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Repossession and standing outside bank!

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and i do not believe i have sent in spurious or unreasonable complaints to them.

 

my initial complaints centered around solicitors letter saying i couldnt sell house in the future and that there were errors made in the completion of the HBOS mortgage.

 

later my complaints were concerning their error about not updating my bank account which caused arrears, then repossession despite the fact arrears had been paid.

none of my complaints have been spurious or unreasonable.

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and - to answer your question about Why should HBOS feel any responsibility for actions of my agent / solicitor? = because I was a customer of HBOS and asking them why my solicitor informed me about the errors and inability to sell etc.

 

I bet HBOS's reply was "there are no errors we are aware of, we suggest you refer back to your solicitor"

 

Your solicitor. If HBOS weren't at fault they have no responsibility for YOUR solicitor.

 

You are again confusing (at least) 2 separate issues.

Perhaps this led to them being confused by your letters asking them to take responsibility for your solicitor's errors, (since you certainly are claiming here that them not taking responsibility for your solicitor's errors somehow makes them have treated you unfairly !) and may even have led to them considering you vexatious.

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I was thinking along the same lines, but agree it's unlikely to cover everything.

 

See what others think.

 

the only problem i can see with the mis-selling, - whilst i think it will not cover all financial losses, if mortgage is found to be mis-sold, then any compensation due to me will be kept by the bank because when house was repossessed, there was a huge shortfall because it was sold way below market value... so compensation due, if any, would be used to cover the shortfall.

 

HBOS don't like it when someone stands outside their bank giving out leaflets. I know this because manager tried his best to help me, spending considerable time phoning people when i was in his office on different occasions. The threat of me standing outside their bank enabled them to answer my complaints which started 6 years earlier, in which they said that there is no problem in me selling house in future and they do not consider there to be any error on the mortgage.

 

That is all i wanted from my bank in relation to my complaint and concern. But 6 years it took them, and only after the threat of me standing outside their bank...

 

It seems that there is not much I can do. I think I can kiss goodbye to my holidays over next few weeks and say hello to a new branch manager as well as the great british public :)

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The threat of me standing outside their bank enabled them to answer my complaints which started 6 years earlier, in which they said that there is no problem in me selling house in future and they do not consider there to be any error on the mortgage.

 

That is all i wanted from my bank in relation to my complaint and concern. But 6 years it took them, and only after the threat of me standing outside their bank...

 

So, their final reply about the issue of the mortgage was "HBOS had done nothing wrong, there was no problem with it", yet it is still their fault?

 

Looking at it from HBOS's point of view : you complain to them for 6 years about your solicitor's error.

You don't pay your mortgage, they get a possession order.

You get an urgent hearing to appeal the possession order, and don't present your evidence you have cleared the arrears (and HBOS's solicitor isn't aware of this, so doesn't have the evidence to provide in your behalf).

 

Yet somehow they have treated you unfairly?.

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I bet HBOS's reply was "there are no errors we are aware of, we suggest you refer back to your solicitor"

 

Their reply was: They have no problems in my mortgage, that there are no errors, that they can not stop me from selling the house in the future.

It took them 6 years to come up with this reply and only did so because a branch manager went out of his way to get my earlier complaints answered.

Your solicitor. If HBOS weren't at fault they have no responsibility for YOUR solicitor.

But they have a responsibility to me as one of their customers. That there is not an unfair relationship. That they should not ignore me for 6 years and then only decide to take time to understand and answer my complaint because of the persistence shown by their branch manager.

The fault HBOS had was to ignore me for 6 years before supplying me with an answer.

Their later fault was to repossess the house despite there being no arrears.

You are again confusing (at least) 2 separate issues.

Perhaps this led to them being confused, or considering you vexatious.

They were neither confused or vexatious. They had a copy of my solicitors letter along with a letter of complaint.

They should have responded to the contents of the solicitors letter and not wait 6 years to respond in order to stop me standing outside their bank!

