Need advice with Mortgage problem

[Exclus]

Re: Need advice with Mortgage problem

PlanB - didn't see your reply before posting my last post. Senior moment!

[Exclus]

Re: Need advice with Mortgage problem

I sent on all the 'final response' letters to my complaints - all offering financial compensation - and the FOS have decided to put them into two separate files, and as I put in the other thread, I am now waiting for the FOS to investigate. I have sent on to the FOS the most recent letter I received from the bank, removing my facility, even though I am reducing the balance owed monthly. Not sure if this is the correct thing to do, but thought they should be aware of any ongoing correspondence. They are also aware of my health problems.
Not really hopeful of a positive outcome, but at least it may give me more time.
Our estate agent cannot understand why the house has not sold - although it seems that some lower priced property is moving in our area. Soon as it sells we can settle the bank up and get on with our lives.

[PlanB]

Re: Need advice with Mortgage problem

I can see an update on another thread where you confirm you've referred a couple of those complaints to the FOS. Great news.

The bank should not issue any legal proceedings while that's going on. The first investigation stage (Adjudicator) will take 12 weeks minimum, and then it can be escalated to an Ombudsman which can extend things by a year.

I have referred a couple of 'final response' letters to the FOS, and am waiting for them to investigate - they said it would be about 12 weeks before I would hear anything from them .

[PlanB]

Re: Need advice with Mortgage problem

If you are only selling it under pressure from the bank then let's see if we can work on getting that pressure removed and a deal done so that you can remain in your home on your terms.

I see things have not been going too well since we last communicated in January

My mental health has deteriorated over the past few months, due in no short measure to pressure from a bank. They have recently cancelled an overdraft account, demanded that it is paid in full (they have security by way of a mortgage). I've now been diagnosed with depression, stress, anxiety and hopelessness by our local NHS Trust, and am starting therapy/counselling next week. I have informed the bank of this and am waiting to see just how 'compassionate and helpful' they will be, however I'm not holding my breathe for any positive result.
My problem with the bank has been going on for some time (PlanB knows the history and has been very helpful) and it seems that they have now run out of patience.

I have another thread on this in the housing section, and will update when there is any reply from the bank - or if they start any legal proceedings!

Update on this thread when you can and we'll see what can be done next.

There's a four letter word for dealing with banks who don't TCF and it begins with *C*. No not that word, it's CONC I'm referring to.

I'll read back through this thread but can you tell me whether you eventually referred your four complaints to the FOS?

Plan B x

[PlanB]

Re: Need advice with Mortgage problem

I have made four complaints over the past five months, mostly upheld by the bank, and all offering financial compensation, so should all four be part of one FOS referral, or should they be spaced out, increasing the time span?

I expect the FOS will want to combine the four complaints since they are all related to the same account albeit different issues.

The art of making a complaint is to include the resolution you are seeking then the FOS may help you to achieve that.

It's abundantly clear that the bank have made several errors since they've offered you compensation many times. We know what the bank has done wrong because they've admitted it. Now you need to decide what you want the bank to do to put things right.

That's why I raised the issue of whether you want to stay in your home or sell it and the reasons why. If you are only selling it under pressure from the bank then let's see if we can work on getting that pressure removed and a deal done so that you can remain in your home on your terms. If that's what you want.

[Exclus]

Re: Need advice with Mortgage problem

Thanks PlanB. One other thing to consider is that I have made four complaints over the past five months, mostly upheld by the bank, and all offering financial compensation, so should all four be part of one FOS referral, or should they be spaced out, increasing the time span?

[PlanB]

Re: Need advice with Mortgage problem

I'll read back through your thread and emails in the next few days so you can formulate a complaint to the FOS. While the FOS are investigating the lender should not take action. This will help to buy you more time.

Incidentally there was an interesting piece in The Sunday Times a few weeks ago (I can't post the link because the paper has a pay-wall) which quoted Linda Woodall, director of mortgage lending at the FCA as saying that "a transitional period should apply after MMR (Mortgage Market Review) implementation, which should mean existing customers are not subject to new affordability tests that are intended only for new borrowers".

In other words if you can afford to pay the interest on this secured loan then the lender Woolwich/Barclays should consider offering you a new loan or extending the terms of the current loan without too much fuss. Banks have been accused of going too far and being overly draconian in their interpretation of the rules which offer flexibility to use discretion on lending to existing borrowers during the transitional period.

