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

[money...money...money...]

Hi All...

 

I have a few questions,

 

1. I originally took out a mortgage with kensington nearly 2 years ago after about 1 year I received a letter informing me that my mortgage is now with "Mortgage Agency Services" not sure why? Has anyone else ramdomly been moved to these?

 

2. I have been in this mortgage for nearly 2 years now (22months) I'm tied in for 3 years, we are about 75% through selling it because the payments are rediclous, anyway I have been told I have to pay about £16k redemption (6%), am I right in thinking after the sale a can claim it back?

 

3. I have done 2 bank charge claims which were successful, the question I have here is - with the court action, isnt there some sort amount, I think its £5K that your allowed through small claims court, if so what other court and is it riskier?

 

Thanks in advance

[paddym]

hi money ,

i was with spml who sold my mortgage to mortgage agency services the rate these people charge is ridiculous .I am now in the process of starting my claim for a refund of fees of these people theyre a subsidury of a bulilding society but i cant for the life of me remember who???

[zootscoot]

Hi Money

 

16k is an obscene amount to charge you!

 

For 16K you could possibly be looking at a multi-track and risk going to the High Court as oppose to even the county court. You risk paying the banks costs if you lose and these are going to be much greater because in the High court generally only barristers as oppose to solicitors can appear (although there are some solicitors which have rights of audience in the High Court). So what this means is that the bank will have two lawyers fees the solicitors for preparing the case and the barristers for presenting the case in court. The actual court costs will also be greater.

 

Although, balanced against this is the fact the bank is likely going to want to avoid going to the High court and 16K is a lotta money to lose.

 

This is something you need to consider very carefully and you might want to see how other claims progress first to help judge the risk.

 

Hope this helps

 

Zoot

[norvernrob]

hi money ,

i was with spml who sold my mortgage to mortgage agency services the rate these people charge is ridiculous .I am now in the process of starting my claim for a refund of fees of these people theyre a subsidury of a bulilding society but i cant for the life of me remember who???

 

SPML accounts changed to Capstone mortgage services a while ago if that's any help.

[JulieG]

I have been told I have to pay about £16k redemption (6%), am I right in thinking after the sale a can claim it back?

 

 

In my case I started haggling BEFORE the sale & the charges were waived in full before completion. However, I was in a 6-year deal and even nearer to the end than you. Generally speaking the banks do face some loss if you terminate early on a fixed rate or low start deal so I very much doubt you'd be entitled to the full £16k back - but even the most simple maths tells you theyre better off after 22 months then if youd terminated in month 1 - so to charge you the same redemption fee irregardless of time passed implies its a penalty rather than a genuine pre-estimate of their loss.

 

Most lenders now taper the redemption so that the longer you've paid the lower the % applied. If you were tied in for 36 months the £16k = £444 per month & youve redeemed 14 months early so 14 x £444 = £6,222 or around 2%. That would seem a fairer figure.

 

If I were you Id start the ball rolling now by writing & stating that the £16k constitutes a Penalty under the Unfair Terms in Consumer Contracts legislation & offering to settle at the £6,222. Advise them that if they dont accept then you'll be seeking redress through the Courts.

 

You can still claim in the County Court - but go for the full £16k. If they defend (and they will!) you can then make a Part 36 Offer to settle at circa £10k (ie £16k less £6,222) If they refuse and the judge subsequently rules in your favour for £10k or more then Im pretty sure the other side becomes liable for your costs as well as their own - but please note Im not a lawyer so Id strongly recommend you engage a solicitor to issue proceedings and have this strategy in mind from the start.

 

Good Luck!

[paddym]

spml lend money to people with adverse credit history their rate as normally high after the customer has been with them a while they then sell it on to other mortgage companies.

paddy

[dashngail]

Hi All

 

We filed our court claim and as of 25/08/06 Mortgages PLC havn't sent in a defence. So we have checked on the money claim site and have been directed to

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

We appear to have got judgement by default.

 

Has this happened to anyone else, it can't have been as easy as this.

 

Thanks

Dashngail

[gizmo111]

Hi All

 

We filed our court claim and as of 25/08/06 Mortgages PLC havn't sent in a defence. So we have checked on the money claim site and have been directed to

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

We appear to have got judgement by default.

 

Has this happened to anyone else, it can't have been as easy as this.

 

Thanks

Dashngail

 

Well looks like you have won this one - now to get your money.

[chrismc]

Hi All

 

We filed our court claim and as of 25/08/06 Mortgages PLC havn't sent in a defence. So we have checked on the money claim site and have been directed to

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

We appear to have got judgement by default.

 

Has this happened to anyone else, it can't have been as easy as this.

 

Thanks

Dashngail Consumer Action Group - Reply to Topic

Dash

 

If you filed your claim on 8/8/06 as suggested by your signature, have they acknowledged it yet?..if so I thought they had 28 days from acknowledgement before you could obtain judgement by default?