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the only problem i can see with the mis-selling, - whilst i think it will not cover all financial losses, if mortgage is found to be mis-sold, then any compensation due to me will be kept by the bank because when house was repossessed, there was a huge shortfall because it was sold way below market value... so compensation due, if any, would be used to cover the shortfall.

 

HBOS don't like it when someone stands outside their bank giving out leaflets. I know this because manager tried his best to help me, spending considerable time phoning people when i was in his office on different occasions. The threat of me standing outside their bank enabled them to answer my complaints which started 6 years earlier, in which they said that there is no problem in me selling house in future and they do not consider there to be any error on the mortgage.

 

That is all i wanted from my bank in relation to my complaint and concern. But 6 years it took them, and only after the threat of me standing outside their bank...

 

It seems that there is not much I can do. I think I can kiss goodbye to my holidays over next few weeks and say hello to a new branch manager as well as the great british public :)

 

Frankly I don't see how handing out leaflets outside a bank will help address issues and am surprised at your policeman friend advising it. What would it achieve and what will you put I them?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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Frankly I don't see how handing out leaflets outside a bank will help address issues and am surprised at your policeman friend advising it. What would it achieve and what will you put I them?

 

They ignored a complaint for 6 years. Every 4 or 5 months, I would send them the same complaint and copy of solicitors letter.

 

They only answered my complaint after I said to their branch manager I would be standing outside his branch.

 

Police friend didn't advise it. I asked for advice on legal way of standing outside bank.

 

What would it achieve? It would hopefully achieve someone to look and see they made an error in repossessing and to offer me apology and compensation.

I achieved a result before (after they ignore me for 6 years) when they were informed that I would be doing this.

 

What would i put in leaflets? Just facts that can be proven, ie - they ignored me for 6 years previously, then made an error themselves by repossessing house despite there being no arrears and ignoring me again. Also link to website showing same.

 

That seems to be the only say in getting sense or a response from HBOS (to stand outside showing people the way they operate)

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Well good luck with that, and I wish you well with it. I believe people should fight for their rights and I hope you get the outcome you want.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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I did it before, for 20 minutes or so, until the branch manager came out and told me he had spoke with another manager and that I would receive a response from my 6 year complaint that same day.

 

It worked. I received a response by phone call. And they followed that response up with confirmation letter.

 

Shame on them for not doing this 6 years earlier. - But, that is what it took, for me to stand outside their branch.

 

I was hoping not to waste my holidays standing outside the bank again. This will be a different bank so I would feel as if I do not have any obligation to anyone asking me to stop like the previous time.

 

Sad situation a customer has to do this.

 

Actually, the last time I had expected people to moan and grumble at me, but they were all friendly with some even thanking me for the leaflet I gave to them.

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bazza / caro / sabresheep / bornthisway / thanks for your help!

 

i don't think anything more can be said in thread at the moment. I am not willing to waste more money in this and pay for solicitors and barristers again.

 

I will update thread with outcome from me standing outside one of their branches.

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Around 2007, I took a mortgage with HBOS.

.

.

.

.

.

 

to answer any one of my complaints during the last 10 years.

 

Will the leaflets have such an obvious error in them?.

(How did you know to start complaining in 2005 [10 years ago] if the mortgage was in 2007?).

 

If you can't get the chronology correct, can't provide your key evidence in court, and have to get your N1"s written for you (see the Voda thread) .......

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Will the leaflets have such an obvious error in them?.

Hopefully not. They will be checked, checked, checked and checked again to ensure everything said can be backed up by paper evidence.

(How did you know to start complaining in 2005 [10 years ago] if the mortgage was in 2007?).

First mortgage was in 2004 or 2005 and re-mortgage? / advancement? / increased loan in 2007 - same mortgage company.

It was an increase of funds which were paid to me. They happily gave me increase of funds whilst still ignoring complaint. But as i could use it to pay my loans and credit cards i used at uni, i was happy enough to take it.

