I have been paying a mortgage with Woolwich since April 2004.
After home improvement loan and further advance loan , the mortgage is now
composed by three different accounts plus a mortgage current account.
1) JUNE 2009 - NOVEMBER 2009
I was experiencing Financial difficulties , my partner lost her job in September.
So I informed Woolwich about my intention to sell the flat . I asked Woolwich
for interest only payment but Woolwich said it was not possible to change my
repayment contract to interest only contract.
Woolwich then told me to continue paying what I CAN AFFORD without any other
positive assistance in compliance with FSA rules.
2) As from DECEMBER 2009
WOOLWICH has been charging :
- £40.00 for arrears , IN TOTAL 18 TIMES.
- £82.25 and £84.00 for debt counselor home visit without informing me
- £100.00 Litigation fee, 2 TIMES
- 3 TIMES Solicitor fee : £500.26 + £18.00 + £42.00
And Without complying with MCOB 13.3.2A in " Mortgage Arrears Instrument 2010 ",
Woolwich ignoring completly the PARAGRAPH 6 ,
- took me to BROMLEY COURT and was granted the repossession at the hearing
on the 1 NOVEMBER 2010 asking me to leave the flat on the 27 December 2010.
Without enforcing the repossession after the 27 December 2010, Woolwich :
- Asked me in February 2011 for a so-called arrangement to pay £1263.60 monthly
despite my insistance to call it's attention on the fact that I couldn't handle that arrangment
because my monthly income was and still is £1700.00 ; [ This is another breach. ]
I've contacted the Citizen Advice Bureau and I was only paying £1100.00 and Woolwich
continued charging the £40.00 for arrears.
And because I've complained about the repetitive charges of £40.00 and warned woolwich
that I will stop my mortgage payment until a Court decision makes me change my mind if the
charges continue to increase the mortgage outstanding balance, Woolwich :
-Enforced the repossession to send me the eviction notice on the 25 JANUARY 2012
that should take place on the 22 FEBRUARY 2012 in a situation where after my first
payment of £1263.60 in february 2011, I've being paying without any arrears :
From MARCH 2011
- £1100.00 covering £1053.81 for the 3 mortgage accounts plus £46.19 towards the
arrears till 31 AUGUST 2011 ,date where I reached the end of the fixed rate term ;
And from SEPTEMBER 2011, after the rate variation
- £950.00 covering £836.45 for the 3 mortgage accounts plus £113.55 towards
the arrears till 31DECEMBER 2011
In order to stay the eviction, I submitted N244 application and the Court suspended
the warrant of eviction by asking me to pay £953.00 representing £146.00 towards the
arrears in addition of the monthly contractual payments of £807.00 because
woolwich solicitor declared to the judge at the hearing on the 13 february 2012
that my monthly contractual payments are £807.00 in total instead of £836.45 ,
creating a new problem I am trying to find a solution for now.
To make it short I CONFIRM that :
1) Woolwich sent me a final letter to continue my complaint with the Financial
Ombudsman. I did it on 13 FEBRUARY 2012 and I received a reply confirming
they will get back to me again in four weeks time.
2) Woolwich admitted in the final letter :
2011 incorrectly as you paid the first required payment of £1263.60 in FEBRUARY 2011.
I have therefore reversed this charge from your account. >>,
WITHOUT any confirmation statement but confirming that all those unfair charges ,
litigation and solicitor fees due to Woolwich breaching MCOB 13.3.2A ,MCOB 13.3.4A,
MCOB 12.4.1R  , PRINCIPLE 6 and many OTHERS ,
increasing MY mortgage outstanding balance.
3) I've sent a Subject Access Request on 16 JANUARY 2012 and I got a proof of delivery
signature but Woolwich didn't reply at all. when I told woolwich about it during a phone call
on 27 FEBRUARY 2012, I was told that I have to wait for fourthy WORKING days instead
of fourthy days.
And finally , because WOOLWICH breaching MCOB 12.4.1BR which provides :
a firm must ensure that any payments received from the customer are allocated FIRST
towards paying off the balance of the shortfall [ excluding any interest or charges on
that balance ]. >>,
I AM SEEKING ANY HELP or ADVICE for a professional investigation on
all my mortgage accounts in order :
A) TO UNDERSTAND :
- How the arrears accumulated
- How the interest was calculated
- What outstanding balance was taken in consideration to calculate the interest
- What parts of my payments are used to pay off the interest and the capital
B) TO STOP Woolwich taking advantage from my situation as I am still struggling
to keep my payments.
My final intention is to sue Woolwich if possible.
THANKS to every one in advance, and sorry for my english.