This goes way over my head,

I have had a long painful complaint with Lloyds and do not want to bore you to death so will bullet point the occurences:

Mortgage taken out as first time buyers 1996

conveyancing solicitor did not perform completion and contracts signed over a receptionist desk no solicitor present.

transpires we purchased a property that did not reflect what was explained on the estate agents property description.

Lloyds wrote to me in 2003 and advised that the property was not registered with the Land Registry, they advised they would sort out and appointed a solicitor.

2012 I lost my job and later on that year my wife passed away.

I was sold a policy that covered "every eventuality" told the advisor I did not want it but he advised "it comes with the mortgage" (subtle)

contacted Lloyds 10/2012 to make a claim on the policy.

was told they could not locate account and I would have to write to the Cheltenham & Gloucester to recover account

they ignored my first letter,

sent a second letter this time recorded and copied in the first No response

sent a third letter recorded copied all in again still no response.

Six months had gone by

I stopped my mortgage payment and behold they contacted me,

the telephone number was the original office who could not locate my account

was advised that the account was there and there was protection on it.

I asked to make a claim

they intimated I might not be covered but said they would send a booklet out on how to may a claim.

No booklet was ever received,

Wrote and complained again and transpires I was not covered for these eventualities!

Complained about being miss-sold protection,

was advised after investigation they sold it fairly.

I kept on at them and they then said ok we miss-sold it.

they offered full refund of 16 years worth of instalment + 8% interest.

told them I wanted what I was told was covered for ("every eventuality")

and they should write off the mortgage.

They said no.

I kept on at them but was getting no where.

they failed to respond to a 21 point complaint letter only explaining themselves on 4 of the points and told me to take it to the FOS.

In sept 2015 although I kept on at them it was clear they were not interested in responding to the complaint

I wrote a letter of an offer to reinstate mortgage payment, they ignored it.

The legal letters started coming as I had not made any payment since april 2013.

( why did they not get a possession order)

I kept on writing asking why they were ignoring my offer, for months.

In the end I called the collections office and said I would not lose the property

asked them to give me a monthly figure to pay.

This was twice the original mortgage payment

I decided on selling the property as I felt their next move may well be possession order and a fire sale.

I received an offer on the property,

a third below the asking price but accepted it as I felt I would make more than a fire sale would give back.

After months of solicitors work

the buyer pulled out as there was no tittle on the gardens.

My solicitor suggested getting a possessory tittle on the gardens as it appeared the deeds were lost by the solicitors.

I have written to Lloyds and again complained as they had instructed a solicitor to carry out the registration who clearly failed and I was left with a solicitors invoice and no sale.

They have come back to me and offered to register the gardens and to offer a £500 compensation for this error.

I asked what tittle would be achieved the person was not sure as diff. dept.

I explained possessory/absolute, as possessory would still take value off the property.

She said they had the deeds so there should not be an issue.

This was annoying as my solicitor wrote to them October last year and asked if they had the deeds, they never responded.

my question is

what was holding them back from a possession order and any advice on how to respond to this offer they have made,

as I requested the mortgage be made void due to years of issues.

you would not believe the amount of failings I have left out but its already a small book. sorry for that

Have you sent them an SAR?

why don't you get everything they hold first

then make a decision

Hey DX,

I got a SAR from them March 2015, not sure what to look for.

you asked...what was holding them back from a possession order

I've looked through the Sar and cannot find any indication of why action was not taken it was with there collections and legal team for a couple of years at least!

unenforceable agreement.......????

they cant find it

or

this mis-sold protection invalidates it under CCA?

I believe in 1996 most mortgages were covered by the consumer credit act....??

so should I be looking if the mortgage was covered by the CCA and if so what then.

have they send a copy in the sar?

FfHey dx,

there is no copy of the mortgage contract and the covering letter with the Sar says:

"the majority of contracts we hold between the Bank and our customers are not held in relevant filing systems and are therefore not subject to the right of subject access under the Data Protection Act.

However where a copy of a contract is held in a relevant filing system or is held digitally in an automated system it will be found by our searches and will, of course be provided."

but there are sheets headed MTG02 MORTGAGE ACCOUNT DETAILS which has a section showing CCA Regulated Subs N and MTG03 SUB ACCOUNT LOAN DETAILS with section CCA Regulated Loan N.

Which suggests not CCA regulated.

unenforceable agreement.......????

 

they cant find it

or

this mis-sold protection invalidates it under CCA?

 

I believe in 1996 most mortgages were covered by the consumer credit act....??

No....... they were regulated by the FSA...Under the CCA 1974, s16 defined the exempt agreements, including mortgages. However CCA 2006 introduced an amendments lifting the threshold of 25K

Andy

Sorry Guys,

what does that mean?

Just looking through my file letters from Lloyds

they were threatening legal action since November 2013,

I started payments approx. Sept 2017.

there must be a reason unless they just have too much on their plate which I would not believe the way banks act now.