 

The text you highlighted is the standard script that shows up if you click on 'Start' which gives you the options you have listed. However, as far as I know you cannot do anything until the 28 days have expired and they have not filed a defence, if in fact they have acknowledged it??

 

Can you clarify what position you are at with this??

 

Thanks

Chris

[rascal3103]

i thought they had 14 days from claim date, once acknowledged then this extends to 28

[chrismc]

i thought they had 14 days from claim date, once acknowledged then this extends to 28

 

Yes that is what I think also, that is why I was asking if they had acknowledged it? Maybe I wasn't too clear in what I said above.

[maroonfox5]

No they have 19 days from the date filed as the court give about 5 days for the papers to be deemed to have been served.

If they acknowledge then they have 28 days from the first date served to file a defence.

You can enter judgement after 14 days if they have done nothing.

 

Can you give us an update Dash?

[dashngail]

Hi Chrismc

 

We havn't had an acknowledgment or defence, if fact we havn't had any response at all from them or the court, so as I understand we can claim judgement after 14 days.

 

As for the script we didn't realise this was standard.

Going to ring the court in the morning.

Cheers

dashngail

[gizmo111]

Hi Chrismc

 

We havn't had an acknowledgment or defence, if fact we havn't had any response at all from them or the court, so as I understand we can claim judgement after 14 days.

 

As for the script we didn't realise this was standard.

Going to ring the court in the morning.

Cheers

dashngail

 

I hope they don't file anything tomorrow - as I think your 14 days would be 27th - when you applied for judgement did MCOL let you continue to get it - I hope so.

 

Best wishes & Good Luck

[maroonfox5]

Dash

 

I don't think you can enter a judgement online unless the time slot has elapsed.

The system will not allow you to.

 

Good luck and hope you get the right news from the court.

 

Regards

 

MF5

[chrismc]

Let us know how you get on with the court Dash...I think you could file now online if they have not acknowledged.

[dashngail]

Hi

 

Went to moneyclaim site this am, selected option judgement by default and it allowed us to continue,

 

So it seems we have a judgement by default.

We await the judgement from the court, can anyone tell us what we have to do once we receive them

 

Cheers, from 2 very happy people, this claim was on behalf of our son

dashngail

[Kidson]

Have noticed claim was on behalf of your son - can you please advise if the court papers were served in your name acting on behalf of your son or were they all presented in your son's name.

 

Reason I ask I am acting on behalf of my daughter.

[dashngail]

Hi

Yes everything has been in our sons name. We told him about claiming and he asked if we would do it for him.

 

Cheers

Dashngail

[Kidson]

Many thanks

[claims32]

Hey Guys

 

I am in the process of changing my mortgage from the Britannia as my fixed fee period is up. The what £104333 to redeem plus £5216.65 early payment charge, £135.00 discharge fee and £50.00 deeds release. Can I do anything about this?

[norvernrob]

look on the main forums page - other institutions - mortgage companies. Quite a few people are currently attempting to reclaim their ERC's.

[dashngail]

Hi all

I as said in last post we have judgement against Mortgage PLC by default.

Now on to the next step, when we filed the judgement it asked how we wanted payment, we selected immediately (of course).

 

We understand that the court will send us the details of the judgement, but we're unsure what our next step will be to enforce the judgement, does anyone have the answer to this one.

 

Can't explain how delighted we are to have got this judgement for our son, although we are not finished there we have just sent second letter to redeem our £6000 + penalty charge from Platform Holdings and to Lloyds TSB for bank charges.

 

A HUGE THANK YOU TO EVERYONE WHO HAS HELPED GET US TO THIS POINT.

Cheers

Dashngail

 

dashngail

[gizmo111]

Hi all

I as said in last post we have judgement against Mortgage PLC by default.

Now on to the next step, when we filed the judgement it asked how we wanted payment, we selected immediately (of course).

 

We understand that the court will send us the details of the judgement, but we're unsure what our next step will be to enforce the judgement, does anyone have the answer to this one.

 

Can't explain how delighted we are to have got this judgement for our son, although we are not finished there we have just sent second letter to redeem our £6000 + penalty charge from Platform Holdings and to Lloyds TSB for bank charges.

 

A HUGE THANK YOU TO EVERYONE WHO HAS HELPED GET US TO THIS POINT.

 

Cheers

Dashngail

 

dashngail

 

Absolutely fantastic - I think you wait 7 days and then issue a warrant to send the balifs in!

 

Nightstar has a judgemant against Barclays which will interest you

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/11348-nightstar-barclays-bailiffs-going-6.html

[doyin22]

Any ideas if i can claim application fees, vacating fee and completion fees? i had no redemptions as i was not tied in to my mortgage but I have been charged £250 each time i remortgaged to a better rate and £695 for completing the mortgage on that rate as well as £150 when i closed the account after my tie in period. In total about £3000.