Need advice with Mortgage problem

[Exclus]

Re: Need advice with Mortgage problem

Taking your advice and will send off SAR at the end of next week.

[PlanB]

Re: Need advice with Mortgage problem

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

Wow, well done you again. Two complaints in a row upheld so you must be getting something right

Tomorrow I'm sending off my SAR.

There's no hurry. You've not had any legal threats. Hold your horses and send off the SAR in seven days' time. After that you can send the lender a letter which says "holds your horses" until you've replied to my SAR in 40 days. That should stop all collections' activity.

Since there are no legal threats on the table you can filibuster for as long as it takes. This is the same as the UE process.

If the lender can't yet provide the original agreement for that reserve account they may be in some difficulty trying to enforce it.

[Exclus]

Re: Need advice with Mortgage problem

Update:
They have once again upheld my complaint, and offered another £100 compensation. Tomorrow I'm sending off my SAR.
As far as an FOS complaint, is the fact that they have not sent on an original T&C's or a copy of our original mortgage offer enough grounds for a complaint - although I'm hoping for more to come out once the SAR has been satisfied.
I know that we only want to stall everything until a house purchaser comes along, but could an FOS complaint be held as frivolous.

[Exclus]

Re: Need advice with Mortgage problem

You are probably correct - too impetuous. However it's done now so I will wait for the reply before sending off a SAR.

It was easier to handle these things 30 years ago, when I had a couple of very successful businesses, and didn't give two figs for anyone. The problems we are facing now would not have worried me in the slightest as I knew I would have been able to overcome any s..t that was thrown my way. 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. This is why I am so pleased with the help I am being afforded now. Thanks to all.

[PlanB]

Re: Need advice with Mortgage problem

For some unknown reason they have also changed the reserve account into just my wifes name.I have replied pointing these things out to the collections department.

Don't get too trigger-happy with the complaints. You need to space them out if your intention is to buy time.

If they've renamed the joint Reserve account in your wife's sole name there must have been a reason. Maybe it would have been better to have simply asked them why they've done it (personally I'd have done nothing at this stage) not complain that they have in case it was a mistake which works to your advantage. How can they repossess a house with a mortgage in joint names for a debt linked to it in your wife's sole name? Think about it.

[Exclus]

Re: Need advice with Mortgage problem

I've had a letter asking me to phone them, despite, on numerous occasions asking for everything to be in writing. Obviously I have no intention of phoning. The letter, although addressed to us, started Dear Mr and Mrs (Other name). For some unknown reason, they have also changed the reserve account into just my wifes name.I have replied pointing these things out to the collections department.

I have also made another complaint about these things to the same complaints manager who handled the previous one. I know these are all just stupid elementary mistakes on the banks part, but it might just muddy the water a bit more, buy some more time, and make more of a case to put forward to the FOS.

[PlanB]

Re: Need advice with Mortgage problem

I know you are probably very busy, but any thoughts on how I should proceed as yet?

You have six months to refer that complaint to the FOS so plenty of time to get the SAR done.

Don't answer their letter yet however tempting it may be to grab the measly £250 comp on offer. If you do that they'll think you're happy with the response and close the case.

I've looked at your complaint letter and can see they've upheld everything including some strange interest calculation which they got wrong. Good, the more they've messed up along the line (and admit to it) the better if this ever gets to litigation.

You've not raised any complaint about their broken promise to extend your mortgage account by two more years. Have you got any proof of that promise in writing? If not don't over-worry because it may be in a call log when you get back your SAR.

I know they say they're going to resume collection activity but as yet they haven't. The minute they do (if they do) then post on here.

[Never-In-Doubt]

Re: Need advice with Mortgage problem

To answer the SAR query, if it is a joint account then only one is required however if you have sole accounts with the group and a joint account within the same group you would need two SAR's (one each). So basically if it is a joint mortgage then one jointly signed SAR will suffice, if however it's with a bank and you have bank accounts / loans / cards as well as a mortgage then do separate SAR's.

Good luck

[Exclus]

Re: Need advice with Mortgage problem

PlanB - I know you are probably very busy, but any thoughts on how I should proceed as yet?
Perfectly happy to SAR if necessary, prior to FOS if you think that this is the way forward - if so should this be in joint names, or two separate in individual names.

[PlanB]

Re: Need advice with Mortgage problem

please email their Final Response letter so I can see what they are confessing to.

Also email your complaint letter to them so I can see whether they've actually answered your queries.

Exclus.

I've got your emails and I'll reply on Tuesday after the Bank Holiday.

PlanB x

[Never-In-Doubt]

Re: Need advice with Mortgage problem

Exactly! This isn't about the ICO or the FOS it's about the OP fighting off repossession of his home.

Ooooh I see, ok well yes then you need to go to the FOS with this - not the ICO as the FOS would determine what the rules actually are - however if they find that the bank is correct, ie that they don't need the paper-trail because it's on a computer record the FOS may still find in their favour at which point the ICO can be utilised for failings within SAR.

If he is up to date with payments they cannot repossess.

[Never-In-Doubt]

Re: Need advice with Mortgage problem

To buy and/or to waste time.

For what - they can still take action if it's with the FOS.....

[Exclus]

Re: Need advice with Mortgage problem

My thoughts are exactly that of PlanB and CleverClogs - a complaint should buy some time. The latest copy T&C's they sent have no date, and are a Barclays document. The original reserve account was with the Woolwich, and this was transferred to Barclays in 2007, so common sense says that the T&C's should be in the Woolwich name.

[PlanB]

Re: Need advice with Mortgage problem

I have up to now not had any dealings with the FOS . . .

The bank have said that they will not stop the collection procedure in the meantime

it was their final response, and they did include a leaflet for the FOS. No deadline to accept/reject. I can email you the response if it helps, as I can fully understand it's hard offering advice if you don't know the full story.

Yes please email their Final Response letter so I can see what they are confessing to.

Also email your complaint letter to them so I can see whether they've actually answered your queries.

[CleverClogs (RIP)]

Re: Need advice with Mortgage problem

Barclays is busy digging a big hole for itself, long may it continue

Somewhat off-topic response: