Loki vs Platform

[Lokiuk73]

Hi everyone. I've joined the CAG as i belive passionatly about the issues you are fighting and indeed intend to take action against my own bank in a few months time. Unfortunatley I have a problem that has just popped up and I could really do with some advise please.

 

We recently missed one payment on our mortgage and recieved a letter on the 12 June informing us of the charges. The payment is due on the first of each month. The letter is as follows

 

"Our recent direct debit claim has been refused, and a charge of £30 will therefore be debited to your main mortgage account to cover the additional costs of returning the funds to your bank.

 

If this is the first time your payment has been refused this month we will make a replacement claim immediately. Would you please take whatever steps are necessary to ensure that your bank will meet this claim.

 

Please note that if in any month you fail to make your full contratual payment a £40 charge will be debited to your main mortgage account. This is in addition to the above charge for processing unpaid fees."

 

The advise I'm looking for is can they charge this amount? Also it apperas to me they are deliberatley returning the DD to my bank and then immediately requesting the DD at the same time when they know damn fine well the funds are not there, thus claiming charges a second time. The fact that the letter they have sent is dated 12 days after the event to me seems to support this. Now if the £30 charge for missing the payment is deemed fair what the hell is the £40 for? To me the wording of the letter explaining it tells me it is purley a penalty charge and is entirely unjustified and is there for profiteering. £70 for one missed payment is one hell of a charge and when you take into account that they have tried to take the money out again the same day it was refused, this charge has probably been applied twice!

 

Can anyone please give me advise on where I stand in this situation before I make a fool of myself.

[tonycee]

Firstly, why wait months to start claiming against your bank, its taking months to get anywhere. I would start asap..

 

As for the charges, yes, they can make these charges because they are in the T&Cs. What you have to remember is that dosent necessarily make them legal because THEY write the contract...Again i would send a S.A.R - (Subject Access Request) to your mortgage co asap, and see excactly what you are dealing with...

 

I dont believe they would do anything deliberately to make a second charge, as they opperate under strict laws, and could be fined heavily if proven guilty..

 

Nobody ever made a fool of themselves on this site, simply by asking some questions....

 

Start with the new S.A.R - (Subject Access Request) generator on the opening page of the forum and keep us posted, dont forget to keep a copy and send recorded delivery..

Good luck..