• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Mp's Attacking Mortgage Arrears Fees

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mp's Attacking Mortgage Arrears Fees


    MPs attack mortgage arrears fees

    A committee of MPs has attacked the way some mortgage lenders levy high charges on customers who fall into arrears.
    The Treasury Committee said this practice was "intolerable" and demanded that the Financial Services Authority (FSA) put a stop to it.
    The committee also said some lenders were breaking the rules by using repossession as a first, rather than last, resort with borrowers in arrears.
    The FSA said it would publish proposals this autumn after a widespread review.
    "The FSA continues to take a robust position with firms as soon as we have evidence of wrongdoing and also to ensure borrowers are treated fairly throughout the lifetime of their mortgage," said a spokeswoman.
    But the MPs in their report said they were shocked at what they perceived to be the FSA's "leisurely" approach to enforcing the existing rules governing mortgage lenders.
    "We have heard evidence of charges as high as £35 from some lenders for simply sending a letter or making a phone call, and charges as high as £150 for a visit from a so-called 'debt counsellor'," said John McFall, chairman of the committee.
    "Such practices are intolerable and are placing additional financial as well as emotional strain on those already struggling to keep a roof over their head," he added.
    Getting worse
    The committee took evidence during a short inquiry in June and July.

    The FSA and the OFT must get a grip on this problem
    John McFall MP

    It was told that nearly 400,000 homeowners in the UK were behind with their mortgage repayments by March this year.
    Although the increase in repossessions had slowed down recently, the committee said it was sure the problem of arrears and repossessions would become worse in the future.
    The main targets of the MPs' criticisms were the sub-prime and specialist lenders, some of whom, the MPs were told, had a deliberate policy of trying to repossess borrowers' homes as soon as they fell behind with repayments.
    This is against the rules on treating custom fairly, which are supposed to be enforced by the FSA.
    But the MPs said that in some cases, this was not happening.
    "The FSA and the Office of Fair Trading (OFT) must get a grip on this problem and crack down on lenders who are breaking the rules and mistreating customers in arrears," said Mr McFall.
    Profiteering
    Just as alarming to the MPs were the stories they heard of some lenders imposing excessive extra fees for dealing with customers in arrears.
    The fees, the MPs said, appeared to be a source of extra profit for the lenders, rather than merely covering the extra administrative overheads involved.
    The committee demanded that the FSA and the OFT take action to eliminate excessive arrears charges and said all lenders should publish a breakdown of the fees they imposed.
    The MPs took a distinctly dim view of the FSA's attitude to these problems.
    They accused the financial regulator of taking far too long to investigate firms accused of treating borrowers unfairly.
    "The FSA needs to start protecting consumers who have been made vulnerable by the recession and stop protecting the commercial interests of lenders trying to evict people from their homes," said Which? chief executive, Peter Vicary-Smith.
    "The FSA must respond to the committee's condemnation of its leisurely approach to enforcement by immediately publishing the names of the firms it is investigating."
    'Shocked'
    Four firms are now facing enforcement action by the FSA after an earlier inquiry lasting a year and a half.
    But the MPs said the FSA's reluctance to name and shame them, until they were found guilty, gave the impression the regulator was more interested in protecting the reputation of the lenders than protecting their customers.
    "I am shocked at the length of time it is taking the FSA to complete enforcement action against firms it suspects are breaking the rules," said John McFall.
    "During this time, many thousands of consumers will have suffered detriment and some will have lost their homes," he added. The committee of MPs said it also wanted an explanation from the government about why its mortgage rescue scheme had, so far, helped only six households, rather than its target figure of 6,000 families.

    Story from BBC NEWS:
    BBC NEWS | Business | MPs attack mortgage arrears fees

    Published: 2009/08/07 23:27:04 GMT

    © BBC MMIX

  • #2
    Re: Mp's Attacking Mortgage Arrears Fees

    FFS! this may all be UTCCR 1999 related so durrr "Test case".
    MP's with head stuck up own posterior

    Comment


    • #3
      Re: Mp's Attacking Mortgage Arrears Fees

      I've just used this in a letter to RBS Tuttsi.

      Thread here... http://www.legalbeagles.info/forums/...9&postcount=12
      My Blog
      http://cabotfanclub.wordpress.com

      Comment


      • #4
        Re: Mp's Attacking Mortgage Arrears Fees

        From experience ( from days before computer records and automated letters) I can confirm it takes very little time in the initial atages to deal with arrears. A quick call , a quick note and a check the following month to see if an arrangement has been made.

        Also all lenders have to make a provison for bad debt and the work involved and it should be included when they set the interest rates for all borrowers.

        The only time I can see justification for the charges is for when it approaches possession stage. I think these charges are disgusting and I am just glad they are getting some publicity. Claim through the FOS is the advice as they are helping in some cases.
        "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

        "Always reach for the moon, if you miss you'll end up among the stars"


        Comment


        • #5
          Re: Mp's Attacking Mortgage Arrears Fees

          In the case of RBS they treat it exactly like bank charges. One missed payment then BAM. £35 please, thankyouverymuch.

          Well, I'm not putting up with it. I wouldn't stand for it with my current account, and I CERTAINLY won't with my mortgage either.

          Especially since it's all because of their ineptitude. Perhaps I should charge them £35 for telling them not to be stupid.
          My Blog
          http://cabotfanclub.wordpress.com

          Comment


          • #6
            Re: Mp's Attacking Mortgage Arrears Fees

            Especially since it's all because of their ineptitude. Perhaps I should charge them £35 for telling them not to be stupid.

            As anyone who has tried this will tell you, the response from the bank will be ‘there are no contractual provisions to enable you to make a charge’

            Does this not open the door for the charge to be unfair on grounds other than what are being used by the OFT?
            Part 1(b) of schedule 2 states
            inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations

            So if you have reason to complain about the banks inadequate or non performance, restricting the legal right to charge a fee (vis-à-vis the bank) makes the terms allowing them to impose charges for non or inadequate performance ‘unfair’

            Gotta be worth considering ????

            Comment


            • #7
              Re: Mp's Attacking Mortgage Arrears Fees

              Too deep for me, JM. I'd rather they just paid up. Failing which, I'll simply provide documentary evidence of their stupidity, and bang a complaint off to the FOS.

              I STULL find it hard to believe they are as stupid as they make out. But that only leaves an accusation of them deliberately "making mistakes" in order to generate revenue, hoping the customer won't make a fuss.

              And that can't be right, surely. Can it?
              My Blog
              http://cabotfanclub.wordpress.com

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
              Working...
              X