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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi i wonder if you can help me i am at my wits end i own a

Customer Question

Hi i wonder if you can help me i am at my wits end i own a property with my ex girlfriend, We split up in 2006 with her living at the property with the children after a court ruling which also confirmed she was entitled to half the house it was agreed by private arrangement between us as i had paid the first half of the mortgage on my own with no help from my ex, And as she was entitled to half she should pay for half, my ex agreed and for 5 years i now know this was the case
Now over a year ago i was solicited by a ppi claim firm so i rang the mortgage company to find out if ppi was on my mortgage to be told "was i aware that my mortgage was on interest only payments"!! And to top it had been this way for 36 months
The mortgage works (TMW) now part of nationwide building society has made major changes to my mortgage without my knowledge or consent! And i believe has resulted in a breach of their contract and also failing to put in place after a reasonable time period( i am informed by TMW of it being approximately 3 months) a capital repayment vehicle all of which would be acceptable to themselves, all of this is printed in bold letters on every letter i now receive
I complained which resulted in the mortgage being reverting back to repayment, My ex refused to pay, I offered to allow interest only if my ex via a solicitor put forward a plan to pay the capital as per their own paperwork and rules they refused to get involved!! even though they had caused this problem. And the property fell into arrears and then TMW started repossession proceedings and the property is now up and is in the last stages of selling. There is a court order pending for repossession on 7th January 2014.

TMW refused the complaint saying they where following rules set by the fos and acting fairly to my ex on low income (but not fairly to me!)and it was then sent to the fos who also refused my complaint (no wonder if indeed the fos rules allowed this to happen) without no mention of the time allowed on interest only, no vehicle in place etc let alone my consent, not upholding any part of my complaint and taking no notice of my updates into the failings and conversations with TMW. Indeed saying i should take my ex to court

I am indeed thinking about this but feel that had i been asked at the time i would have answered the same, my ex to put in place a vehicle to pay capital and if not the property would have sold then! Not with arrears on it,letters, court costs and as no payments have been made for the last 5 months due to TMW informing my ex of my liability a high redemption figure. Also as my consent was not sort i have lost approximately £8000 in capital payments had to reduce the property so to get a quick sale before repossession and the fact selling wasn't in the plans the property wasn't really ready for sale and TMW have to be held to account for this? when was they going to tell me? When i was liable for £35000-£70000?? at the end of the mortgage term.

I also feel that the fos has treated me unfairly as TMW is hiding behind fos rules and a quick look on their website has resulted in them upholding far less involved cases! one involving early redemption clauses saying their costs and terms was hidden on page 5 subsec 24! and even paying out for his distress! my rules come on every letter and underlined and in bold type.

TMW have said that they didn't have a forwarding address for me but i informed them that i had indeed left the property and their obligation to both parties ref in a letter sent by my solicitor back in 2006 referring to payment changes which they have still on file
What conversations TMW have had with my ex in relation to me i do not know and indeed my ex has never said and has obviously deceived me at every stage but if she was asked or told changes would require my signature she could have passed me letters or asked me at any stage i was in contact via phone, text, email, facebook, work etc and seeing my children on a weekly basis's and i was indeed relaxed about the property due to what i thought was the safety of two signatures and the mortgage contract.
And as i was no fixed abode for 5 years after eviction i could give no address

You cant even begin to understand the stress this has brought to me out of the blue and to my current partner who is having to go though this with me, something we both agree should have been sorted out three or more years ago before we met

TMW has failed to act in the best interest of both its clients and acting impartially, swinging to my ex and leaving me exposed.

Do i have any recourse in relation to these sets of circumstances

i await your response in anticipation due to the imminent forced sale of my property and once these matters are closed redress may be impossible to come by?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
I am not sure what redress you think you should have and from whom
Clare
Customer: replied 3 years ago.

Hi what info do you req??

as for redress mortgage account put back to the way it would have been if full payments (minus a short term allowance say 3/6 months) had been met plus lower redem costs etc i would think TMW should be liable as account was left on interest only for far to long??

they might feel my ex might have to answer to some questions as i feel at some time she must of lied but i feel thats also their problem?? also something for stress

i also feel as that the FOS fail to get a grasp of this case the first case worker rang me 2/3 time at the start to ask about my marital position and was answered every time and was refused and went to a ombudsman and their answers for refusal are based on info/answers supplyed by TMW not the info or questions asked by me

lastly feel that i am over a barrel as house is being sold and any problem cause by TMW will be lost when moneys are settled

Expert:  Clare replied 3 years ago.
Hi
How much is the house being sold for and how much is the mortgage redemption
Where are your ex and the children moving to?
Clare
Customer: replied 3 years ago.

