Letter to Mortgage Company

[Lawrence]

Hi Boothstowndave, thanks for the response. My situation seems to be different than everyone else's? My property in dispute is a property with a buy-to-let mortgage (TMB is the gangster). I just received a letter today from a solicitor informing me that their client TMB has just instructed them to appoint a receiver and have done so. I am not entitled to collect any further rents.

I am a bit confused as I did't think they could or would do anything until the Financial Ombudsman made some sort of decision. I don't even seem to have any way of defending myself in anyway as the rug seems to have been ripped out from beneath me. I tried to call the FO this afternoon, but the person handling my case had gone for the day, so have to wait until Monday to speak to them (sure puts a damper on the weekend).
Lawrence

[samoo7]

Hi Boothstowndave, thanks for the response. My situation seems to be different than everyone else's? My property in dispute is a property with a buy-to-let mortgage (TMB is the gangster). I just received a letter today from a solicitor informing me that their client TMB has just instructed them to appoint a receiver and have done so. I am not entitled to collect any further rents.

I am a bit confused as I did't think they could or would do anything until the Financial Ombudsman made some sort of decision. I don't even seem to have any way of defending myself in anyway as the rug seems to have been ripped out from beneath me. I tried to call the FO this afternoon, but the person handling my case had gone for the day, so have to wait until Monday to speak to them (sure puts a damper on the weekend).
Lawrence

Look at the Official Offer it might buy you more time while you deal with your other queries..

[Lawrence]

Hi Samoo7, looks like it may be late to invoke the use of the Official Offer if the property has been truly taken over by a Receiver. I won't be able to confirm this situation until Monday. If this is confirmed, then I won't be making any more payments as it is too late?
Lawrence

[Lawrence]

Hi Samoo7, looks like it may be late to invoke the use of the Official Offer if the property has been truly taken over by a Receiver. I won't be able to confirm this situation until Monday. If this is confirmed, then I won't be making any more payments as it is too late?
Lawrence

After contacting the Financial Ombudsman Monday I have since found out that the matter has been put on hold until after the Adjudicator makes a recommendation. This buys me a bit of time, but may give me at least a chance to try and negotiate with the Lender, which I haven't been able to up to this point. The Financial Ombudsman may be toothless in practice, but they can buy you a bit of time.
Lawrence

[Jordie2012]

5. Would you kindly forward me a legally certified copy of the “Terms and Conditions” under which this Loan was made and held to be in force at the time of its origination? Any reasonable expenses incurred by your institution will, of course, be recompensed swiftly.

Will be interesting to see what response I get. I sent the letter Recorded Deliver to the CEO.[/quote]

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I just received a letter today from my BS telling me that they cant find a copy of the terms and conditions of the original agreement and they are very apologetic about this. Any comments please ........

regards Jordie

[ceylon]

no because they sold them along with the agreement

[Lawrence]

Hi Samoo7, looks like it may be late to invoke the use of the Official Offer if the property has been truly taken over by a Receiver. I won't be able to confirm this situation until Monday. If this is confirmed, then I won't be making any more payments as it is too late?
Lawrence

After contacting the Financial Ombudsman Monday I have since found out that the matter has been put on hold until after the Adjudicator makes a recommendation. This buys me a bit of time, but may give me at least a chance to try and negotiate with the Lender, which I haven't been able to up to this point. The Financial Ombudsman may be toothless in practice, but they can buy you a bit of time.
Lawrence

The Financial Ombudsman, still working on their report, so haven't heard anything more. As mentioned previously, I requested that TMB (The Mortgage Business) provide me with copies of everything they hold about me (sent the letter to the CEO). Received a letter yesterday (from the TMB Data Subject Access Request Team) asking me to send them £10 to cover the cost of the request, so I will send this off today and see what they actually come up with.

[Lawrence]

Oops, spoke to soon, just found out that TMB and their Receivers are at the door of my property (its currently being used as a holiday let). I thought that the Financial Ombudsman had managed to hold them off until their investigation on my complaint had been completed. Somethings is not right, but can't get hold of the FO until after 2:30 today, so hopefully we can sort this out today!

[Lawrence]

After a bit of sluething I found out that again it was a mis-communication or lack of communication between the Mortgage Lender TMB their Solicitor and the Receiver. What really burns me up is that should no one had been at the property, the locks would have been changed!

Another problem arose from this farce is that the letting agent that I use for the holiday lets called the receiver (guess the holiday maker must have told the letting agent the name of the receiver). Based on what the Receiver told the agent, the agency has blocked out all unbooked weeks on their website for my property and will not take on any more bookings until the matter is resolved.

It would seem to me that somewhere along the line, information was given without my permission, which I understand is against the Data Protection Laws. Not sure how or if I should pursue this matter, but it looks like I might have a legitimate grievance with the Receiver and the letting agent? Anyone know much about pursuing data protection breaches?

[marika41]

hi,i am having problems with my mortgage too,until i can research more about fighting the consideration on excessive interest charged so far, which is the route i am thinking of going,i have made them an official offer to pay £50 pm on my mortgage,they want £850pm which i do not have,that was 3 months ago they cashed my first cheque without contacting me so they have accepted my offer now, if what i understand so far about contract law is correct? am i correct in this anyone? i am due to send my 3rd cheque in a couple of weeks and have still not heard from them though i am sure i will receive a threatening letter soon,this is giving me some breathing space until i know for sure how to proceed