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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently had my house repossessed and had a large shortfall.

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i recently had my house repossessed and had a large shortfall. i successfully negotiated a figure in full and final settlement of the shortfall.
having now checked my mortgage statements i see i was charged fees and charges of over £10,000. my question is, 'can i seek to recover those unfair penalties etc even though the debt has been cleared?'
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you paid this off?
Customer: replied 2 years ago.

yes i paid the agreed settlement amount in full...

If it's in full and final settlement sadly it means that. They can't take action against you and you can't take action against them. I will outline the process in the event you want to try and bring a claim but because if the above I don't think it would succeed.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

understood re the charges etc.

does the fact i have settled in full mean i am prohibited in bringing any action against them i.e. if they have charged me the wrong interest rate or early redemption charges which were not in my original mortgage offer?

You can try. But if it's full and final my view is that is a bar. But nothing to stop you trying as a small claim.
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