Piesky V halifax (Mortgage)

[piesky]

Hi everyone. I took out my Mortgage with Halifax back in 2003 and in 2007 started to get into a few financial difficulties which have resulted in numerous letters and charges being added to my account over the past couple of years. All of these charges are excessively high and I was wondering whether or not I could reclaim these under a Bank Charges reclaim. I am sure they add up to a substantial figure.

[Tools]

Re: Piesky V halifax (Mortgage)

That would depend on what the charges were for and how much. Could you give us a little more detail.

[piesky]

Re: Piesky V halifax (Mortgage)

Yes, charges like £25 for a phone call, £35 for a letter,etc,etc.

[scoobydoo]

Re: Piesky V halifax (Mortgage)

Are your arrears cleared now and do you still have your mortgage with the Halifax?

[piesky]

Re: Piesky V halifax (Mortgage)

Yes, I have changed to an interest only Mortgage and Capitalised the arrears.

[WendyB]

Re: Piesky V halifax (Mortgage)

I think it is probably not advisable to go after the charges whilst your mortgage is still with them. Just in case they decide to call in the loan. There may be a clause that states "we may recall your borrowing blah blah blah" in the small print. Worth scrutinising the T and Cs before your go any further, I think.

Not a risk worth taking, IMO. This is just my opinion.

[piesky]

Re: Piesky V halifax (Mortgage)

Hi WendyB, I understand your concern regarding the calling in of the mortgage and value your remarks and opinion/advice, however, it was confirmed and upheld in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. That a charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach.

Surely if this is brought to their attention, it would be even more unfair of them to then ask for their money back. I don't think this would be looked upon favorably by any of the authorities if they were to do this - especially more so as HBOS/Lloyds is now mainly owned by the taxpayer.

Has anyone else had personal experience of these charges? I am sure I read somewhere that Sapphire has.

[borgbaiter]

Re: Piesky V halifax (Mortgage)

hi

you need to be aware of any indemnity clause in your mortgage contract. this could mean you end up paying them to defend against you even if you unltimately win in court.

it is likely any court case will be taken to fast track or even multi track rather than the small claims. this will cost you more and risk costs being awarded against you even if there is no indemnity clause.



Borgbaiter

[WendyB]

Re: Piesky V halifax (Mortgage)

o however, it was confirmed and upheld in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. That a charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach.

Surely if this is brought to their attention, it would be even more unfair of them to then ask for their money back. I don't think this would be looked upon favorably by any of the authorities if they were to do this - especially more so as HBOS/Lloyds is now mainly owned by the taxpayer.

Problem is, that what they should do, and what they do do, are two very different things. As we all know, banks seem to be a law unto themselves and by the time they are stopped it could be a very costly business for you, not only in monetary terms, but stress and worry etc. By the time they actually do the right thing, follow the correct procedure etc, you could be halfway down the road to bankruptcy, losing your house, or worse.

This is just my opinion, and maybe I am a wimp, but I would be very wary of going down this route whilst my mortgage was still with them. I might be tempted to do a prelim, and see where that got me, but then I know I wouldn't have the nerve to push it any further if they said no..

[piesky]

Re: Piesky V halifax (Mortgage)

Thanks for your input everyone.

[TUTTSI]

Re: Piesky V halifax (Mortgage)

Hi Piesky

MORTGAGE CHARGES

I am currently claiming our charges back from various mortgage companies as with mortgages you can go back 12 years. So far I have some success with Melboune Mortgages they are our current 2nd Mortgage Company.

This is my thread http://legalbeagles.info/forums/showthread.php?t=12946 and I can tell you since the last posting they have further reduced the late payment charges and withdrawn the solicitor letters charges.

We are still fighting them on compensation for the disturbance at 7:15am which is against the OFT rules for DCA's.... and we are still addressing this.

Our plan was to send the Pre lim letter followed by the LBA then off to the FOS when we have received their final responses as we understand this is the easiest route. Probably not the quickest but effective. We have just to do follow ups and will probably deal with this this weekend.

Tuttsi

[piesky]

Re: Piesky V halifax (Mortgage)

Thanks Tuttsi....interesting.

[FM79]

Re: Piesky V halifax (Mortgage)

Hi everyone,

I'm just doing some reading and spotted this. Any update piesky?

I'm doing the same as you and reclaiming arrears fees of £35 a time. I'm sending my letter off on Monday, requesting a total of about £400.

Can I reclaim statutory, compensatory interest at 8%, as with bank and credit card charges? (Sorry, I still have reading to do.)

As WendyB said, I would hate for them to be spiteful and call in the debt as I still have my mortgage with the Halifax.

Best,
FM