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  • Re: Need advice with Mortgage problem

    After requesting that the bank only contact me in writing untold times, for the last two mornings, just after 8.00am, we have been phoned by the bank. Obviously we don't answer as it's a withheld number, but they leave a message asking for me to contact them. I think it's to do with the complaint I have made about mis-selling.
    I have written once again to say everything must be in writing.

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    • Re: Need advice with Mortgage problem

      I think they are illiterate or dumb or both, so frustrating xxx
      if you do it today and you like it you can always do it again tomorrow


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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      • Re: Need advice with Mortgage problem

        Originally posted by Exclus View Post
        After requesting that the bank only contact me in writing untold times, for the last two mornings, just after 8.00am, we have been phoned by the bank. Obviously we don't answer as it's a withheld number, but they leave a message asking for me to contact them. I think it's to do with the complaint I have made about mis-selling.
        Your latest complaint may have been allocated to a new employee who won't have read the file before calling you to attempt to resolve it over the phone. That's the way banks handle complaints these days. If they don't manage to make contact they'll send you a letter. The confusion is the way you've now got three separate complaints on the go when they may have been tackled better if they had been in one comprehensive complaint from the outset.

        The success or not of your 'mis-selling' complaint will depend largely on how you present it. All you have done so far is add a paragraph into a letter about your other complaints so they may treat that as a "PS" and not a stand alone complaint. With respect, the complaint is looking a bit piecemeal at the moment.

        I think you need to sit down and make a chronology of events. Who said what to whom and when. Number the paragraphs so these can be referred to as the investigation unwinds. Sift out any paperwork you can find to support what you claim took place. In some ways you're writing a Witness Statement for a court. Treat it in the same formal manner. Expect to start with a draft which will be amended several times before you're happy with the content.

        At the moment the only thing I can reiterate is you need to be patient. Firing off letters which they may see as unstructured won't help your case.

        Why not read these case studies in the current FOS newsletter on mortgages where you'll see that complaints regularly get upheld Then you'll begin to see how the mind of the FOS works. They rely heavily on what the complainant tells them and what evidence they have to support their grievance. The mortgage decisions are mostly based on fairness over and above contract terms.

        http://www.financial-ombudsman.org.u...gages.html#cs9

        Plan B x

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        • Re: Need advice with Mortgage problem

          I can understand what you say, but in fact the FOS looked at the other complaints as one, and obviously until I receive the final response letter from the bank, the FOS are not involved in this complaint. Plus the fact that we've only just recently thought of mis-selling! I will look at the link you sent on.
          My initial reaction when I get letters from the bank is to try and nip the problem in the bud, however I have a very analytical mind - I used to represent the county at chess - and now I try to take a step back and think some before taking any action.
          As always I take your comments as being very helpful, and am grateful for any and all help.

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          • Re: Need advice with Mortgage problem

            I've got your email

            The bank has dealt with your vague complaint of mis-selling of the associated reserve bank account (no specific details supplied by you) not the mis-selling of the actual mortgage based on your wife's retirement age (joint mortgagee) which may /may not be the crux of the situation in order to prevent or defend any possession proceedings.

            We didn't get to discuss this different issue before you fired off your letter to the bank.

            Let's see where we can go from here.

            Plan B x

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            • Re: Need advice with Mortgage problem

              Update: A month or so ago after the FOS gave a final decision we accepted the offer made by the bank, and have banked the cheque. We have also just exchanged contracts on the house and are moving very soon. It feels really great to out of the clutches of the bank and can now start to enjoy life a little. We won't have as much money as we had hoped (couldn't get out of paying a charging restriction) but we'll get by.Thanks to all for the help and advice, and to all those in debt - there is light at the end of the tunnel, you have to fight the banks all the way, and as Churchill said 'Never, never, never give up'.

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              • Re: Need advice with Mortgage problem

                That's excellent news.

                Free at last.

                I wish you all the luck in the world in your new home

                Plan B x

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