Help! Husband's 18year old mortgage debt landed on our doorstep today. I'm terrified.

[sillygirl1]

No, I am a great fan of the 'short and sweet' letter, you have done well on that. Don't give them more ammo to use against you.

[perplexedofdorset]

Hi guys, well its the 23rd of February and I have just received a letter from the H. They seem to be adopting the short and sweet motif too.

 

They acknowledge receipt of my last letter and advises my OH and me that they

'will liaise directly with the FOS and await contact from them'

they 'thank us for the complaint reference which has been noted on your file'

 

As i say short and ...

 

So pretty standard stuff?

Is liaising directly with the FOS normal?

Does that mean no more letters to us?

[debbbbsy]

Does that mean no more letters to us?

 

While the complaint is with the FOS, they should not make any further demands until a decision has been made.

 

Debbie

[unclebulgaria67]

While the complaint is with the FOS, they should not make any further demands until a decision has been made.

 

Debbie

 

Agreed. You will have to wait now for the FOS to get back to you. This may take a while, as the FOS receive a massive number of complaints and apparently don't have enough staff to deal with them.

 

As I said before, once the FOS start looking into this, they will work with both sides until a final decision is made.

[perplexedofdorset]

So could that be...H bugger off or OH pay!!!!!

[unclebulgaria67]

So could that be...H bugger off or OH pay!!!!!

 

Well we are hoping for the former and not the latter.

 

Another point to consider is that sometimes the FOS do partially uphold complaints. They might decide that Halifax have made mistakes and should not seek collection this late in the day. I think that is a possibility.

[perplexedofdorset]

fingers crossed...thanks again Uncle Bulgaria and the good people of cag!!!

[perplexedofdorset]

Letter from the FOS today (27/2/12) laying out what is going to happen...

 

they have asked Bank of Scotland (?) for further information to aid them in their investigation

their adjudicators will begin to look at our case

who will introduce themselves and discuss our complaint in more detail, which should happen within 12 weeks

(does this mean they will call us/me??? I really would prefer this to be done via letter)

they want us to tell them if our circumstances change...

if we experience serious financial difficulties

(isn't that most of the western world at the moment??)

if we experience serious ill health

(does that count for me or just my OH, and why do they want to know?)

if we are threatened with legal action relating to the complaint

if BoS contacts us with an offer

 

They've given us their email and phone numbers and reference number

 

they enclose a factsheet about how they deal with complaints and what happens next....

So is this pretty much run of the mill stuff???

[unclebulgaria67]

Yes. Halifax/Bank of Scotland (HBOS) now part of Lloyds Banking group.

 

Sounds like a standard letter, just telling you what they will be doing and asking you to contact them, if you have anything you need to tell them. e.g If Halifax contacted you, you would refer it onto the FOS as necessary.

 

As it is a standard letter, it won't be catered for your individual case, but they will know from your complaint that you are dealing on your OH's behalf.

 

I suspect that you now won't hear anything from the FOS, this side of Easter.

[perplexedofdorset]

Thanks Uncle B!

As for me, I wont be seen much this side of Easter either.

Having had all year so far off work, I'm going in for the kidney op next Monday and don't expect to be doing much of anything for at least a week,

then a further 4-6 weeks off work!

what with that and my Dad, 2012 has been a bit of a s*** year so far.

Thanks again...I will get back in touch with any developments.

Edited February 27, 2012 by perplexedofdorset

[unclebulgaria67]

Good luck with the OP !

 

Just buy yourself plenty of chocolate and some DVD box sets, ready for when you need to rest for a few weeks.

[BRIGADIER2JCS]

Thanks Uncle B!

As for me, I wont be seen much this side of Easter either.

Having had all year so far off work, I'm going in for the kidney op next Monday and don't expect to be doing much of anything for at least a week,

then a further 4-6 weeks off work!

what with that and my Dad, 2012 has been a bit of a s*** year so far.

Thanks again...I will get back in touch with any developments.

 

Hi, I hope everthing goes well with the op.

 

Big.

[perplexedofdorset]

Thanks Guys

[perplexedofdorset]

Hi there,

Well today my OH and I received a letter from the FOS, explaining that our case has now been assigned to a specific adjudicator,

the reference number has changed and asking us to contact them if any other information comes to light.

 

The adjudicator, a woman, says the time it will take to reach an outcome depends on issues involved and whether they need more information.

