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Harassment and blackmail by mortgage lender


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Hi all

 

My lender has been persuing me for a debt I can prove I don't owe. They recently agreed this though only verbally! . Have letters etc. for 2 years asking for this - which was incorrect accounting on their part

Also , the lende agreed to terms I thought we had initially agreed too. For about 3years they denied these terms though transcripts of phone calls and recording prove otherwise though they never formally agreed to the terms.

Because of the supposed belief in these terms we permitted a short sale of a property ; weeks before completion of the sale the lender changed the terms completely ! - is this blackmail ?

They led us down a path and then changed the rules at the last minute ; now ; but only verbally they agree with the initial terms after 5 years of torture

 

I assume they are playing nice simply because they realise they are in a tight spot. I cannot go to the FSA as it is outside their jurisdiction

My question is harassment for a debt I never owed is easily provable , but blackmail is more tricky ?

 

What legal stance should I take - they certainly aren't now playing ball for fun so assume they realise they are in the smelly stuff

 

Any advice welcome

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I think you will need to make an Official complaint to their head office.

 

Make sure you head the letter Formal Complaint.

 

Bullet point your issues and what you require in order to resolve the situation. They have 8 weeks to respond. If they dont or fail to resolve to your satisfaction, then you can take your complaint to the FOS.

 

Before you move forward, have you looked to see if there is anything in either MCOBs or BCOBs that will assist you ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi all,

 

Well; firstly FOS will not look at the case for a variety of reasons e.g. pre credit consumer act, original loan outside UK etc. etc. etc.

We still owe the lender cash (for a shortfall). I can prove harassment when their own figures were incorrect. They led us to believe the repayment of the shortfall would have certain conditions; I have some evidence to indicate this. Just before the property was sold they magically 'changed' the rules and requirements. This put us in an impossible situation; default and go to foreclosure or potentially be sued by the buyer for pulling out. I consider this to be either blackmail or fraud - i.e. we were manipulated into a position by the lender.

Not heard of mobs and Bcobs ; do they have any *real* power????

 

Cheers

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Yes, I understand they do.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Hi all,

 

This is regarding (of course!) GE Home lending [EDIT].

 

Rather than post the whole story I shall cut to a specific point.

 

My lender claimed I owed for missed payments and associated fee's.

After about a year of "communication" they wrote too me and agreed to waive the missed payments and therefore all associated fee's i.e. remove the 'debt'

We still have other issues though.

As part of their "full and final OFFER" they agree to remove the debt + fee's listed above.

But this they word as "part of their offer".

The original letter states no conditions as all ; just we will reverse and remove debt and fee's.

I feel they are now backtracking and making this "conditional" when it was originally written with no conditions.

It feels like they are using this as leverage or indeed blackmail.

 

If I say I will "give you £10"

But I never give you the £10

And then later say "I will give you £10 if you agree to xxxxx"

 

Do you see the issue?. There was no condition on my first proposal but now I decide to use it to manipulate you.

 

Incidentally (wish I could swear here) GE ; because they have not removed the debt (though it does not exist!) are still adding fee's for missed payments of debt that doesn't exist!!!!!

 

What should I do? (FOS are no good nor CaB)

 

As a secondary question. Does this potential (if it is) blackmail mitigate any other related debt I have with GE i.e. the "other issues".

 

[EDIT]

 

Any help appreciated!!

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