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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10105
Experience:  30 years experience in property law.
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Hello, there has been a long arduous issues with Woolwich/Barclays

Customer Question

Hello,
there has been a long arduous issues with Woolwich/Barclays mortgage lender.
After five+ years and with the ombudsman resolution (which I am not happy at all but I accepted) I managed to clear all the penalties interest that Woolwich imposed on me as they had made an almighty blunder on transferring the mortgage to another Lender that I chose.

the ombudsman deliberation was that I have to repay at 0% interest x amount at a payment date of x amount of months.
and have a charge against the apartment
After again a long and arduous letter exchange with a lot of threats from woolwich I managed to agree:
the length of payment and some other terms to make sure that Woolwich does not make anymore mistakes etc. as a lot of their terms were that if I miss the payment they go straight to court and repossess the property and I will be charged 8% on the whole amount etc. etc. all this was agreed to be scrapped.

however there is the issue of the charge which is becoming a sticking point.

My understanding is that the only way for woolwich to abide and remember that this x amount is at 0% for x amount of months repayment and some of the other Terms agreed is to include them in the charge.
Because once I sign the charge that is it, I have no real document locking in what we agreed.

Am I correct? Is the charge the document that would allow the terms be locked in?
If not, then how can I make such terms be locked in?
Once the charge gets sign with no real document to state such terms there is no going back?
What exactly is a charge?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.

Hi, Thank you for your question and welcome to Just Answer. Is the charge with your new mortgage lender? Do Woolwich want a charge as well for what you still owe them? Kind regards AJ

Customer: replied 3 years ago.

yes I already have a charge with the new lender as the mortgage was transferred from woolwich.


Woolwich has been awarded a new charge for me to repay them a small amount xx.xxxx (five digit figure) this is what I retained because I have had a lot of costs and stress etc. due to woolwich constant blunders.


However the ombudsman judged that I should not have kept a retainer against Woolwich.


So this amount in order to give it back I can pay it slowly back for x amount of months to my choice at 0%.


This amount has to be secured with a charge against my property.


So two charges 1 the normal mortgage which was transferred from Woolwich to a new lender and a second charge which is this amount to pay back woolwich.


the solicitor already trashed the 0% interest with all sort of clauses which I refuted and managed to quash all his repossession and loss of 0% interest threats etc.


So my understanding is that if I would have signed all his penalties etc. would have been locked in against the charge.


Therefore I want to know how I can protect my 0% interest for x amount of months for a specific amount only and few other conditions.

Can this be done?


is this done linked with signing of the charge?


if not done against the signing of the charge, then how can this be done in conjunction with the signing of the charge, so that I am protected and not in the hands of yet again an incompetent woolwich? (they made an insurmountable amount of mistakes throughout the years I was with them so my fears are concrete)


There must be a way I can protect my self from Woolwich as it was evident that they were keen to wipe out the 0% and x amount of repayment months on a whim. (which then they retracted after several letters) However I do not think I am protected at all solely against the evidence of letter. More to the point the letters basically do not state at all that they retract all the threats they basically state that I should kindly sing the charge. So I feel very exposed. Please kindly provide a legal solution so that I can lock in and protect myself from woowlwich disregarding all of the terms.

Expert:  WendyW-Mod replied 3 years ago.

Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Wendy

Customer: replied 3 years ago.

Yes please this answer is very very important to me, I have to respond to a solicitor in a few days

Expert:  Fran-mod replied 3 years ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  JGM replied 3 years ago.
The signing of the charge creates a security against the property which is registered in the Land Registry.

The specific terms and conditions of the mortgage are created by way of a contract between borrower and lender. If you have these terms and conditions in writing from the lender and have accepted them then that would be binding on both parties.

Ideally you want the lender to issue an offer of loan incorporating the terms which have been imposed by the ombudsman, you accept the offer of loan and the charge is registered on that basis.

It should be quite straightforward if looked at on that basis.

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