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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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THIS IS . MY DAUGHTER WAS A PARTY TO A CONSENT ORDER

Customer Question

THIS IS FOR REAL. MY DAUGHTER WAS A PARTY TO A CONSENT ORDER AT CHESTER COURT. IS BARCLAYS/WOOLWICH BOUND BY THE TERM OF THE ORDER? AT THE PRESENT TIME BOTH BARCLAYS AND THE FSO DISPUTE THIS!!!!
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What litigation did the Consent Order relate to and what is the issue with Barclays?
Clare
Customer: replied 2 years ago.

THE CONSENT ORDER WAS MADE AT CHESTER COURT IN DIVORCE PROCEEDINGS. INSTRUCTIONS WERE GIVEN THAT THE MORTGAGE PAYMENTS OF £950-00 APPROXIMATELY WERE TO BE MADE BY THE RESPONDENT WHO ALSO HAS TO COVER ARREARS. BARCLAYS DO NOT THINK THAT THESE ORDERS APPLY TO THE MORTGAGE WITH THE BARCLAYS/WOOLWICH. THE MORTGAGE IS IDENTIFIED IN THE ORDER.THERE IS A CONNECTED DISPUTE WHERE BARCLAYS BELIEVE THAT NOTICE OF DISPUTE DOES NOT MEAN THAT THEY HAVE TO CONSULT ALL PARTIES WHEN A FIXED RATE MORTGAGE HAS TO BE RENEWED.SEE PREVIOUS REQUEST.

Expert:  Clare replied 2 years ago.
Hi
So her ex was ordered to pay the mortgage and the arrears.
What has happened since that time and how are is the Mortgage provider involved
Clare
Customer: replied 2 years ago.

THE DIVORCE WAS IN 2011 WITH THE MARITAL HOME BEING SOLD IN JANUARY 2013. I HAVE QUERIED THE MORTGAGE ARREARS WHICH BARCLAYS/FOS WILL NOT ACCEPT. THE BANK AT THE EXPIRATION OF A FIXED RATE TERM LIAISED WITH MR EVANS ONLY. THE EXCESS WAS UTILISED TO REDUCE THE MORTGAGE ARREARS (ONLY ONE/TWO MONTHS BEFORE THE SALE).I HAVE PRODUCED A SCHEDULE JUSTIFING MY FIGURES AND THE QUESTIONS ARE TO SUPPORT MY CASE. IF YOU CAN GIVE ME A E-MAIL ADDRESS I CAN SEND YOU COPIES.

Expert:  Clare replied 2 years ago.
Hi
For clarity - the property was sold in 2013?
What happened to the proceeds of sale?
Clare
Customer: replied 2 years ago.

UTILISED IN PAYING OFF THE MORTGAGE THEN DISTRIBUTION 80/20.I HAVE SPENT MONTHS ARGUING THE CASE CONFIDENT THAT THE FIGURES ARE CORRECT. IT IS THE LEGAL POSITION THAT IS THE ONLY DOUBT. BECAUSE BARCLAYS/FOS WILL NOT ANSWER THE QUESTIONS I HAVE ASKED THE MP TO WRITE SEEKING ANSWERS.

Expert:  Clare replied 2 years ago.
Hi
When that happened were the arrears not deducted from her ex's share?
Clare
Customer: replied 2 years ago.

I CONFIRM THAT THE MORTGAGE ARREARS OF £763-04 WAS DEBITED FROM DISTRIBUTION TO MR EVANS. IT IS THE TOTAL OF ARREARS THAT I AM DISPUTING. A MORTGAGE PAYMENT OF £1144-58 WAS NOT PAID PLUS ARREARS CHARGES OF £800-00 PLUS BANK ERROR OF £207-31 PLUS INTEREST AT I WOULD SUGGEST AT 20% OR BARCLAYCARD RATE. ALL CLAIMED FROM BARCLAYS. LETTER 23/10/2013.NO RESPONSE OBLIGED TO GO TO FOS.

Expert:  Clare replied 2 years ago.
Hi
Why were not all the arrears deducted from his payment?
Clare
Customer: replied 2 years ago.

BECAUSE BARCLAYS PRODUCE THEIR OWN SCHEDULE. GARBAGE IN - GARBAGE OUT APPLIES. THE FOS AGREE WITH THE BANK IT IS A QUESTION OF THE LAW WHICH WILL BACK UP MY FIGURES AND SCHEDULE. I WORKED FOR BARCLAYS AND HAVE SOME EXPERIENCE IN MANAGING BOTH A MACHINE ROOM AND MORTGAGES. FROM THE RESPONSE I HAVE RECEIVED FROM THE BANK THERE APPEARS TO BE A DIFFERENT LAW TO WHAT MR SHELDON PREACHED UNFORTUNATELY I CAN NOT FIND MY COPY HAVING PASSED THE EXAMINATIONS IN 1963.

Customer: replied 2 years ago.

