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[293] ----- Original Message -----
From: Alistair
To: m@govanlc.com
Sent: Wednesday, August 30, 2006 10:25 PM
Subject: Preferred Mortgages Ltd
Good evening
I am writing to you to question a company:
Preferred Mortgages Ltd
Oakfield House
35 Perrymount House
Haywards Heath
West Sussex
RH16 3BX
I have had my mortgage with them for some 18 months and never missed
a direct debit payment until recent
Over the past 2 months I have missed 2 payment deadlines due to a
change of employment payment dates.
I have incurred 2 x £30 charges from this company following
payment declined because of insufficient funds in my account.
I wrote to them with your first letter (payment declined) and they
replied as follows:
Conclusion (theirs)
'I acknowledge your comments with regard to the Office of Fair
Trading and Consumer Credit Act 1974 however, this information is not
applicable to the mortgage you have with us as this is a regulated
Mortgage contract. I would advise that Preferred Mortgages is not a
bank and as such is not governed by the Banking Regulations but by
the rules laid out by the Financial Services Authority.'
[GLC note: Preferred Mortgages have got it wrong - if they are
charging £30 default charges in terms of the mortgage contract,
then the Unfair Terms in Consumer Contract Regulations will apply -
see the actual OFT press release here - http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm
The relevant part of it is: The OFT now
expects all credit card issuers to recalculate their default charges
in line with the principles set out in a statement published today
and to take urgent action where needed to reduce the level of credit
card default fees. The industry has until 31 May to respond to the
statement. These principles also apply to default charges in other
consumer contracts such as those for bank overdrafts, store cards and mortgages].
I wondered if there was any other recourse I could follow and I would
greatly appreciate your guidance
I look forward to your response in due course
Kindest regards
Alistair