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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify if you are still together with your partner or are otherwise on good terms with them and they are prepared to cooperate with you in this matter please?
We are both still together.
Could you confirm who is saying your partner needs a lawyer - the 1st or 2nd charge company?
The house was repossessed by the 2nd charge company. The first charge company have already been paid back in full. It is the second charge company who says my partner needs a lawyer.
Thanks. They are presumably at present holding the surplus funds from what you say?
Yes. I can't speak to their law department as calls are not recorded. I have to speak to their customer service department who thn speak to the law department but I can not get a satisfactory answer as to what exacly it is they require.
Many thanks. With your permission I will be with you in a few moments...
My apologies for the slight delay. One final question - from what you say do I understand correctly that both of you are jointly named on the mortgage?
Yes that is right.
Many thanks. On the basis that both of you are joint mortgage borrowers then unless your partner is presently subject to bankruptcy proceedings or other creditor claims of which the lender is aware then the lender should release the balance of monies to you and your partner based on your instructions. There should be no need for a lawyer in this respect.
Should I put this in writing to them.
Sometimes a lender will require a form of indemnity to be signed formally on oath before they will release monies which may necessitate the visiting of a solicitor to swear the same for a nominal fee of circa £5 but otherwise subject as above there should be no need to involve lawyers
In terms of how to deal with the lender, you may consider a letter to their complaints department from and signed by both of you that you understand that they are holding the sum of £x on your behalf and that you are concerned that this has not been released despite your joint instructions to do so and you expect a full reply advising that the monies will be released and when within 7 days failing which they should treat your letter as a formal complaint.
Ok that's what I needed to know. Shame they couldn't have told me that.
From there is they do not provide a full response or you are not satisfied with their response you may consider a further letter advising that you expect payment of interest on the monies until they are received and that you will consider a complaint to the Financial Ombudsman and will be seeking such interest together with any other associated consequential costs or losses incurred as aresult of the delay.
The FO can determine the complaint and make a determination on the issue and order compensation if necessary.
There is no charge for the Ombudsman's service.
Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?
No that's great. Thank you very much.
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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