If you can't get the chronology correct, can't provide your key evidence in court, and have to get your N1"s written for you (see the Voda thread) .......

....... ? and? i don't understand your question! unless it is a statement? anyway -

 

Chronology is correct.

Providing key evidence in court - the receipt was prepared, but I am sure you can appreciate that a person would suffer a stress reaction on the day their home is due to be imminently repossessed by the bank and such stress caused me to leave paperwork behind when i had to return for another parking ticket.

 

As for getting my N1s wrote for me, it is a learning curve. My first and second failed as were not correct. You helped me a lot with vodafone (and here), thanks again! Besides, Vodafone thread you keep mentioning in this thread - I am sorry, but, I just don't see the relevance in that here.

 

Vodafone is entirely a different matter and I am pursuing them on principle and not for money. I want them to learn that they are not above the law even though they rely on their policy being above law.

HBOS - I worked hard to save money for deposit and essentially lost that, plus more.

Both are entirely different from each other.

..

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Besides, vodafonelink3.gif thread you keep mentioning in this thread - I am sorry, but, I just don't see the relevance in that here.

 

The relevance is that you seem unable to avoid confusing issues to present issues clearly, producing a (complaint / N1 / evidence) in the required clear manner.

 

This has cost you (by your estimation £40k) when you failed to prevent the repossession of your property, and cost you (by your estimation) over 400 hours of 'research' (for little apparent benefit) on the Voda thread.

 

So, there are links between the two ..... leading me to suspect that self-representation is not a good path for you (you seem unable to see the flaws in your position, get professional representation when you cant arrange your case properly, and unable to take good advice).

 

So, you can stand outside the branch, for all the good you think it will do you

 

HBOS final response to my complaint letters = to ignore my complaint and send me a letter stating that any further communication will be placed upon file.

 

Looks like they have decided they have tried to answer you and it wasn't working.

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The relevance is that you seem unable to avoid confusing issues to present issues clearly, producing a (complaint / N1 / evidence) in the required clear manner.

OK. Then there is a difference of opinion as I don't believe the Vodafone thread you keep referring to has any relevance on how I may obtain an outcome with my bank.

This has cost you (by your estimation £40k) when you failed to prevent the repossession of your property,

Paying the total arrears should have prevented repossession of the property.

Whether I can or can not produce a complaint / N1 in the required clear manner has no bearing on the repossession of the property.

To put it simply, there were no arrears, therefore repossession should not have gone ahead.

and cost you (by your estimation) over 400 hours of 'research' (for little apparent benefit) on the Voda thread.

I don't know the exact hours. 200. 300. 400. 500. i didn't count them. But the accumulated hours included learning a lot of things such as injunctions, harassment, court process, case law. I would estimate that at least half of that time was learning things that turned out to be irrelevant in the case of vodafone.

 

So, there are links between the two ..... leading me to suspect that self-representation is not a good path for you (you seem unable to see the flaws in your position, get professional representation when you cant arrange your case properly, and unable to take good advice).

The links - in that I can not present a complaint in a clear manner... self representation will involve an element of me speaking which will result in a clear manner

 

So, you can stand outside the branch, for all the good you think it will do you

I showed earlier in the thread all the good it did me the last time I stood outside their branch. 6 years of being ignored led me to stand outside their bank and the same day my complaint from 6 or so years previously was answered to my satisfaction.

Standing outside their bank got me an answer that I had waited 6 years for and that answer was only forthcoming when I stood outside their bank.

Looks like they have decided they have tried to answer you and it wasn't working.

No. When asking them with latest complaint why they repossessed house despite there being no arrears, they would not answer me. After a few letters they simply responded with "any further communication would be placed on file"

 

,,

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To put it simply, there were no arrears, therefore repossession should not have gone ahead.

 

To put it simply, all you had to do was show that in court, and you didn't. The court ruled on the evidence in front of it.

 

self representation will involve an element of me speaking which will result in a clear manner

 

Which cost you 40k last time .....

