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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.
On what basis have they denied to extend the term?
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 ***** *****
Ok - are you saying its not a commercial decision?
Ok - have you complained to the bank formally yet?
Via the corporate complaint procedure?
Hello again I sent all relevant information to what your asking me now in my first reply.
Yes the first reply only said the mortgage was at an end.
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.
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.
If they refuse then you can issue proceedings. You need to complete form N1
You are asking the Court for an order for 'specific performance' that is they carry on and extend the mortgage term.
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
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.
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.
If the Judge finds for you and they ignore it, they can be warned, fined or sent to prison for contempt of Court
Can I clarify anything for you about this today please?
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