 

She notes that I did not supply a phone number or email and urges me to contact her by phone, 'so she may better understand our concerns'...I really don't want to go down this route, Is it essential?

 

Her understanding of our complaint is that

A) we do not believe the H are able to pursue the shortfall as more than SIX years have passed and

B) we are concerned that the H did not act appropriately when attempting to sell the property after possesion...

 

Would you guys agree with those issues??????

[rdm2006]

I would say A needs to be amended to something like - We do not believe that H are complying to the CML code of practice (an organisation which they aspire to belong to). The code stipulates that mortgage shortfalls will not be chased after 6 years without payment or acknowledgement.

 

It is an offence to advertise an affiliation to a code or organisation and then not to comply with that code or code of that organisation. (offence under UTCCR and unfair under MCOBS regulations I think)

 

Basically if they were not CML members then they would be within their rights to chase for up to 12 years. so they are in fact able to chase but shouldn't due to their affiliation with the CML (Council of Mortgage Lenders)

Edited March 27, 2012 by rdm2006

[perplexedofdorset]

So should i write back to the FOS acknowledging their letter and putting that bit in???

[rdm2006]

It may also be worthwhile adding that you would not have taken the mortgage out with them if they had not been members of the CML so saying that they are and not complying with the CML code has caused you to make a financial transaction that you would not have made otherwise.

[rdm2006]

So should i write back to the FOS acknowledging their letter and putting that bit in???

 

In my own opinion, yes but wait and see what others say first

[perplexedofdorset]

My OH would add that he finds it amazing that they would lend £41k on a property they then value and sell at £22k a few years later and that they shouldn't have lent to him in the first place, but that's another matter!

[unclebulgaria67]

Agree with input made by rdm.

 

Perplexed. Why don't you write down all the points previously made, including the latest input from rdm and then give the adjudicator at the FOS a call. You can send her a letter/email, as a follow up, so they have this in writing.

 

It can be a good idea to build some rapport with the person from the FOS and there is no problem phoning them, as long as you follow up in writing.

 

When you phone them, you can if you wish apologise for not including a phone number as you have been going through some health problems and a bereavement. Then just summarise the issues that you have and advise that you will put in writing.

 

If they ask any questions, it will just be to make sure that they have understood the points you are making. Just stick to the information that you are aware of.

[rdm2006]

Remember that the H will be phoning them and building a rapport with them as has been seen by some of the results which have been given by FOS.

[dx100uk]

i notice that no-one has ever suggested checking your hubby's cra file?

 

might be something there might not

 

dx

[perplexedofdorset]

cra file???????

 

I really feel so tired with all this, I don't know that I can phone someone...Am I being a wimp???

 

It scares me, my OH has a wonderful ability to wpe things from his mind, ie first disastrous marriage/wife etc...

Do I really have the information I need?

 

I don't know what to do anymore...

[unclebulgaria67]

cra file???????

 

I really feel so tired with all this, I don't know that I can phone someone...Am I being a wimp???

 

It scares me, my OH has a wonderful ability to wpe things from his mind, ie first disastrous marriage/wife etc...

Do I really have the information I need?

 

I don't know what to do anymore...

 

CRA - DX is suggesting that your OH gets hold of his credit record from a Credit Reference Agency, to see what is recorded on there. Experian offer a free 30 day trial, as long as he remembers to cancel, to avoid getting into a subscription.

 

I can understand not wanting to phone the FOS and that is your choice. Just write back, acknowledging their letter and advise that you are currently recuperating from an operation, hence not phoning or providing a telephone number.

 

In your letter you can just confirm what you have already submitted and advise that you do not feel that it is correct for a CML member to be chasing for a shortfall debt, 15 years after the house was sold.

 

It is up to the FOS to look into whether it is correct or not for Halifax to be chasing for the debt.

 

Just do that for the minute and perhaps when you or the OH are feeling better, if the FOS need to discuss this on the phone, one of you will feel able to do so.

[perplexedofdorset]

Oh Uncle B, what would i do without you??!!

 

I'll try and write that over this weekend, and let you know if i hear back..

 

Do you not think it is slightly suspect that all this started because my OH incurred a parking ticket,

which he believed he had paid correctly (something about a 24 hour period)

which he then ignored because that's what he does and he is so busy working away..

the parking ticket was passed to SS's which he then paid then suddenly this.......

 

???????