28 Sep 2017 10:52 AM:
The banks are a bit of a lottery. There is no knowing how they will react to your claim. When I claimed for the first clause repayment a few years ago, they refunded me in a few weeks. When I put in a claim for this latest ruling 6 months ago, I got a reply within the 3 months deadline with a breakdown of what refund was due for each year. I phoned the bank to ask what the interest rates were for each year on the date my rate was set for the following 12 months and was told this information can be found when you log in online. What I found is that they have withdrawn all information from the start of the mortgage to the date the first clause pay-out was done. I wonder if this is to stop people calculating what amount they are actually due back. Hmmmm, but they were not going to pull the wool over my eyes. I phoned the bank and asked them what date each year my mortgage rate is set as it is recalculated every 12 months. I then went online and found out what the Euribor rate was on this date then added the banks percentage charge on top. I then dug out all of the old paperwork, went online and found a mortgage calculator that gave you a breakdown of interest and capital and calculated what interested was charged for that specific year, then started again with the new balance and new 12-month interest rate. I then compared this to the interest rates the bank was charging me to work out what I had been overcharged for each year. In the meantime, I received another letter from the bank saying I no longer qualified for the refund. I decided not to reply, but to continue working out what I should be getting. It takes a bit of time to do, but it's well worth doing it. I calculated they owed me more than double than what they originally offered. I think the banks are chancing their arm by offering a lower amount back in the hope that people just accept it. The problem is, if you do, it says in the letter it is a full and final claim if you do.
I then contacted my solicitor to say, surely, they have already accepted liability by offering me the refund. Before I got a reply from my solicitor, I checked my mortgage account and found the bank had lodged a 50% increase on the original amount offered into my account even though I had not disputed their recent refusal. So, it goes to show you have no idea how the banks will react.
My advice to everyone is, do your homework. Phone the bank and find out what date your mortgage rate is set. Go online and find the Euribor rate for that date. Add the banks percentage charge. Find out the balance outstanding the day before the first payment of the year is due, remembering it won't necessarily be 1st January. Use the mortgage calculator to find out what the capital and interest is for each year. Copy and paste each year’s table into a document to send to the bank, and write a cover letter to make the clause refund claim requesting a reply within the 3-month deadline as written in law. Hopefully by doing this you will get a far bigger pay-out and they won't try to pull a fast one on you.
Good luck.
Thread:
Steps for Claims on Floor Clauses in Mortgage contracts
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