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BCOBS - do i have a claim

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first post here so hopefully will "do it" correctly so to speak !


setting the scene :


I have a mortgage with Halifax and it has all been going fairly well until the last few months. I changed job which has meant that the day i get paid has changed to my personal bank account. My mortgage is a fixed rate 2 year deal, due to expire in march next year.


the crux of the matter:


due to my pay going in on the last day of the working month to my own bank there was an instance in May (I think) where there were insufficient funds when Halifax tried to take my mortgage payment (payment date for the DD is 28th of each month). I called them up and they advised i could recall the money via my own bank (Barclays) and as long as i paid the amount due for the mortgage before the end of the month all would be good. I did so and indeed all fine. However that gave me a concern....what about other months ?


July and August have both been the same kind of situation paid after the 28th. I knew this was going to come up so called Halifax and had a lengthy talk with them. they couldn't change the payment date to the 1st without my having to pay on the 28th and again on the 1st - not really affordable. They then suggested a standing order. I confirmed with them that this would work. I got them to send in writing that i can cancel my DD and set up a standing order for the last working day of the month.


Having done this i then got a letter at the beginning of July saying i had a late payment - credit file affected etc. I called them again and they confirmed they had received the payment on the last working day - but it hadn't been applied to my account until the 3/4 of august. they corrected the credit file and all was "safe" for that month.


I raised a complaint though and suggested three options :


1) change hte payment date to the 1st without having to make a double payment - i offered to pay the interest covering the "gap"

2) eave as is and they monitor and correct credit file each time this issue occurs

3) allow me to switch my mortgage to another of their deals / another lender without the Early repayment charge.


some bad customer service later - i escalated the complaint.


eventually I got a call back from a senior person saying they can offer the below:


1) cancel the SO and just call to make a payment at the end of each month (not possible, i work in IT and could be working in Datacentres etc where i cant take my phone and can also be on night shifts depending on incidents and projects)

2) They would grant me a "Payment holiday" (even though i am not due one), then change my payment date to the 1st and i would continue paying that way.


the second option was fine until they informed me that due to this i woudl incur extra charges and my payment amount would go up (not much but still an increase). Also if i were to need or request a payment holiday in the future having had this payment holiday it would need to be reassessed and potentially refused.


To me i see the solution offered as unfair - it means i pay more and potentially lose the right of a payment holiday when I may need one.


Going by the above (And i can share lots more info if needed) do i have a case to challenge the bank under BCOBS ?


I've asked for the "offer" to be sent to me in writing and said i will read it over and go back to them. MY account etc stays the same until i respond.


Advice appreciated if you don't mind.





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Doesnt sound like you are dealing with the right people...

Have you emailed the CEO?




Hold off BCOBS... If nothing works from the CEO email then go down the route of BCOBS

Yes you would have a case. A financial institution should do everything to help in these situations - That also means changes to payment dates etc to prevent falling into arrears.

If they do not do so then they fall foul of CONC source-book rules / FCA requirements to treat customers fairly. Remember here - You are keeping up with your payments as you should do. You are running around after the bank - You should not be doing so...


Receptaculum Ignis


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Hiya Fkofilee indeed i mailed Antonio - it was from my email to him that my case got escalated. teh person it got escalated to was the one that came back to me today with the "final" option. I'm debating emailing antonio back again and advising of the outcome and the BCOBS / CONC angle.....?

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MCOBs governs the relationship between mortgage lenders and borrowers in the United Kingdom...not BCOBs



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