Complaint letter template to mortgage lenders and the Financial Ombudsman Service

by Mark Alexander

12:08 PM, 25th September 2013
About 5 years ago

Complaint letter template to mortgage lenders and the Financial Ombudsman Service

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Complaint letter template to mortgage lenders and the Financial Ombudsman Service

Are you affected by increases in your tracker mortgage interest rate margins?

Do you wish to make a formal complaint?

We have produced the following letter template to make it easier for you to complain to your mortgage lender and the Financial Ombudsman Service.

Note that it costs the mortgage lender a lot of money when you complain to the Financial Ombudsman but it costs you nothing.

In the first instance you should put your complaint in writing to your mortgage lender. We also recommend that you copy your letter to the Financial Ombudsman Service. If you are not satisfied with the response from your mortgage lender then you can open a formal complaint with the Financial Ombudsman Service. Their complaints procedure is HERE

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Complaint letter template to your mortgage lender and the Financial Ombudsman Service

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Your name

Your address

Your Postcode

Your mortgage lender name

Address

Postcode

 

Dear Sirs

Mortgage Account Number: _______________________

I wish to raise an official complaint in respect of your treatment of my mortgage account on the basis that I do not believe that I have been treated fairly.

My understanding of the basis of this mortgage was that the rate would only ever vary when the base rate changed. You now seem to be telling me that you are able to adjust the tracker rate margin too. Had I known about this I would have chosen another mortgage product/lender.

I have been mislead by your financial promotions and do not believe they meet the Financial Conduct Authority (previously the Financial Services Authority)  principles of needing to be clear, fair and not misleading.

I have also been advised of case law which supports the requirement for important conditions to be made clear and obvious in contracts. That was definitely not the case in the mortgage documentation which you issued to me.

I have copied this letter to the Financial Ombudsman Service to put them on notice that I will be escalating my complaint to them if I am not satisfied with your response. I understand that I am one of many thousands of affected customers and I will do all that I can to encourage as many as possible to fight you on this issue should you continue to be unreasonable.

I am also supporting a Class Action group which intends to combine resources and take a test case to formal litigation if required. In this regard, please send me copies of the following documentation:-

  1. your mortgage offer letter to me and my signed acceptance
  2. the mortgage deed relating to my account
  3. your mortgage conditions booklet relevant to my mortgage

I await your response.

Your faithfully

 

Your Name

copy to The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR

————————————————————————— Complaint letter template to mortgage lenders and the Financial Ombudsman Service

If you have found this helpful please CLICK HERE

 



Comments

Denise G

13:31 PM, 25th September 2013
About 5 years ago

perfect - thank you so much (now we have a little bit of our weekend back)

chris

10:32 AM, 28th September 2013
About 5 years ago

I hope we as Landlords we stand as one and fight this unjust all the way if necessary. I for sure will not bend over and give in.

Anita Bradshaw

14:39 PM, 3rd October 2013
About 5 years ago

Thank you. I will be using your template letter to send to West Brom today! As an ex mortgage broker I am stunned that they can even attempt to do this!!

Mark Alexander

14:53 PM, 3rd October 2013
About 5 years ago

Reply to the comment left by "Anita Bradshaw" at "03/10/2013 - 14:39":

Hi Anita

Have you signed up to the Class action yet?

If not please see >>> http://www.property118.com/west-brom-building-society-to-increase-btl-tracker-margins-by-2/43657/
.

Alfington

15:17 PM, 17th October 2013
About 5 years ago

Financial Ombudsman.

I have just spoken to the Financial Ombudsman Service (FOS) and am very happy to report that they are logging complaints in this matter and have taken my details, issued me with a reference number and will be sending me a form to detail my complaint.
In my discussion with them I said that I realised that my mortgage was not a product they regulate but that I understood that they were taking an interest in the matter in the grounds of fairness.
The (very helpful) member of staff told said the following (and I quote in general terms, not verbatim),
"This is a new thing for us and has just been brought to our attention"
"The Ombudsman Service appreciates that this action by lenders is causing a lot of problems"
"The Ombudsman Service feels that the West Bromwich is in breach of the Mortgage Conditions"
Obviously if the part about the Ombudsman Service thinking that the West Bromwich were in breach of their conditions this would be a great help to all of us.
The FOS then took my mortgage account numbers and the reference from the letter that the West Bromwich send me rejecting my complaint. (You will need to have had your complaint rejected before the FOS can help you).
The FOS are therefore sending me a form upon which to provide them with more details.
Please then, everyone reading this thread, CALL THE FOS. (On 0300 123 9 123 or 0800 023 4567). The option button you want is 2. Tell them you want to make a complaint. The more of us do this, the more seriously they will take it.
"

Mark Alexander

16:22 PM, 17th October 2013
About 5 years ago

Reply to the comment left by "Stewart Jackson" at "17/10/2013 - 15:17":

Hi Stewart

I'm sure your advice is well intentioned but this is NOT what we recommend.

We suggest waiting for Councils opinion (expected back mid Nov) at which point our solicitor, Justin Selig will provide the FOS forms pre-completed for us all to submit with our legal arguments.

In the meantime, send your mortgage lender the letter above, cc to the FOS to put them on notice of a complaint. They will still send you a reference number and log your complaint when you do this. Drafting your own complaint could cause inconsistencies in legal arguments to your detriment.
.
.

A SAL

15:43 PM, 24th October 2013
About 5 years ago

Reply to the comment left by "Mark Alexander" at "03/10/2013 - 14:53":

hi
i m about to send comlaint letter to fos after receiving final response from boi, but not sure what to state on the letter and wondering if anyone could help.

Denise G

15:51 PM, 24th October 2013
About 5 years ago

see above - we have 6 months to respond to FOS and should wait for Justin's advice as to what to write in that formal complaint


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