Tweet
Hi,
I am not sure if this is the right place - fingers crossed it is!
I accumulated arrears on my mortgage with GMAC, now known as Foundation Home Loans in 2007, my daughter as placed on the heart transplant register and I was during the same period of time allocated an adult social worker after being placed in crisis by the mental health team and was given a BPD diagnosis.
During the period of arrears I informed GMAC of what was happening, sent medical documentation as to why I had fallen into arrears and asked for capitalisation etc, this was refused and was informed I had to reduce the arrears by x amount for this to be considered and avoid repossession. The mortgage payment at that time was £327 per month, the payment plan they wanted was £1300.I was so scared of losing my medically adapted home I agreed knowing I could not afford the payments (it was higher than my salary at that time) and was in a constant cycle of arrears until they went for possession. At the hearing the judge stated the approach to us was irresponsible and suspended the repossession, the arrears were capitalised and I am happy to say a few years left before the mortgage is paid off.
Fast forward to 2018 I received a letter full of legal Joargon I did not understand and stated we had been awarded a redress of £323.00, I queried why only that amount as the arrears fees whilst I did not know the exact amount I knew it was far higher and was told the fees were time barred and the FOS on that basis were unlikely to take the case although they did make me aware I could refer it to them. Again, I was in crisis and never fought them.
A few weeks ago I realised that an official mortgage break due to COVID had been incorrectly reported as arrears, I got that sorted and in a conversation I asked them what impact capitalisation had on my mortgage and would I still pay off at the end of the term. I found out that the total balance outstanding included just short of 10k in mortgage arrears fees.
I am mentally far stronger now so did some googling and found that GMAC had been fined for treating customers fairly, I complained to them that my vulnerabilities at that time were not taken into consideration and they had been irresponsible in their approach by enforcing repayments I could not afford and their statement in their letter in 2018 was misleading, they have said they will not look at my complaint further as I did not refer to the FOS in 2018.
To put this into context at the time of capitalisation the arrears were £1778 - the fees charged are nearly £10,000 - This is made up of £75pm for being in arrears and £50pcm for a non direct debit despite card payments being made. Is this correct that as I did not refer to the FOS in 2018 I have lost all right to complain? I should also say that some of the fees imposed were solicitors and repossesion costs but again if I had an affordable repayment plan they could have been avoided - I am still in the same home which proves that point and if not for these fees my mortgage would be more or less clear.
I am not sure if this is the right place - fingers crossed it is!
I accumulated arrears on my mortgage with GMAC, now known as Foundation Home Loans in 2007, my daughter as placed on the heart transplant register and I was during the same period of time allocated an adult social worker after being placed in crisis by the mental health team and was given a BPD diagnosis.
During the period of arrears I informed GMAC of what was happening, sent medical documentation as to why I had fallen into arrears and asked for capitalisation etc, this was refused and was informed I had to reduce the arrears by x amount for this to be considered and avoid repossession. The mortgage payment at that time was £327 per month, the payment plan they wanted was £1300.I was so scared of losing my medically adapted home I agreed knowing I could not afford the payments (it was higher than my salary at that time) and was in a constant cycle of arrears until they went for possession. At the hearing the judge stated the approach to us was irresponsible and suspended the repossession, the arrears were capitalised and I am happy to say a few years left before the mortgage is paid off.
Fast forward to 2018 I received a letter full of legal Joargon I did not understand and stated we had been awarded a redress of £323.00, I queried why only that amount as the arrears fees whilst I did not know the exact amount I knew it was far higher and was told the fees were time barred and the FOS on that basis were unlikely to take the case although they did make me aware I could refer it to them. Again, I was in crisis and never fought them.
A few weeks ago I realised that an official mortgage break due to COVID had been incorrectly reported as arrears, I got that sorted and in a conversation I asked them what impact capitalisation had on my mortgage and would I still pay off at the end of the term. I found out that the total balance outstanding included just short of 10k in mortgage arrears fees.
I am mentally far stronger now so did some googling and found that GMAC had been fined for treating customers fairly, I complained to them that my vulnerabilities at that time were not taken into consideration and they had been irresponsible in their approach by enforcing repayments I could not afford and their statement in their letter in 2018 was misleading, they have said they will not look at my complaint further as I did not refer to the FOS in 2018.
To put this into context at the time of capitalisation the arrears were £1778 - the fees charged are nearly £10,000 - This is made up of £75pm for being in arrears and £50pcm for a non direct debit despite card payments being made. Is this correct that as I did not refer to the FOS in 2018 I have lost all right to complain? I should also say that some of the fees imposed were solicitors and repossesion costs but again if I had an affordable repayment plan they could have been avoided - I am still in the same home which proves that point and if not for these fees my mortgage would be more or less clear.
Comment