norwich peterborough building society say mortgage charges are covered by oft case!!?

[jubaxt]

just put in a claim against npbs for arrears administration fees and returned cheque fees on a mortgage account-they have written to say arrears admin fees are justifiable and wont be refunded and also that returned cheque fees may be covered by the oft case if the principles apply-they are going to look into the legalities and contact me later!!??

am i correct in thinking that mortgages accounts are NOT covered by the test case!!?

[brecken]

I could do with an answer to this question, anyone know it ?

[jubaxt]

hi brecken-we may get an answer but npbs doesnt seem to have many claimants-is your claim against them or another building society?

[brecken]

Hi There, My claim is with GE money, I'm at Court stage, just about to submit claim, but dont know what to do for the best.

 

Anyone out there that can help us.

 

Brecken xxxxxxxxxxxx

[jubaxt]

hi brecken-just spoken with financial ombudsman and mortgage charges are NOT covered by the test case-the lovely lady i spoke with said it is a completely different matter to bank charges so i'm pressing ahead-she also told me its codswallop what npbs have said about arrears administration fees too-they are claimable-advised me to give npbs a few days to respond as they are looking into legal aspect-see post above-and then file a complaint if necessary-yipee-over £2500

[brecken]

That wounderful, Im pressing ahead has we speak, good luck with your calim, I'll keep my eye on your procress, and will let you know what happens with mine.

Hubby and I want to go away for a few days in October, might get there yet.

 

Take Care, Brecken xxxxxxxxxxxxxxxxxxxxxxxx

[jubaxt]

good luck-i'm going away aug 29th so want to have at least sent lba or got fos involved fully by then!

[zootscoot]

You should still carry on regardless of whether it is covered by the test case.

 

Although the test case is concerned only with bank charges it raises the same points of law as would be applicable in mortgage charges. A judge may decide to issue a stay in any event as has happened with credit card charges. You can raise objections to this using the fact that your case is not a bank charge claim in addition to the other objections.

 

All the best

 

Zoot

[gaz2006]

Hi Zoot

I have had stays by court on a business claim with Yorkshire Bank and a mortgage claim against GE Money and a friends case whcih I am doing re monument credit card all because of the oft case . Is it any use trying to get the stay lifted on any as it will cost £35 . If so do you have links speciimen letters for the credit card the mortgage and business claim anywhere regards Gaz

[clover46]

Hi Zoot

I have had stays by court on a business claim with Yorkshire Bank and a mortgage claim against GE Money and a friends case whcih I am doing re monument credit card all because of the oft case . Is it any use trying to get the stay lifted on any as it will cost £35 . If so do you have links speciimen letters for the credit card the mortgage and business claim anywhere regards Gaz

 

Further to above!!

 

Im currently claiming against a GE Money mortgages and ive just been advised by my local court that they have stayed the claim, i was under the impression that the OFT case does not effect mortgage accounts?

 

GE Money have NOT applied for the stay on my claim but rather it was the court that initiated it. Im currently in communication with Eversheds the solicitors that act on behalf of GE Money, however as GE Money are known to be very under-hand and ruthless my concern is that they will use the stay to there advantage and further abuse the process of settling my claim.

 

Is there a template letter/wording I can add to the application for stay removal to emphasise the fact that GE Money is not involved in the OFT case, and is indeed a mortgage claim.

 

Any help/advice appreciated.

 

Clover