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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I have an existing mortgage interest only with Barclays

Customer Question

Hi
I have an existing mortgage interest only with Barclays I have running a family landscape business many years and most of that time I have been trading with Barclays Bank.
I turned 70 years old this year I have try very hard to get a sensible extension on the mortgage, so can continue trading and hopefully achieve in getting Equity release as time goes on.
The last valuation on the property was £315000the mortgage is £125000.
As we see it ~Barclays senior management regard us or people like me as non existent Inspite of the thousands pounds business .
To cut a long story short my friend who is similar age as me he banks with Barclays was given a five year extension up until he is 75 and is able to continue with business was given a lower rate of Interest than *****@******.***
I do not deserve the harassment from Barclays.
Any advice from you would be appreciated . Thank you Chris brettell.
Its just not true that they can`t extend his
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Chris my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know when your term ends?
JACUSTOMER-6xl2iq48- :

Hello again thank you for your reply in answer to your question as far as Barclays are concerned the mortgage is at an end but I have a friend who is of similar age as to myself and runs a small business like me and Barclays have extended his term for five years.

Alex Watts :

On what basis have they denied to extend the term?

JACUSTOMER-6xl2iq48- :

I am still making monthly mortgage payments of £544.60 Its on the basis of my age being 70 I call it discrimination if you would me to call you on the phone please let me know. Regards ***** *****

Alex Watts :

Ok - are you saying its not a commercial decision?

JACUSTOMER-6xl2iq48- :

No

Alex Watts :

Ok - have you complained to the bank formally yet?

Alex Watts :

Via the corporate complaint procedure?

JACUSTOMER-6xl2iq48- :

Hello again I sent all relevant information to what your asking me now in my first reply.

Alex Watts :

Yes the first reply only said the mortgage was at an end.

JACUSTOMER-6xl2iq48- :

In my first reply that I sent yesterday evening that I was unable to get a reply regarding my compliant it was suggested that I take the complaint to the Ombudsman which I did It took six months and Barclays paid me £200 in compensation and a letter from Barclays saying sorry for the stress caused the letter went on to say please except our apologies I thought there was a change of heart but no they want me to sell the property I do not see why I should be forced to sell as said already as above that my business friend was given a five year extension on his property. Thank you I await for your answer.

Alex Watts :

What you need to do is write to Barclays and get them to extend the deal, raise the issue of age discrimination and say you will go to Court if they refuse. Make sure you send this recorded delivery and give them a reasonable time to respond, ie 14 days.

Alex Watts :

If they refuse then you can issue proceedings. You need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You are asking the Court for an order for 'specific performance' that is they carry on and extend the mortgage term.

Alex Watts :

The court will send a copy to the Defendant who will have a limited time to reply. If not the Judge can consider the papers and make an order without them there

Alex Watts :

If they do defend the claim the mater will be set down for a hearing and a Judge will decide whether to grant the Order or not.

Alex Watts :

Be warned this is unlikely to be a small claim and you will need a Solicitor to represent you. You are unlikely to get Legal Aid and will therefore need to pay for a lawyer yourself. If you win then you can ask for costs back. But if you lose you are likely to have to pay Barclays legal costs.

Alex Watts :

If the Judge finds for you and they ignore it, they can be warned, fined or sent to prison for contempt of Court

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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