Mortgage Shortfall Dispute

[scotty2021]

Hi all

Just a quick update on things, the ombudsman looked at my complaint and came to the decision that the FOS could investigate my complaint and agreed that I couldn't have known I had cause to complain until I knew about the details of the debt. The bank agreed with the ombudsman decision and this has now gone back to the investigator for them to carry out their investigation we both had until 30th November to provide any details to be included in the investigation. I have forwarded the details from my DSAR to the investigator and pointed out they don't have any paper work.

Thanks for the help so far.

[echat11]

Hi all

Just a quick update on things, the ombudsman looked at my complaint and came to the decision that the FOS could investigate my complaint and agreed that I couldn't have known I had cause to complain until I knew about the details of the debt. The bank agreed with the ombudsman decision and this has now gone back to the investigator for them to carry out their investigation we both had until 30th November to provide any details to be included in the investigation. I have forwarded the details from my DSAR to the investigator and pointed out they don't have any paper work.

Thanks for the help so far.

Thanks for the update.

[scotty2021]

Hi all

Finally this is very near to being resolved. In short after the ombudsman had ruled they could look into the service charges being deducted from the proceeds and interest charged since the property was sold the investigator has finally ruled all of the amounts I disputed should be written off. The bank has now agreed to this and to pay compensation.

I am now waiting for the bank to pay the compensation and the shortfall balance being chased has now gone from £16k to £2k. This is in part due to the fact the solicitors were chasing the original shortfall amount and not the actual balance on the account, the actual write of is c£4k.

I have just found out that the investigator involved in my complaint is an ex employee of the bank, this could explain the reluctance and what seemed at times like biased towards the banks arguements.

Would like to say thank you for all the help on this one!

[echat11]

Well done, great result.

[scotty2021]

Hi all

Well it's been 5 months since my complaint was upheld and the bank were told to write off the service charges and interest. I've now received a letter from the solicitors chasing payment of the balance however this is still the wrong amount, the balance they are chasing still includes the interest.

I'm exhausted with constantly fighting this debt because they are always chasing the wrong amount its been going on for 6 years now. Should I just send the solicitors another email disputing the amount again and attach the ombudsman view and the email from them saying the bank agreed to it or is there any legal recourse I can take?

Thank in advance

[echat11]

I would lodge a formal complaint with the bank (explain that the FOS has made a decision on the matter, explain yet again you are being 'harassed' for the wrong amount, that it is causing you stress and anxiety), follow their complaints procedure (it will be on their website). Send a copy of the complaint to the Financial Conduct Authority. Make sure you write 'CC sent to Financial Conduct Authority'.

[des8]

Barclays tried a similar stunt with me a few months ago.
It took intervention by the FOS to put them right

[echat11]

You can go back to the FOS, they'll speak to the bank, who'll speak to the solicitors, who'll contact you.
I'd go to the bank, who'll speak to the solicitors, who'll contact you, but the OP is being 'harassed', this is no error, how difficult is it to remove charges / interests? The bank are being 'deliberate' in their actions, this has been going on for a long time.

[scotty2021]

Thanks for the replies.

I will get a complaint drafted over the next few days and sent to both the bank and the FCA. When I send it to the FCA should I add a covering note what the letter is about or just send an exact copy of the complaint?

It really does feel like this is being done to pressure me or wear me down into just settling.

Thanks

[echat11]

Thanks for the replies.

I will get a complaint drafted over the next few days and sent to both the bank and the FCA. When I send it to the FCA should I add a covering note what the letter is about or just send an exact copy of the complaint?

It really does feel like this is being done to pressure me or wear me down into just settling.

Thanks

Write a covering letter, they don't investigate individual complaints, but will log a complaint against the bank.

[scotty2021]

Hi all

How do a report a creditor and their solicitors for harassment? I've received a letter from the solicitors today chasing the wrong balance on this account again despite the fact I've complained and my complaint is ongoing.

Thanks

[echat11]

Hi all

How do a report a creditor and their solicitors for harassment? I've received a letter from the solicitors today chasing the wrong balance on this account again despite the fact I've complained and my complaint is ongoing.

Thanks

The Creditor and solicitor will have a complaints procedure on their website follow that. They will also be regulated so complain to the regulator.

[atticus]

You may complain about another party's solicitor to the Solicitors Regulation Authority. The solicitors themselves may not respond to a complaint by someone who is not their client.

[scotty2021]

Hi all

Happy New Year.

So the saga continues into another year.

I got a reply from the creditor to say there was a mix up when dealing with the ombudsman response and the details of the ombudsman first view was incorrectly applied to the account and passed on to the solicitors. They said they would arrange for the balance to be adjusted accordingly and advise their solicitors.

I asked for an up-to-date account statement to be sent to me once the adjustments had taken place. I received this statement and it still stated the incorrect figure (the figure before the ombudsman had ruled the amounts be written off). I queried this with the complaints handler and is response has opened up a whole load of new questions. He has now said that the account cannot be updated and I must ignore all automated statements from them. Any payments to the outstanding balance will be deducted manually and the account is under the management of thier solicitors and that I have to contact them anytime I want receipts of payments and up-to-date figures.

I have a few question if anyone can help me:

1. Can this be correct?
2. Why would they not be able to adjust the account?
3. Surely they have to provide accurate statments of account to be able to chase this debt?
4. How do I know that they won't at some point in the future come after me for the £4.5k that will be showing as oustanding?
5. Don't they have to inform me if someone else is managing my account?

Any help as always will be much appreciated.

[scotty2021]

Anyone able to advise on the above please? Also my other concerns with the creditor not updating their balances are;

What if my ex partner makes payments to the account?
What if they chase her for the full amount?

Appreciate everyone is busy so any help or pointing in the right direction would be massively appreciated.
Thanks