BARCLAYS breaching MCOB rules.

[LEJUSTICIER]

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 [1][2] , 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.

 

,

[LEJUSTICIER]

Hi Every one,

 

Sending a Subject Access Request, should I have to wait for 40 days or 40 WORKING days ?

 

Thanks .

[seanamarts]

Merged and moved thread. Please stick to the same thread. Thank you

[radmm0]

Hi Every one,

 

Sending a Subject Access Request, should I have to wait for 40 days or 40 WORKING days ?

 

Thanks .

 

40 Working Days.

[slick132]

Contrary to Radmm0's answer above, the time limit for the bank to respond to a SAR is 40 normal days, not working days.

 

I believe the £40 arrears fees are effectively penalty charges. They are not enforceable in law and should be complained about and reclaimed in full.

 

I'm not sure about the debt counsellor fees and litigation fees.

 

I will see if we can get you some more knowledgeable input to help you with this.

 

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

DB Mortgages and Redstone were censured and fined by the FSA in respect of the default charges and counsellor visits.

 

You seem to have found MCOBS which is a useful publication.

 

[ATTACH=CONFIG]34175[/ATTACH]

 

Some more information for you.

[radmm0]

Contrary to Radmm0's answer above, the time limit for the bank to respond to a SAR is 40 normal days, not working days.

 

I believe the £40 arrears fees are effectively penalty charges. They are not enforceable in law and should be complained about and reclaimed in full.

 

I'm not sure about the debt counsellor fees and litigation fees.

 

I will see if we can get you some more knowledgeable input to help you with this.

 

 

Thanks for the correction and sorry for the potential misleading of a CAGger. I was told by my mortgage company on the phone, when enquiring about their lack of response to my SAR, that they have '40 business days' to respond. I should have guessed that the respondent was most probably some 20 somthing or younger person who doesn't even know what SAR stands for, let alone the response time limit!

Rgds.

radmm0

[citizenB]

Thanks for the correction and sorry for the potential misleading of a CAGger. I was told by my mortgage company on the phone, when enquiring about their lack of response to my SAR, that they have '40 business days' to respond. I should have guessed that the respondent was most probably some 20 somthing or younger person who doesn't even know what SAR stands for, let alone the response time limit!

Rgds.

radmm0

 

This has happened to me as well, radmm0

 

CCA = 12 business days + 2 for posting

SAR = 40 calendar days + 2 for posting

 

[LEJUSTICIER]

Hi radmm0 !

 

Thank you for taking your time to reply to my request. You confirm what Barclays told me but I just need a confirmation from here.

Once again, Thank you.

[LEJUSTICIER]

Hello CitizenB !

 

Thank you for your correction and for your time for sending me all those information giving more than I was expecting.

You make me feeling more confident to continue my fight against Barclays . After it's warrant of eviction was suspended

( because there was no reason to enforce the repossession ),Barclays sent me a solicitor fee of £500.00 for its unjustified enforcement.

Any one's opinion on this matter would be appreciated.

Could you also advise me on my actual concern : " Do I have RIGHT to start a court action without waiting for the Financial Ombudsman decision ? "

 

Once again, All my gratitude.

[citizenB]

I think you would need to let the FOS know that you are taking court action. I will however, find out for sure

 

BRB

[LEJUSTICIER]

THANK YOU in ADVANCE for taking care of it.

Good luck !!

[LEJUSTICIER]

Hi Galactica !!

 

Thank you for your clear explanation and no need to apology when trying to help a cagger .

 

I agree with you on the point that the ORIGINAL LOAN is remaining UNREGULATED but :

 

MCOB 4.7.4R Paragraph 3 is giving the solution for this particular situation confirming that IN MY CASE, Barclays is breaching MCOB 13.3.2AR Paragraph 1 and 6 .

 

N.B. It's stated in " MORTGAGE ARREARS INSTRUMENT 2010 " :

 

MCOB 4.7.4R

------------------

" For the purposes of MCOB 4.7.2R

 

… 3) if a firm is dealing with an existing customer in arrears and has concluded that there is no suitable regulated mortgage contract for the purposes of MCOB 4.7.2R, the firm must nonetheless have regard to MCOB 13.3.2E(1)(a), (e) and (f) 13.3.2AR(1), (5) and (6) ... "

 

If any one still believes that my interpretation IS WRONG , I will be pleased to welcome any correction.

 

THANKS TO ALL OF YOU.

Edited March 25, 2012 by LEJUSTICIER

[bossy]

Hi,

I am in a similar situation with Barclays. I took a mortgage with two further advances before October 31 2004. Since your further Advance was April 2004,those further advances are not likely to secure on your property and they are not regulated mortgage contract. So they might not be enforceable and you should file a claim for unfair relationship under s.140. I didn't know this until few months ago when I wrote the land registry to provide me details of any charges on my title deeds and the mortgage conditions registered on it because I couldn't visibly see it on the legal charge. Below is the reply from the land registry and it also confirmed that the condition on the charge was 1989 Barclays condition

 

Thank you for your recent Email regarding title number TGLXXXXXx

Since the creation of this title there has only been two editions of the register. The first is dated XX XXX 1999, when the title was created. The second is dated 23 January 2006, a copy of which I believe you have.

The second edition was created by a change in Land Registry practice and not by any application lodged by another person. Effectively the change in practice resulted in the entry number 5 of the A Register– Property Register– being moved from the top of the page, where it was on the first edition, to the bottom of the page where it is now. In all other aspects the register remains unchanged. If it had not been for that change in practice there would never have been a second edition of the register.

You are welcome to apply for the first edition by completing the application form HC1 as mentioned in my colleagues earlier email to you.

 

Condition

 

I would like to know if it is possible to obtain the mortgage condition referred to in the Legal Charge. The date of the mortgage condition stated on page 2 of the Legal Charge dated xx xxxx 1999 you sent not readable.

Could you confirm the date of the condition filed under MD524A/01 and how to obtain this document?

 

The short answer to your question is no, Land Registry cannot supply a copy of the mortgage conditions.

 

Clause 1.4 of the mortgage on page 2 says, amongst other things that “……a copy of which has been supplied to the Borrower.” You should have received a copy with the Mortgage back in 1999.

 

Most of the larger lending institutes seek to have their mortgage forms approved by Land Registry in order to speed up the registration process. They lodge with us a blank copy of the mortgage form and conditions they intend to use, we then confirm that the mortgage is satisfactory for Land Registry and provide them with a reference number – the MD number you refer to. If I could get a copy, which I can’t, it would not relate to you personally but would be blank. Your best bet, if you have not got a copy, is to ask your lender to supply one.

 

Thank for your quick response. But do you know the date because that part couldn't show on the document you sent me. "Conditions": Barclays ( Mortgage Conditions England & Wales Edition). Could you confirm the year for me?

The date is obscured on the copy we hold too. But after a bit of digging round and using the ref MD524A, I have found the that the Mortgage Conditions were dated 1989.

I hope this helps.

 

The land Registry said it would reimburse me any costs incur to obtain the Mortgage conditions.

 

Regarding FOS, I agree with previous posts that using them is a waste of time, moreover, you do not know the information Barclays provided for FOS and Further Advance before October 31 2004 are not regulated contract. If you want to start a court action make sure you get a good lawyer and file your claim under s.140 of CCA.

 

I hope this help