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In many
cases lenders will rountinely refuse to provide a refund.
The reasons
given are typically - you agreed to the charges; they are part of the
terms and conditions of your mortgage; our charges are no more than
other lenders impose; or that the Unfair Terms in Consumer Contract
Regulations cannot operate to restrict the free market and/or agreed
prices etc.,
Do not despair.
These arguments are ill-founded.
If your lender
refuses a refund on one of these grounds, please consider sending a
final letter. An example style rebutting lenders standard arguments
is set out below. Remember to adjust the letter to suit
your particular facts and circumstances.
Final 'step
2' letter (htm) (word)
If you
don't get a response after 7 days, you should consider Step 3 -
raising a small claims action for payment - - Step 3 (England,
Wales or NI); Step 3 (Scotland).
Alternatively, if you do not feel confident raising a small claims
action, or your claim is over the small claims limit (£5,000 in
England & Wales, £750 in Scotland, & £2,000 in
Northern Ireland) you can lodge a complaint to the Financial
Ombudsman Service. The Ombudsman can require your lender
to refund your charges.
However, if
you do raise court proceeedings you must be prepared to undertake all
of the work necessary to present your case - up to and including a
full evidential hearing. The responsibility for litigation will
rest with you alone.
Please note
we do not have the resources to advise on individual cases online.
If you are
successful in getting charges refunded, let us know at: mail@mortgagecharges.info |