 

I showed earlier in the thread all the good it did me the last time I stood outside their branch. 6 yearslink3.gif of being ignored led me to stand outside their bank and the same day my complaint from 6 or so years previously was answered to my satisfaction.

Standing outside their bank got me an answer that I had waited 6 years for and that answer was only forthcoming when I stood outside their bank.

 

So, they told you they had no responsibility for your solicitor's error(s), and you got no further forward, If that is "a victory", what do you consider a loss?.

 

So, you stand outside a branch. I'll offer you now what they MIGHT offer you (or tell the press IF they get any enquiries):

"The repossession was lawful, and approved by the court due to arrears. An application to rescind the repossession was made, at the 11th hour, and if any repayment was made it was the responsibility of the house owner to show this in court. They had this opportunity and failed to do so, so the court ruled the repossession shouldn't be cancelled and it went ahead".

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Unless you've anything new to add I think you've made your point quite clearly Bazza.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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To put it simply, all you had to do was show that in court, and you didn't. The court ruled on the evidence in front of it.

No. In repossession hearings, the Judge can decide whether documented evidence is required or not.

As I said, I had evidence to show arrears were paid but because of stress I left the document in car when i returned to renew parking ticket.

So, they told you they had no responsibility for your solicitor's error(s), and you got no further forward, If that is "a victory", what do you consider a loss?.

It is a victory for me because after HBOS ignoring me for 6 years, they decide to answer my complaint just as soon as I stand outside their bank.

All I wanted was my complaint and concerns clarified and after waiting 6 years, I consider it a victory that they answered my complaint and concern just as soon as I stood outside their bank. That is all I wanted. I got what I wanted - that is a victory.

 

So, you stand outside a branch. I'll offer you now what they MIGHT offer you (or tell the press IF they get any enquiries):

"The repossession was lawful, and approved by the court due to arrears. An application to rescind the repossession was made, at the 11th hour, and if any repayment was made it was the responsibility of the house owner to show this in court. They had this opportunity and failed to do so, so the court ruled the repossession shouldn't be cancelled and it went ahead".

No. If they said that, then it implies that they ignore all their customers and can repossess their customers homes without there being any arrears and relying on the fact that their customers then have to go to court.

..

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Wow could anything be more complicated?

 

 

I have never heard of an advisor suggesting a BTL Self Cert mortgage to a first time buyer. It just sounds ludicrous.

 

 

Maybe your best course of action is mis-selling. BTL suggests a level of financial competence which, with respect, you clearly did not have at the time.

 

 

Since you had no intention of letting it out, and never checked for mail, I can see how the problem arose (although I would certainly notice if my mortgage payments were not going out of my bank account each month)!

 

 

Poking through all the chaos it seems to me that whoever sold you this loan led you down a path which has seen you make yourself unable to get another mortgage for years, if ever. It would certainly be worth making a complaint.

 

 

But as someone else said.........you hired a barrister to sort out an earlier problem, but represented yourself, without the paperwork at an eviction hearing? Sorry, but that is just madness!

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Wow could anything be more complicated?

 

 

 

I have never heard of an advisor suggesting a BTL Self Cert mortgage to a first time buyer. It just sounds ludicrous.

It was said its the only mortgage I could get because I was a student and had been studying for nearly the last 3, and still had another 2 years of study to finish.

 

Maybe your best course of action is mis-selling. BTL suggests a level of financial competence which, with respect, you clearly did not have at the time.

There is a shortfall after repossession. They sold the house at way below market value and even taking into account the large deposit I had to pay as well as refurbishments, there was still a shortfall. The mis-selling route may work as I can see a few different ways in which the mortgage was mis-sold. But if I do this, the only disadvantage is that any compensation would be kept by the bank because of the shortfall.

I certainly was not a level of financial competence at the time as you say!

Since you had no intention of letting it out, and never checked for mail, I can see how the problem arose (although I would certainly notice if my mortgage payments were not going out of my bank account each month)!