hi sorry to ask but what has my house sale price and redemption figure got to do with anything


and as for my ex and children i believe she is moving into renting


i feel this is going off track sorry but your a family expert and i think i need someone more into contracts


 


i will add that my ex told me she wanted to sell days after court told her she was intitled to half and i refused as she got the house to look after the kids not to cash in

Expert:  Clare replied 3 years ago.
Hi
The fact is that the actual figures are relevant to the contract issue that you are raising.
I asked about the rehousing issue as I was checking that there were no outstanding financial claims your ex could make.
As I understand it your ex was paying the mortgage and changed it to an Interest Only.
You were not informed.
When you became aware of it you immediately objected; it was changed back and as a result the mortgage was not paid and the house is now being sold following a repossession is that correct?
Clare
Customer: replied 3 years ago.


the house was valued at 185000 and redm fig has shot up from 68900 to appox 70500/71000

and yes thats about it not quite there but

sorry house sold for 168000

Expert:  Clare replied 3 years ago.
Hi
Sorry - again just to check - the redemption figure has increased by just £2000?
Clare
Customer: replied 3 years ago.


not to sure yet i has has been requested i believe since sept and is under a complaint rased last monday i believe it will arrive today at soli actin in conv but complant manager told me its useless as it is of the 6/11 so will go up and he is not allwed to tell me! but he hinted its about 70500 to 71000 also just to put it in line the 68900 thats left on the mortgage should be at least £7000 less if full payments were made for the 3 years plus that TMW allowed on interest only and last 5/6 months of nothing

 

ps i am now leaving for work so any q and a will be see after work now

thanks Gary

Expert:  Clare replied 3 years ago.
Hi
The crux of your complaint is that you were not consulted on the change to Interest only
Have you asked for copies of the paperwork that supported that request?
Clare
Customer: replied 3 years ago.

hi no havent requested paper work will try but foi/data protection will prob stop that if i request paperwork? i would have thought that fos has requested that paperwork? would you like me to try?


 

Expert:  Clare replied 3 years ago.
Hi
The problem is a simple one I am afraid
Your ex requested a change in the mortgage as she could not afford it.
In accordance with their policy since she was on benefit the mortgage company agreed.
They did not consult you but you do not know whether they had been told you had agreed.
Once you found out you objected and it was changed back
Your ex could not pay so repossession and sale followed inevitably
Is that the case you presented to the Ombudsman?
Clare


Customer: replied 3 years ago.

no threads of it yes more was asked about time allowed without vehicle in place and without my authority


 


wow that just triggered a thought


i was on the phone about ppi was asked security questions inc what type of mortgage did i have to which i replied repayment and got though then he asked me was i aware that my mortgage was on interest only to which i replied no! so at that point TMW knew i didnt know


some paperwork from TMW or fos says something about allowing interest only till i say otherwise


And whats the simple problem???


And no i dont know whether i had agreed

Expert:  Clare replied 3 years ago.
Hi
The simple problem is that the Mortgage company have not acted unreasonably.
They were asked to change to interest only so that mother and children could remain in the house and they did so
When you asked them to change it back they did
You have not in fact lost anything at all since you were not paying the mortgage at the time
I DO understand that this is not what you beleive - and I can see where your perception of loss comes from - but the other side is simply that if they had not changed at that point then the sale would simply have happened earlier - possibly at a lower sale price
This I would suspect is why the Ombudsman found against you
I am sorry I cannot be more positive but I cannot see any court application woudl succeed
Clare
Customer: replied 3 years ago.


understood but the council of mortgage lenders implys otherwise due to short term left on mortgage questions should have been asked about plans to settle etc alone with some reviews and questions asked though out interest only?

Expert:  Clare replied 3 years ago.
Hi
How long was left?
Clare
Customer: replied 3 years ago.

will have to check i think 7/8 years

Expert:  Clare replied 3 years ago.
Hi
The answer - sell the property - is acceptable and may well have been actually what she said
Clare
Customer: replied 3 years ago.


again without my authority?or informing me how would i know this even has happened, hasnt in the last year plus when they have had my contact details

i found this any good?

Attachment: 2013-11-11_220130_3cml-interest-only-toolkit.pdf

good nite

Expert:  Clare replied 3 years ago.
Hi
I am sorry but no that is of no assistance - it might have been if you were both in your 60's and would end up homeless - but that is not the picture here
You have not in fact lost anything other than the costs incurred by the fact that she stopped paying the mortgage - which would have happened three years earlier otherwise
Clare

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