Need advice with Mortgage problem

[Exclus]

Re: Need advice with Mortgage problem

Have you had a chance to look at the ICO letter as yet?

[PlanB]

Re: Need advice with Mortgage problem

Send it to my AAD email planb@all-about-debt.co.uk and I'll take a look at it after the weekend

[Exclus]

Re: Need advice with Mortgage problem

I didn't actually make a complaint to the Woolwich - just informed them that I was referring it to the ICO for consideration and advice. The Woolwich took this as a complaint and responded to me as if it were.
Are you saying that if they respond by denying that they have done anything wrong in not keeping the original contract etc , then I have grounds take it to the FOS, which will put everything on hold for some time?
PlanB - Just had the reply from the ICO which I would like to send on to you by email for your thoughts, if that's OK.

[PlanB]

Re: Need advice with Mortgage problem

That's all good news as far as you're concerned. You wanted to buy yourself time to sell your home and you've got it by making a formal complaint to the Woolwich which you can (and should) take to the FOS. While that's trundling through the system it's unlikely they'll do anything aggressive towards you if you carry on making repayments to cover the interest each month - and a tiny bit more if you can manage it.

If you hear from the Collections Team post up immediately.

If they send you any documents then post up here immediately too so we can scrutinize them.

I think you're in for a long wait

[Exclus]

Re: Need advice with Mortgage problem

Morning All.
Heard back from Woolwich, about 10 days ago, saying they were investigating my complaint and hoped to be back to me by the 17th August, and also an acknowledgement from ICO that they had received my complaint.
Now I think I have explained that for this 'reserve account' we were issued a cheque book to use as and when we needed to, up to a limit. Obviously we haven't used this account for a couple of years, since the problems began. It's a joint account for myself and my wife, with both of us named on the cheque book. However, yesterday, my wife received two new cheque books for this account with only her name on the account.
It may be nothing but a mistake, but it seems strange that this has occurred just when things are coming to a head. I just don't trust the buggers!

[PlanB]

Re: Need advice with Mortgage problem

Thanks for your continued help and support. I'm sure that I'll receive something from the collections department, as they do not seem to read anything that I've ever sent to them, and just continue to send out letters from a pre-written library.not answering any of my points.

I've finally got my dedicated AAD email account up and running (only after I sent Niddy an SOS and he spent nearly three hours sorting it for me this afternoon ).

So I've now got your previous detailed email and I'll read it over the next couple of days to make sure I haven't missed anything.

[Exclus]

Re: Need advice with Mortgage problem

Thanks for your continued help and support. I'm sure that I'll receive something from the collections department, as they do not seem to read anything that I've ever sent to them, and just continue to send out letters from a pre-written library.not answering any of my points.

[PlanB]

Re: Need advice with Mortgage problem

It's a form I downloaded from the ICO - 'Report a concern about accessing your personal information' - plus I added correspondence showing exactly what I was complaining about.

This should put you in a Win Win situation.

If they have destroyed the original documents they'll be in some difficulty enforcing that loan. It's not impossible but it makes their job harder.

If they find the documents in their archives then at least you'll be able to see what you signed up to and whether there is anything in it which could be seen as unfair etc.

I doubt they'll take action while this is going on as long as you keep up with your payments to cover the loan interest which means the bank is not being prejudiced by the delay since the debt isn't getting any bigger.

Your mission is to delay action while you sell your home or win the lottery. Let us know if you hear anything from the Collections Team. The left hand doesn't always know what the right hand is doing with big businesses like Barclays.

[Exclus]

Re: Need advice with Mortgage problem

It's a form I downloaded from the ICO - 'Report a concern about accessing your personal information' - plus I added correspondence showing exactly what I was complaining about.

[PlanB]

Re: Need advice with Mortgage problem

I've sent off the form and attached some letters to the ICO. I've also informed the Woolwich of this.

What form is that ?

[Exclus]

Re: Need advice with Mortgage problem

I've sent off the form and attached some letters to the ICO. I've also informed the Woolwich of this, and pointed out to them that it was them who advised me to take financial advise, and now that I have taken this advice on here, that they cannot supply me with the documents that are needed for anyone to give financial advice. Bit like a merry-go-round!
I've also asked for them to cease any further action until we hear back from the ICO. Not sure that they will take any notice, but as PlanB says it lays a good paper trail.
I suppose it really depends on whether it's six years they have to keep records for, or six years after the mortgage/relationship ends as the accounts are still live. In any event it may buy a bit of time.

[PlanB]

Re: Need advice with Mortgage problem

You wouldn't have a FOS case based on them not retaining data as that's an ICO remit. Hence I suggested the route to take above, ie the ICO first. If they find in your favour go back to the business and request it again THEN and only then can you complain to the FOS.

I wasn't suggesting a complaint to the FOS about Barclays not retaining data. I was suggesting a complaint about the way that they have handled Exclus' account where they've been threatening repossession when they had already agreed in principle and in writing that he could extend his loan for a longer period of time to pay back the non-mortgage element, and then they changed their minds. It would be a different issue to the FOS.

There's nothing to stop Exclus making a separate complaint to the ICO about non retention of paperwork and then referring that to the FOS afterwards.

Hit them with two FOS complaints, why not. It'll string things out for even longer if they amalgamate them both

[Never-In-Doubt]

Re: Need advice with Mortgage problem

You wouldn't have a FOS case based on them not retaining data as that's an ICO remit. Hence I suggested the route to take above, ie the ICO first. If they find in your favour go back to the business and request it again THEN and only then can you complain to the FOS.

[PlanB]

Re: Need advice with Mortgage problem

I will take this action if they put me under any further pressure. Buying more time seems to be sensible, but not sure what else I can ask them to provide. Any ideas?

It would be good if we could come up with something which gives you reason to make a complaint to the FOS because that will take months and months to investigate. The ICO may decided to punish Barclays but how does that help you? Those documents may exist in their archives and they may yet be able to produce them. At the moment they probably think they haven't got a leg to stand on without them so let's not disillusion them, although this won't necessarily stop them from trying so we need to be on our guard if they should pounce. But I think we should see that coming with a formal LBA etc.

Being stuck in the queue for a FOS Ombudsman's Decision (because you will undoubtedly reject the Adjudicator's decision ) for up to a year will buy you the time you're after. And who knows the FOS may rule that you don't have to pay off that Reserve account as quickly as Barclays would like. The FOS can use *reasonableness* in their Decisions even if the law says different.

I think you need to work on getting all their misdemeanours lined up with full confessions in writing, and then make a formal complaint. Obviously if they put you under pressure then you will need to change tack.

I'll read back through your thread and email. I'm away now until Thursday.

[Exclus]

Re: Need advice with Mortgage problem

I think you are correct, Plan B, in getting them to admit other things prior to making a formal complaint to the ICO. However, make no mistake, I will take this action if they put me under any further pressure. Buying more time seems to be sensible, but not sure what else I can ask them to provide. Any ideas?