I raise this point because I sense you may be reluctant to sell your home with all the ensuing costs of the transaction/move when in reality you can afford to live in it as you have proved. One option may be to apply for a replacement loan but only if they won't extend the term of the current one. Actually I think the Woolwich/Barclays should extend your current loan on an interest-only basis until you are 80 years old. I have a mortgage which runs until I'm 82. Mortgages up until you're 80 are the norm in France.

[Exclus]

Re: Need advice with Mortgage problem

Few things have happened over the past couple of months. On my last complaint I did receive a 'final response letter' which I replied to pointing out various mistakes etc. They reopened the complaint, agreed with virtually everything I had pointed out and sent another cheque for £100, which I have once again not cashed. The six months time limit for referring my first complaint to the FOS only has a couple of weeks left now, so I need some advice taking this to the FOS. Is this as easy as the leaflet makes out or are there some hidden negatives involved? The reason I want to refer this to the FOS is to buy time while my property is being sold to settle this debt.
As pointed out in a previous post I did send in an SAR back in September - cheque was cashed, but have not received any info. The Bank now tell me that although they cashed the cheque no action was taken to pass on this request to the Data Controller - even though my letter was sent to the Data Controller. Should I complain to the ICO or just wait to see how long they take - it's been over 100 days now!
Will be grateful for any advice given.

[Exclus]

Re: Need advice with Mortgage problem

Awaiting a letter re my complaint - they said they would reply by 27th Nov - but today received a cheque for £50 but no explanation letter ! I'll write back and tell them that until I receive a full reply to my complaint I will not be cashing this cheque, and do not accept this as any form of compensation. Not accepted there two previous offers of compensation as yet - still hoping to make a case to go to the FOS to buy a bit of time.
Still nothing from my SAR as yet - must be getting on for 70 days now.

[PlanB]

Re: Need advice with Mortgage problem

I have senior moments too so you're in good company

I'm shocked about the doorstep man. He probably agreed to the job because he fancied a trip to the beach!

As long as they haven't sent you the SAR response there is nothing to worry about. I wouldn't chase them. It would be a shame if the SAR turns up any documents which could be useful to them (such as reserve account Ts &cs etc). If I were you I'd keep my head down while they scurry around chasing their tails. This is a case of less is more

I'll read back through your thread in the next few days - there's nothing threatening going on at the moment is there?

[Exclus]

Re: Need advice with Mortgage problem

PlanB - did I ever send you a copy of the second complaint I made, as you asked for? If not , sorry, senior moment!

[Exclus]

Re: Need advice with Mortgage problem

I sent off a SAR in September - heard nothing yet, but I'm thinking the 40 days are just about up. One or two letters ping pong back over the last month, including one which said that they would get an agent to make a house visit if I didn't contact them. Obviously I did contact them explaining that they still had not sent on all the relevant paperwork I required, and I couldn't possibly do anything else until my financial and legal advisers (AAD) had seen the paperwork.
Yesterday a gentleman, I use the word loosely. made a house call. I have a notice on the door produced by the Council/police/trading standards saying if you don't have an appointment do not knock or ring, as this may be a criminal offence. He asked me for some identification, which I obviously refused, and he said he would then mark it down that I would not co-operate in any way. I told him I would co-operate, but put anything in writing. I asked him if he had seen the notice, and his reply was that as he was not selling anything, he did not think it applied to him. I told him to leave the property.
I have written to the bank making a formal complaint about this, and asked them for the full contact details of the Debt Management company this guy represented, and told them I may be reporting them to the police for his threatening behaviour.
Regarding the SAR - is it the ICO I register a complaint with as it's been over 40 days?
We've had a few viewings of the property over the past couple of weeks, but no offers as yet. Hopefully we can come up with a reason to make a complaint to the FOS to stop any action for a few months. Am putting off claiming the money offered by Barclays in compensation for my previous complaints just to see what we can get off to the FOS.

[Exclus]

Re: Need advice with Mortgage problem

Thanks for your kind thoughts.
My second complaint was a compilation of small things - I'll send you on a copy of the letter I received by email in the next couple of days.

[PlanB]

Re: Need advice with Mortgage problem

It was easier to handle these things 30 years ago . . . But 25years ago something changed our lives completely, for the worse, and resulted in me losing confidence in my ability to handle the problems and pressure we are now experiencing.

You've just won two complaints to Barclays in a row and they've offered you financial compensation too. I'd say that clearly demonstrates that you have the ability to handle your problems . No need to sell yourself short Exclus. At the risk of sounding like a midwife I'd say you're doing just fine

[PlanB]

Re: Need advice with Mortgage problem

They have once again upheld my complaint, and offered another £100 compensation.

I'm probably being a bit daft here, but what was the essence of your second complaint