Its costing me a fortune on repayments [8.8%]. I would like to get out. Can I request removal of the condition [early redemption fee of £9713.40] before sourcing for another provider.

 

Please advice.

 

Ruare

 

 

Citicards Data Protection Act sent 15.6.06

2 A&L card DPA sent 15.6.06

2 Barclaycard sent 15.6.06

RBS Platinum – payment request 11.7.06 £170

BOS Union card – final payment request 15.7.06 £290

2 Barclays current accounts – payment request 13.7.06 £1155+£1355

Link to post
Share on other sites

Probably too soon to say. As of yet, the mortgage territory is relatively untested.You can certainly try to negotiate with Kensington, although I'm not sure they are the negotiating type! Until you have paid up the money you can not actually take them to court. So if the negotiations don't work, it may be worth watching the site to see if its worth risking paying up then reclaiming.

Link to post
Share on other sites

Thank you for the reply

I'll hold on for now.

 

Citicards DPA sent 15.6.06

A&L card DPA sent 15.6.06

2 Barclaycard sent 15.6.06

RBS Platinum – payment request 11.7.06 £170

BOS Union card – final payment request 15.7.06 £290

2 Barclays current accounts – payment request 13.7.06 £1155+£1355

Link to post
Share on other sites

Hi Ruare

Kensington are a hard lot as a matter of interest they were the first mortgage company to specialise in what is know as sub prime mortgages meaning people with poor credit histories or self employed with no proof of income. One thing you could do which they dont advertise (by the way I am a mortgage broker) is go back to them they now have some good deals as they are trying to go up market. That way you will not pay a redemption fee and could get a good rate. While I am on this another thing they will do is if you redeem a mortgage with them because you are moving take out a new mortgage with them and they will refund the redemption fee with in 14 days of completion. If the new mortgage is smaller they will charge a pro ratio fee. Then of course you can just move and like a lot of us sue them. Good Luck and if I can help any more shout

Trevor

Link to post
Share on other sites

Thanks for your advice Trevor. The reason for askings this is that I am currently have a dept repayment plan owing £70k, paying £600 a month. I have £30k deposit in the house and I am looking at remortgaging and offering my creditors around £20k among them as a final settlements. I want to avoid the early exit penalty of £9713.40. then I would end up being debt free with around the same monthly mortgage repayment, if I can get a better rate [with my credit record??]

 

Any suggestions anyone or is this too much information.

 

Ruare

 

 

 

 

Citicards DPA sent 15.6.06

A&L card DPA sent 15.6.06

2 Barclaycard sent 15.6.06

RBS Platinum – payment request 11.7.06 £170

BOS Union card – final payment request 15.7.06 £290

2 Barclays current accounts – payment request 13.7.06 £1155+£1355

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6405 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...