Need advice with Mortgage problem

[PlanB]

Re: Need advice with Mortgage problem

It was rather more that I had received a reply from the ICO that PlanB was going to get Niddy's thoughts on the reply.

I've sent Niddy a message about this ICO issue.

You may need to send a SAR to discover what the bank have/haven't got.

Did the bank's letter in response to your complaint (which you didn't make) say that it was their "Final Response" with the FOS leaflet included in the envelope? Was there a deadline to accept/reject their offer of compensation?

[Exclus]

Re: Need advice with Mortgage problem

Yes, 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.

[Never-In-Doubt]

Re: Need advice with Mortgage problem

Well if they've accepted your complaint and made an offer why do you want to go to the FOS?

Makes no sense....?

the ICO are powerless to an extent so usually you use their decision to help with the FOS but if the bank admit the fault and offer a payout why bother with FOS?

[CleverClogs (RIP)]

Re: Need advice with Mortgage problem

Just a small point in that the reserve account is not unsecured, as they hold the deeds

But do they?

Apart from the legal charge on the house recorded at the Land Registry, they might retain nothing at all and may well have destroyed the physical deeds.

[CleverClogs (RIP)]

Re: Need advice with Mortgage problem

Well if they've accepted your complaint and made an offer why do you want to go to the FOS?

Makes no sense....?

the ICO are powerless to an extent so usually you use their decision to help with the FOS but if the bank admit the fault and offer a payout why bother with FOS?

To buy and/or to waste time.

[PlanB]

Re: Need advice with Mortgage problem

To buy and/or to waste time.

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

The object of the exercise is to trick the bank into admitting they haven't got the documents which they need to prove that he has to pay off his Reserve Account now that his associated mortgage term has expired. So far so good.

A year messing about at the FOS will give the OP ample time to sell his property which is currently on the market and he is willing to do. Oddly enough the last thing the OP wants is for Barclays to come up with the documents.

Exclus is building a case and laying a paper trail. Barclays is busy digging a big hole for itself, long may it continue

[CleverClogs (RIP)]

Re: Need advice with Mortgage problem

They've sent you Ts & Cs from 2012 which are not the same thing as Ts & Cs from when you entered into the contract in 2002. Mortgage Ts & Cs cannot be varied (except by a court) so those Ts & Cs are probably meaningless since they weren't in existence when you signed the original contract.

It is certainly difficult to understand why those Terms and Conditions could be considered part of a contract entered into a decade earlier.

You told me your home has beach access so the summer is an ideal time for marketing as it should have dried out from the autumnal flooding by then.

I've fixed your post for you.

[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:

[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.

[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.

[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.....

[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.

[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

[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.

[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