Need advice with Mortgage problem

[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.

[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

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

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.

[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.

[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

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

[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

[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

[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.

[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

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

[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

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.

[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.