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Extortionate over charging and fees help!

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  • Extortionate over charging and fees help!

    Hi I have never been on this site before but I need some advice. My grandmother bought a small flat in Surrey (in an OAP estate), after moving down from Scotland, for £70,000. She had around £20,000 and thus received a loan from RBS for £50,000. This was over 14 years ago and at the time the conditions were such that they have now been made illegal, but paradoxically are still in effect due to the long standing nature of the agreement.
    When she bought the small 1 bedroom flat it was £70,000, it is now worth £230,000. After 14 years she has not even begun to pay off the price of the loan. In the 14 years since arranging the contract, she has paid nearly 1.5 times the amount of the loan, just in interest and has not even begun to dig into the loan.
    That is the first issue. The second is the agreement when agreed over 14 years ago (which is now illegal) still maintains that when she finally pays off the loan and sells the house (for around 230,000) the bank will take 75% of all that she receives.
    As far as I can calculate she has already paid off more than the entirety of the original cost of the house but due to the unscrupulousness of RBS she has still to pay off her loan and to give the 75% of the money she would make if she sold the house (even if she died and we sold it, the bank would still take 75% of the cost plus the entirety of the loan still to be paid off). Just a brief idea, 75% of 230,000 is 172,000, add to that the loan and she would receive approx £7,500 after almost 15 years of interest and appreciation.
    There are, I am sure, some particulars that I am not privy to but the bottom line, how can RBS get away with continuing to blatantly extort an 80 year old widow with a poor pension when she has already paid off much more than she originally owed them.
    I would greatly appreciate any advice on this matter and I hope that there is some way to resolve this clear breach of morality (I won't except an excuse based on bank protocol and technicalities).

    Thanks

    Jonathan

  • #2
    Re: Extortionate over charging and fees help!

    Hi jonathan and welcome to Legal Beagles.

    Any chance you could scan and post up a copy of the loan agreement.

    Please remember to remove and personal details that might identify your Grandmother before posting.

    Once we have had a chance to scan through the agreement I am sure we can offer some sensible and useful advice.

    Rgds Budgie

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    • #3
      Re: Extortionate over charging and fees help!

      Do you have copies of the mortgage agreement ? That would be immeasurably useful.


      (oops great minds eh Budgie)
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Extortionate over charging and fees help!

        Originally posted by Amethyst View Post
        (oops great minds eh Budgie)
        One great mind and one great body !!!!!!!!!!!!! PMSL

        Comment


        • #5
          Re: Extortionate over charging and fees help!

          Hi guys

          Thanks for the quick response. I just checked and it actually was a mortgage, not a straight loan. A retirement mortgage plan that was in effect in the 90's. I am in the process of acquiring a copy of the agreement to post.

          Thanks

          Comment


          • #6
            Re: Extortionate over charging and fees help!

            I'm sure I have seen something concerning this type of mortgage in the press and I'm almost sure it was to do with RBS. I've had a quick Google and can't find it, but it must have been in MoneyMail as that's the only daily I read. Will have another rummage round and see if I can come up with anything.
            Is no longer here

            Comment


            • #7
              Re: Extortionate over charging and fees help!

              Ahhh its an interest only mortgage. Did your grandmother have any endowment type plan in situ to pay off the capital ?


              Found this on Halifax
              Retirement home plan (RHP)
              Mortgages


              Raising capital in retirement with an interest only mortgage
              The maximum age at the end of the mortgage term to 75 years for all lending, with the exception of Retirement Home Plan.
              A retirement home plan mortgage is a lifetime mortgage scheme conducted on an interest only basis. No deduction is made in the affordability calculations for the cost of an investment. RHP mortgage is only normally available to applicants over the age of 65. There is discretion for applicants under 65, in circumstances where they are retired with no earned income. Funds can be used for any purposes. Maximum LTV - 75%. Retirement home plan has been classed as a lifetime mortgage scheme by the FSA so is subject to the specific sections of MCOB.
              How it works

              This is a lifetime mortgage where the mortgage balance never decreases. It must be repaid at the end of the mortgage term or when the property is sold, if this is earlier. Once the mortgage is repaid, any surplus sale proceeds belong to your client or their estate.
              To make sure your clients understand the features and risks, you must provide them with a personalised illustration.
              Client already has a mortgage?

              If your client already has a mortgage with any lender, they can transfer it to Halifax Retirement Home Plan, and take advantage of a lower, interest only, monthly payment.
              Monthly repayments

              Your clients need enough income to meet their monthly repayments and other associated home ownership costs.
              If they haven't already retired, they'll have to continue to pay the monthly repayment once they retire when their monthly income may reduce.
              To use retirement home plan for home purchase or home improvements, DWP (Department for Work and Pensions) benefits may be suitable income.
              Terms

              • Minimum age: applicants must normally be age 65 or over
              • Maximum term: 40 years
              • Maximum loan: 75% of property value. Other restrictions may apply depending on the product selected
              • Basis: single or joint life, fixed or variable rate interest only mortgage
              • Interest rates: rates will depend on the individual circumstances of the applicant
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Extortionate over charging and fees help!

                Very good Ame, but where does it say they can take 75% of sale proceeds that is quite unfair.

                PF
                ------------------------------- merged -------------------------------
                Reading this has some wires been crossed somewhere ?

                Maximum loan: 75% of property value. Other restrictions may apply depending on the product selected
                PF
                Last edited by pompeyfaith; 27th August 2010, 19:18:PM. Reason: Automerged Doublepost
                If you think nobody cares if you're alive, try missing a couple of payments.

                sigpic

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                • #9
                  Re: Extortionate over charging and fees help!

                  Let's wait till we see Jonathon's Grandmother's actual agreement !!

                  Comment


                  • #10
                    Re: Extortionate over charging and fees help!

                    Was this a Shared Appreciation Mortgage at all?
                    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                    Comment


                    • #11
                      Re: Extortionate over charging and fees help!

                      Could be Tools, sounds very much like it !

                      Comment

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