Need advice with Mortgage problem

[Exclus]

Re: Need advice with Mortgage problem

Thanks - I'll get some paperwork together and send it on later today.

[PlanB]

Re: Need advice with Mortgage problem

I'll get some paperwork together and send it on later today.

I've got all that.

Give me a few days to read and digest.

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

PlanB - Things have moved on today. Received a Formal Notice of Referral to Solicitors from the bank. I have written a reply, but would like you to look over it before I post it. I'll send on all docs by email to you if that's OK. Hope for a speedy reply as getting the letter this morning was a bit of a shock and I would like to reply ASAP.

[Exclus]

Re: Need advice with Mortgage problem

Have sent a few emails back and forth with PlanB. Confident that she will come up with an answer to my problem, but a very worrying time.

[cymruambyth]

Re: Need advice with Mortgage problem

Planb is excellent at dealing wth all aspects of housing.

[Exclus]

Re: Need advice with Mortgage problem

PlanB - You mentioned about mis-selling of the mortgage, and I explained about the meetings with the advisor, but I've just remembered something else. I've been looking on line about mis-selling, and one reason for this seems to be mortgaging/remortgaging to pay off credit card debts. The majority of the money we raised in the mortgage went to paying off credit card debts, and the bank were fully aware of this as it was on the application form. I try to find any paperwork here to back this up.

[Exclus]

Re: Need advice with Mortgage problem

Wanted to agree with what cymruambyth posted earlier. PlanB has, and continues to help at every stage. Lots of advice happening behind the scenes.

[PlanB]

Re: Need advice with Mortgage problem

This has now been escalated to an Ombudsman (Adjudicator's findings rejected).

The FOS Adjudicator has written to Barclays to ask them to hold off possession proceedings until a Final Decision has been made. No guarantee they'll agree but if you don't ask you don't get

I'm unimpressed at the Adjudicator putting pressure on Exclus to sell his home. They're supposed to investigate a complaint not run your life.

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

PlanB - I wrote to the bank last week (you have seen it), know they got it because it was signed for, and including in the letter (the bit you didn't see) I said that I believed that the original mortgage had been mis-sold to me, and was making a formal complaint. I quoted a couple of reasons, but want to put together a more detailed letter, and wondered if you had come up with any ideas about mis-selling that I could include. Seems to me that the more reasons I come up with the more investigation they have to do, and the more to put to the FOS in a further complaint.
Although I've addressed this to PlanB, if anyone else has got any ideas please let me know.

[PlanB]

Re: Need advice with Mortgage problem

I wrote to the bank last week (you have seen it) . . . and including in the letter (the bit you didn't see) I said that I believed that the original mortgage had been mis-sold to me, and was making a formal complaint. I quoted a couple of reasons, but want to put together a more detailed letter, and wondered if you had come up with any ideas about mis-selling that I could include. Seems to me that the more reasons I come up with the more investigation they have to do, and the more to put to the FOS in a further complaint..

That may not have been the best strategy (adding in the mortgage mis-selling issue to your letter) but I'm sure it hasn't done any harm.

Can you email me a copy of that letter you sent the Woolwich please. I've only seen the version before you changed it.

I'm studying a FOS Decision on mis-selling a loan (Blackhorse) which would have expired after retirement age where they found in the customer's favour. I'm looking to see if there may be any parallels with your situation (there may not). My tactic being to send it to the FOS to demonstrate if they took that view once then they should take it again in your case (if appropriate). A bit like using case law in the county court.

Please don't rush things since the whole idea was to drag this out to:

(a) prevent possession proceedings from being issued while talks continue (FOS investigation)

(b) build a paper trail of relevant documents in case you find yourself in court

(c) tease information out of the bank which can do them damage in preparation of any court action

(d) buy you time to sell your home if push comes to shove.


Have you had any update from the FOS Adjudicator who wrote to the Woolwich to ask them to hold off possession proceedings while your complaint is investigated? That's the most important next step. Ring him for news. But don't mention mortgage mis-selling during the call.

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

Obviously I did not make it clear, but the FOS wrote to the bank to tell them that the case was being referred to an Ombudsman, and was therefore still with their office, not asking them to hold off any legal action. Haven't heard from the bank since I sent the letter last week, but expecting to receive something from their lawyers soon.
I'll send you on a copy of the letter I sent to the bank. I took the view that they might hold off on any action if it looked likely that mis-selling had taken place, and by making a formal complaint it would make them investigate.
Had a viewer for the house today, but not too hopeful.

[PlanB]

Re: Need advice with Mortgage problem

Obviously I did not make it clear, but the FOS wrote to the bank to tell them that the case was being referred to an Ombudsman, and was therefore still with their office, not asking them to hold off any legal action.

You sent me a copy of an email from the FOS Adjudicator where he agreed to contact the Woolwich and he went on to say that he couldn't guarantee it would prevent legal proceedings.

Or did I imagine that ?

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

Yes, that's correct, but I took it that he would just tell them that the case was still with him, not that he would request them not to start any legal action. I hope you are right in your interpretation!

[PlanB]

Re: Need advice with Mortgage problem

I'd complain to the ICO and argue the fact that the bank are refusing to send documents on a live product citing they only need to supply the last 6 years which is preposterous because the information I'm after relates to the sale of the product and associated communication at outset and throughout.

Thats the way you'd be arguing with the ICO

Exclus did you ever follow through Niddy's suggestion?

Can you confirm that the bank have still not provided the application form for the mortgage and linked reserve current account. And they've still not provided you with any Ts & Cs for the reserve account?

I would think your mortgage should be classed as still 'live' if it has a balance outstanding even if the term has expired. Ditto the current account.

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

I did follow up on Niddy's suggestion, and will send on the reply I received. In a nutshell they said that they couldn't help.
The FOS managed to get a set of T & C's for the mortgage reserve account, badly copied etc - Unbeknown to them I have actually found the copy we were given at the time of the mortgage. Never had a copy of the mortgage contract, or the application form. I was going to ask for a copy of the application form, but you thought I should hold back on that at present. Might be an idea to ask now, but sure they will say that they have not kept the application form.