BARCLAYS/FOS DO NOT ACCEPT MY FIGURES, BARCLAYS ACTS AS IF THE CONSENT ORDER DOES NOT APPLY TO THEM. I REPEAT THAT I AM CONFIDENT MY FIGURES ARE CORRECT. IT IS THE LEGAL POINTS THAT COULD DESTROY MY CLAIM. I HAVE ASKED THE MP TO OBTAIN AN EXPLANATION FROM FOS AS TO WHY THEY DO NOT JUSTIFY WHY THEY IGNORE MY SCHEDULES.

THERE IS NO MILEAGE IN CONTACTING BARCLAYS AS THEY IGNORE MY LETTERS.THE TREASURY SELECT COMMITTEE CLAIMED THAT IT DID NOT COME WITHIN THEIR REMIT.

Expert:  Clare replied 2 years ago.
Hi
I am a little confused
The mortgage was redeemed in full.
At that point any arrears due on the mortgage were paid off and any and all costs relating to the arrears should have been deducted from the Respondents share of the monies received.
That being the case I am uncertain how barclays are involved in any way shape or form.
The Court Order you are referring to does not bind the Mortgage company in any way - it is about the financial relationship between your daughter and her ex
It may well be that if you are able to explain the situation a little further I may be able to understand why you feel that the mortgage company is at fault - and follow ups are free
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

THE PROPERTY IS SOLD,THE SOLICITORS ARE PAID, THE BANK HAS BEEN PAID. THE PROBLEM IS,EVEN WITH YOUR ADVICE, THAT THE ARREARS FIGURE USED BY BARCLAYS IS WRONG. I SUSPECTED THIS BEFORE DISTRIBUTION AND NOTIFIED THE SOLICITORS.AS A LAY PERSON I AM NOT QUERYIONG YOUR ADVICE WHICH THE PURPOSE OF THE CONTACT.

IF I UNDERSTAND THE RULING THE BANK IS NOT BOUND BY THE CONSENT ORDER, EVEN THOUGH THIS MEANS THAT AFTER TAKING THE CLAWBACK INTO CONSIDERATION THE RESPONDENT INSTEAD OF PAYING THE MORTGAGE PAYMENT PLUS ARREARS WAS RECEIVING CASH BACK. IS THERE A RESONSIBILITY ON THE SOLICITORS TO ENSURE THAT THE TERMS OF THE ORDER ARE OBSERVED. BY CHANCE MY DAUGHTER HAS FALLEN OUT WIH THE SOLICITORS AND WILL NOT CONTACT THEMAT ANY PRICE.I SEE THAT I AM ON A FREE TRIAL WHICH I WOULD LIKE TO CANCEL. PLEASE NOTIFY ME OF YOUR FEE.

Expert:  Clare replied 2 years ago.
Hi
I am still not sure I understand the point that you have been trying to argue.
Was there a Completion statement that clearly shows that the equity was divided BEFORE deduction of the total arrears, and then the arrears figure was deducted from HIS share?
Clare
Customer: replied 2 years ago.

I AM SORRY IF I HAVE NOT BEEN ABLE TO SET OUT THE SIMPLE PROBLEM WHICH IS "IS THE BANK BOUND BY THE CONSENT ORDER?" YOU HAVE INDICATED THAT THEY ARE NOT. MY COMPLAINT AGAINST BARCLAYS IS THAT THE ARREARS TOTAL IS INCORRECT. WITH MY BANKING EXPERIENCE IT IS OBVIOUS. I AM CONFIDENT THAT MY FIGURES ARE CORRECT. DID YOU RECEIVE THE PRINT OUT OF THE LEDGER SHEET?

Expert:  Clare replied 2 years ago.
HI
Not yet I am afraid
Clare
Customer: replied 2 years ago.

THE PRINT OUT JUST JUSTIFIES MY FIGURES WHICH I TRUST ARE SUFFICENT WITHOUT BARCLAYS HAVING TO OBSERVE THE CONSENT ORDER. WITH FINGERS CROSSED.

Expert:  Clare replied 2 years ago.
HI
If you believe that the arrears figure was wrong then you are free to take it up with Barclays - but do not refer to the Consent Order when dealing with them.
Please also be aware that you are either going to benefit your daughters ex (if the arrears were too high) or your daughter will be faced with trying to recover money from her ex (if the arrears figure was too low)
Clare
Customer: replied 2 years ago.

ENOUGH. YOU HAVE ANSWERED THE BASIC QUESTION BUT I WILL TAKE FURTHER ADVICE AS IT DOES NOT SEEM CORRECT THAT BARCLAYS CAN OBSERVE THE CONSENT ORDER WHEN IT SUITS THEM. I AM AWAITIN G COUSEL OPINION ON THE MORTGAGE CURRENT ACCOUNT (£20000-00). IF FAVOURABLE I WILL CONSIDER COMBINING BOTH CLAIMS.AS I DO NOT WISH TO TAKE THE FREE TRIAL HOW MUCH DO I OWE?

Expert:  Clare replied 2 years ago.
Hi
Barclays are in no way bound by or involved with the Consent Order - the Court has no power to bind anyone other than the parties to the matter
Clare