My student days my bank balance was always usually around the zero mark! I never used to check my bank balance and just kept a rough mental note as I knew what was going in and what should have been going out.

 

 

Poking through all the chaos it seems to me that whoever sold you this loan led you down a path which has seen you make yourself unable to get another mortgage for years, if ever. It would certainly be worth making a complaint.

That is a plus :) I would never ever want another mortgage again.

 

 

But as someone else said.........you hired a barrister to sort out an earlier problem, but represented yourself, without the paperwork at an eviction hearing? Sorry, but that is just madness!

I had the paperwork at the eviction hearing but because HBOS solicitor was 2 hours late, I had to return to car and left my receipt there. The earlier problem was complex as it involved fraud.

The eviction problem I thought would have been easy enough, I thought simply show up at court, speak with the judge, show my paperwork - the receipt for arrears payment, the judge would see sense and all would be ok.

Madness - to leave my evidence/ receipt in car when i returned to renew parking ticket.

I think that going through process of mis-selling would be a waste of time because of the shortfall.

 

Either I forget about this problem as I have done for last few years, or I stand outside bank as per my plans since I know from past experience that this forces the bank to answer complaints as well as paying more money to barrister to proceed with professional negligence complaint against the solicitors insurance company as well as look into the repossession despite no arrears.

 

I think there is a time period of 12 or perhaps 14 years to bring a claim for mortgages. That period is due to run out soon, within next year or 2

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To be fair the mis-selling is not the fault of the bank. They simply provide a product which a customer uses, or not, as the case may be.

 

 

The mis-selling case would be against the broker who recommended the product (I think I read earlier that you used a broker?).

 

 

Can I ask why you bought the house in the first place if it was not to live in and not to rent out? Not many students are able to buy a house until years after their studies have finished and their income permits it. I think whoever advised you would have been doing you much more of a service if he had told you to go away and come back in a few years! But then he would not have earned a fat fee in that case!

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Yes, a broker.

I was meant to live in the house. It was empty for a few months as one of my parents was ill at the time and then i had uni holidays.

 

I have decided not to rush and stand outside bank at the moment. Reason being I have holidays and I want to enjoy them. I sent complaint to HBOS again earlier today, I found a direct number I was given from branch manager years ago when I had the first complaint (nothing to do with repossession).

 

I was firstly told the complaint had been answered. Then, after some time, I was told that he could personally see the complaint had not been answered and also they will send me a response to the complaint.

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Yes, a broker.

I was meant to live in the house. It was empty for a few months as one of my parents was ill at the time and then i had uni holidays.

 

I have decided not to rush and stand outside bank at the moment. Reason being I have holidays and I want to enjoy them. I sent complaint to HBOS again earlier today, I found a direct number I was given from branch manager years ago when I had the first complaint (nothing to do with repossession).

 

I was firstly told the complaint had been answered. Then, after some time, I was told that he could personally see the complaint had not been answered and also they will send me a response to the complaint.

 

Is this the same complaint they say they have answered & told you they'll ignore further correspondence by merely adding it to their file?

 

HBOS final response to my complaint letters = to ignore my complaint and send me a letter stating that any further communication will be placed upon file.

 

If it is the same complaint: why do you now think their response this time around will be any different?

 

If it isn't relating to the repossession, but to your complaint to them based on the incorrect information YOUR solicitor gave you:

enabled them to answer my complaints which started 6 years earlier, in which they said that there is no problem in me selling house in future and they do not consider there to be any error on the mortgage.

 

That is all i wanted from my bank in relation to my complaint and concern.

You've said they answered that, already.

 

Or is this some new complaint?

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Is this the same complaint they say they have answered & told you they'll ignore further correspondence by merely adding it to their file?

yes

 

 

If it is the same complaint: why do you now think their response this time around will be any different?

as said in above post, i found a direct number to some dept that the branch manager gave me which sorted my 6 year complaint out within one day of contacting them several years ago.

..

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