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Change to mortgage T&Cs

Northern Rock have changed their borrowback terms and conditions.

Before, if you paid by cash, electronic transfer, debit card, cheque, you could simply phone up and ask for any overpaid funds to be sent electronically to your bank account.

Now, you are required to make the request in writing, with the signatures of both mortgage holders (for joint mortgages).

I've enjoyed the hastle free phone method for over a year, and have not been notified in advance that things would change.

I am considering taking Northern Rock all the way to the Ombudsman, because I believe that NR have altered the terms and conditions of my mortgage. The method (phone or writing) of borrowback is not clearly defined in my written original terms and conditions, however as I have transacted this way with NR over a long period of time, this is an assumed condition. In a similar way that if your employer changes your terms of employment, and you do not object, then your acceptance of the unwritten terms is assumed as having been accepted.

Any Lawyers here? Am I talking rubbish?

Thank you!

Comments

  • silvercar
    silvercar Posts: 49,799 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I don't know if payment methods are part of the terms and conditions.

    For example, if your lender changed from a geographical number to an 0870 number, could you say that is a change that costs you money and so is a breach? I doubt it.

    If your lender moved offices and previously you visited on foot and now you need to post, is that a change? Probably not.

    Increasing security (which this does) won't be considered a change in terms.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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