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Mortgage charges

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  • Mortgage charges

    Hi hope this is the right place.

    Last summer I decided to reclaim the charges on my old mortgage account with UCB Homeloans.

    They amount to £1200 and I did all the usual sar,pre lim and lba and then in August last year I sent a complaint to the FOS.

    All I have been getting from them is the 4 weekly letters stating we are busy and sorry bbut your complaint cannot be dealt with yet.

    Today I sent a stern e-mail asking what the hell was going on as it has been 11 months and nothing happening.

    The following is the reply:
    I can only apologise for the delay in your complaint being allocated to an adjudicator for assessment. Whilst we aim to resolve most complaints within 6 - 12 months, this timescale is a guideline only. Depending on the complexity of the issues involved, some cases may take longer to reach a resolution. Unfortunately, one reason for the delay is due to the large number of complaints that this service has received in the last year.

    I note your comments regarding your other two complaints that have been dealt with even though they were referred to us at a later date. Our role is to reach a decision based on what we consider to be fair and reasonable in relation to a particular complaint. However, we have recently seen a large increase in the number of mortgage arrears complaints that are being referred to us. Therefore, these types of complaints have been the subject of much discussion between senior management due to the wider implications it may have on the banking industry as a whole. I can also assure you that work has been going on behind the scenes in relation to complaints about mortgage arrears fees.

    Although we will endeavour to deal with your complaint as soon as we are able, I cannot provide you with a specific timeframe.I appreciate that this may cause you further frustration and once again can only apologise for the length of time that it is taking to deal with your complaint. If you do wish to complain about our service, you can write to the Service Review Team. The Service Review Team's role is to deal with complaints about the manner in which a complaint has been handled by our service.

    I wondered if anyone hear has put a mort charge claim through FOS and had the same probs?

    I didn't go to court as I wasn't sure of the arguments and from what I've read otr the mort companies tend to fight these and to be honest I didn't think I stood much chance.

    All comments would be welcomed as I am not sure what to do.

    thanks

  • #2
    Re: Mortgage charges

    This is for charges rather than ERC, yes?

    Comment


    • #3
      Re: Mortgage charges

      Hi,

      I made a claim against Abbey National last Summer for mortgage arrears penalty charges and filed for Court. Abbey gave me a defence and a counterclaim (Not exceeding £5000). I ignored this element and Abbey's Solicitor;s DLAPiper could not settle my case quick enough. They never mentioned the counter claim again!

      Press ahead with Court is my advice!

      H

      Comment


      • #4
        Re: Mortgage charges

        It is for failed dds etc not erc as I was not charged one.

        If I file in court I am not sure of what to put in poc and what case law can be relied on. This is why I went to the fos but after a year and nothing it seems court should be the way.

        Comment


        • #5
          Re: Mortgage charges

          Is this a mortgage account with a lender that you no longer use?

          Comment


          • #6
            Re: Mortgage charges

            yep this is an old account.

            thanks all for help

            Comment


            • #7
              Re: Mortgage charges

              In that case, you should issue an LBA then follow up with a claim in the normal way. If you need help with the PoC we can help here, but send the LBA first in any case.

              Comment


              • #8
                Re: Mortgage charges

                Thanks very much.

                Will get that done today.

                Comment


                • #9
                  Re: Mortgage charges

                  New schedule done and found £100 extra.

                  LBA sent this morning.

                  Comment


                  • #10
                    Re: Mortgage charges

                    Excellent, keep us posted.

                    Comment


                    • #11
                      Re: Mortgage charges

                      Hi all
                      Letter from UCB today. They say that it is their understanding that my complaint has been sent to the FOS (yep 1yr ago!) and that it is in the final stages of investigation. (news to me)

                      They say that they spoke to FOS yesterday and I have had a letter dated 15th July explaing, so they are not happy to recieve LBA.

                      Now I did recieve a letter from FOS but it was the usual 4 weekly update saying we are far too busy can't deal with your complaint yet!!!!!!!!!!!

                      So tomorrow I will contact the FOS and ask what the hell is going on.

                      One of them is telling porkies.

                      Comment


                      • #12
                        Re: Mortgage charges

                        Their lack of happiness should be none of your concern.

                        They have had plenty of time to deal with this yet have manifestly failed to do so. Do not be stalled any more, remember - the clock is ticking.

                        The next document you send them should be a claim form. Stick to your timetable.

                        Comment


                        • #13
                          Re: Mortgage charges

                          Hi Cetelco

                          Should I bother contacting the FOS?

                          Comment


                          • #14
                            Re: Mortgage charges

                            I would not bother - what use have they been to date?

                            Continue with the court claim instead and we can help you here.

                            Comment


                            • #15
                              Re: Mortgage charges

                              ok thanks so much.

                              I am very unsure of what to put in POC as this is mortgage claim. I also know from others that have fought against UCB that the will fight this so this makes me a bit nervous I am afraid.

                              Thanks again

                              Comment

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