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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2001 just after my wife died from cancer I had to sell

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in 2001 just after my wife died from cancer I had to sell our house and close our 30yr business and move to my home town Stoke and the then Cheshire Building Society (now Nationwide) wrongly charged me £2500 early closure fees on our mortgage (should not be charged where one mortgagee dies).
Tried very hard at the time to get refunded and was always fobbed off.Then went under my radar with everything else happening in my life !
Nationwide agree should not have been charged and have every sympathy as does the Ombudsman BUT because it is over 6 yrs they say they do not have to refund me and can keep my money!
Do I have a case under fairness and reasonableness and ethical at all please ?it just seems outrageous to a 71 yr old living on a pension they can do this.
thanks you
Mr Terry Wallis

Hello Terry my name is ***** ***** I will help you with this.

Just so that I am clear, what date did the fee wrongly get charged, was it 2001?
When did you realise it was wrongly charged?

Customer: replied 1 year ago.
was in July 2001 and and realised it was wrong in 3-4 months and visited the CBS office in Macclesfield where we lived but was always told head office were sorting it out.Many phone calls ensued but to no avail

Thanks. Its bad news I am afraid. Under the Limitation Act 1980 you have 6 years to bring a claim under breach of contract (which is what this is) or 12 years if that contract under a deed.

You are sadly out of time and the claim is statue barred. You are either 9 years under contract or 3 years under a deed.

Therefore they have an absolute defence and I am sorry to say any claim would fail.

I am very sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
don't think so Alex,thank you very much,just felt I needed confirmation so thanks again

I am really sorry. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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