Tuesday 31 July 2018

Mortgage Prisoners - Let Battle Commence!

The banks were saying "You can't afford to pay less"!!!
THIS WAS WRITTEN 31 JULY 2018, before Panorama exposed the Cerburus scandal - but ANYONE who feels they were unfairly put on SVR and denied a better rate should put pressure on the banks and regulators.

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So, after dragging their heels for years, with the FCA (the cornerstone of 'Fairness' purportedly) having proved themselves utterly toothless, the banks are finally going to be writing to mortgage borrowers stuck on high interest rates (typically SVR) before the end of the year to offer them a better deal ... still in no hurry, then ...
 
I've previously blogged here (with links to earlier posts) about their appalling exploitation of borrowers who were already struggling and more recently I've contributed to the Facebook group 'Mortgage Prisoners UK' - people trapped in unfair deals for any number of reasons.

There are all sorts of excuses the banks have used to try to justify applying higher rates but, given that FCA was usually way behind the ball or at best woolly in its guidance, they got away with it by hiding behind the biggest smokescreen of all - that they couldn't disclose the reasons for their lending decisions because they were "commercially sensitive" - which gave borrowers seeking to complain to the Ombudsman (FOS) no grounds to contest. In the meantime they continued to conveniently misinterpret, ignore or straight out disregard the spirit of the guidance provided and the plight of those they knew they had over a barrel.

Well at last, and largely due to Money Saving Expert's relentless efforts to raise the profile of this issue, we have some sort of tenet admission by the industry that things need to change, but the battle's not even half won. Many of those in the Facebook group - possibly the majority - had their Northern Rock loans taken over by the likes of Landmark / Whistletree, who are likely to slip through the net again because they were companies formed specifically to take over NRAM's loan book, are unregulated and failed to offer new products.  Can you imagine having been a Northern Rock borrower and having the decision about who your new provider would be taken away from you, therefore leaving you exposed to being held to ransom?

And that's still not where it ends - people were put on SVR for many other reasons, including arrears resulting from a change in income.  Suddenly they were a higher risk, so they were put on a higher rate at the next anniversary of their loan - despite the guidance saying that affordability checks shouldn't be applied to existing loans.  And, when they were back in the black, banks like Santander KEPT them on the higher rate for an additional year, to prove they could afford to go back to a lower one!

This is in my view the biggest scandal since PPI mis-selling ... and it's gonna run and run a while yet because nothing has been done to address retrospective complaints made to FOS, who are refusing to re-open those cases because they were ruled on at the time.  Well, if PPI claims could be backdated, and we're receiving clear signals from this most recent announcement that the banks are trying to address their impropriety, affected borrowers should be reimbursed for the difference between what they were asked to pay and any cheaper options that should have been made available to them at the time.

I urge any mortgage prisoners to make as much noise as you can to be compensated for the financial and emotional stress you've been subjected to as a result of this issue.

Thanks also to news organisations who have picked up on this - several of whom who have representatives posting on the Facebook page seeking personal stories to feature in articles. Get yours heard!

Please feel free to comment below - comments are moderated prior to being posted.

4 comments:

  1. https://www.thetimes.co.uk/article/mortgage-prisoners-offered-rate-relief-52jmn5rcq This how HBOS/Lloyds treat vulnerable customers. They deny them switching to a lower rate mortgage being in breach of regulatory rules but nothing happens to the bank. The FCA turn a blind eye and the Financial Ombudsman relies on inaccurate information from the bank to form its decision. what chance does a consumer stand.

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  2. Perhaps a Royal Commision of Enquiry into Banking Practices or the UK equivalent is called for such as we have recently had or are still having here in Australia . Both the Government and the Banks had to be dragged kicking and screaming to this and the initial findings are nothing short of Legalised Bushranging..

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  3. The whole system needs an overhaul - they're assessing affordability using outmoded criteria. They complain of higher governance overheads but, if they'd acted honourably in the first place, tighter regulation wouldn't have been necessary. Unfortunately, they now hide behind that regulation to justify squeezing borrowers wherever they can for not fitting the perfect model.

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  4. Sorry to comment here...but we may have a solution for many stuck in this awful situation. We help families understand how money works, get out of debt (incl Mortgage Debt) safely & quickly and help plan their finances...it’s all free...not selling so please bear with me.

    As part of our mission to help others, we have met, questioned and now work with a legal team, challenging our very own lenders.

    This is more criminal as we have learnt these banksters have already been paid the full mortgage via securitisation! This makes me fee, personally, feel extremely angry. Panorama should and could have sought so much more knowledge and evidence of this via our legal team. We currently have sufficient numbers (but would love to help more) for a number of Group / Clsss actions. Our Legal Team consist of many years of experience in law, finances, loss adjusting and so on. They have a top US law firm handling a number of action (who also succeeded in the US on this very same subject and also two other top London law firms. They now have five barristers, with an 80% chance of a win, based on our legal teams gathering evidence and acting as expert witnesses around the U.K. A successful win could mean a full settlement of your mortgage if it’s been securitised incorrectly.

    Even after the devastating effects of this very thing in 2008, the greed of the banksters still persist!

    Please get in touch if you’d like to know more.

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