How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 8306
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I have a mortgage with TMB. I got into financial difficulty

This answer was rated:

I have a mortgage with TMB. I got into financial difficulty some years back and came close to being evicted. I'm back on my feet and have built a business in the last 5 years. The TMB appear to have capitalised my arrears without any consultation and this has resulted in much inflated monthly payments. Where I have made additional payments it appears that they have not reduced the "repayment" amount first..instead they have spread this across the various accounts. It also seems that the legal fees etc were capitalised too. They have so far taken no notice of my calls/letters requesting this is looked into. Where do I stand on this please?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the UK (English law). No, this is the first time I have raised it
JA: What steps have you taken so far?
Customer: They are terribly hard to contact - no email. I have called and asked that it is escalated - nothing back. I think they are hoping I will give up
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hello, this is Jim and I’m a dual-qualified lawyer (UK & Republic of Ireland) happy to help you today.

You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the insurer) carried out with reasonable care and skill. They also need to be transparent with their fees and charges - if not then the court will void those extra charges due to the fact they are weighted in the mortgage company's favour and not yours. They would be considered unfair contractual terms.

You should complaint by email to: [email protected]

This is the email address which the Financial Conduct Authority have for them (https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000MfSraAAF). If you want to double check the email address with the FCA then please ring them on 0800 111 6768. You should see from the above link that the complaints email is the same as the one above though.

You should now make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response.

Once you have the deadlock letter the next step would be to escalate this to the Ombudsman - they will investigate and liaise with the company which would hopefully result in a write off of the excess charges. They can order the company to make a financial award for inconvenience if they have acted badly (which they have in my view).

You can make the complaint here : www.financial-ombudsman.org.uk/consumers/how-to-complain

Based on the circumstances, assuming the mortgage company does not uphold your complaint, I am sure the Ombudsman will do.

I hope this helps? If you would kindly leave me a 5 star rating (at the top of your screen), the question will stay open and any follow up questions are welcomed.

Many thanks,

Jim

Also, I'll check back in with you in 1 day on 3/27/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.
JimLawyer and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Many thanks Jim. This is very helpful. I will send my complaint using the email address you have provided.