Abbey - mistake or discrimination?

dunstonh

That company is an indipendent mortgage broker operating within Openwork. They are mortgage brokers. Fact is that they are operating within all financial products as well.

Open work are not independent. They are multi-tied sales reps. If they told you they are independent then they have misrepresented their position and basically committed fraud in getting you to use their services. Even the openwork website says "Openwork is already the UK’s fastest growing multi-tied mortgage and financial advice network."

Not that the claim of being the fastest growing multi-tie is something to be proud of from a consumer point of view.

At the end of a day we should be treated as British subjects. Otherwise it is a possible discrimination against EU Regulations. Is it not?

They can choose who they can and cannot lend to at the end of the day. Discrimination can be a cause for complaint in some areas but if their lending criteria is such you fall the wrong side of it then its not a case of discrimination but a commercial decision. The FOS will throw the case out as it cannot rule on commercial decisions.

Question is why they did say that we are non EEA, and then demanded Residency Permits from us which is not a legal requirement in this country.

Ask them, via the broker.

This is what you pay the broker for. If they are not doing the work then why are you using them.

betmunch

Isnt this something to do with Poland joining the EEA late, as an assencion state or something?

Either way, there are plenty of other lenders to look at

bmunky7

Seems like you have been discriminated against, but at same time given how long its all dragged out surely you should just look elsewhere for the mortgage and take the £100.

No point in cutting your nose off to spite your face!

Wutang_2

bmunky7 wrote: »

Seems like you have been discriminated against,

Me too - I tried buying some trainers from the furniture store and they said no. Can i sue?

morg_monster

betmunch - once a polish citizen has been registered for 12 months on the worker registration scheme, they are equivalent to any other EEA national in terms of right to reside in the UK.

It does seem unfair that Abbey have requested something - eg a proof of residency - which you are unable to provide because it doesn't exist; your dates of registration with the WRS is proof of your right to reside. it seems they misunderstand the rules regarding polish citizens or are being purposely awkward to make it sound like you don't fit their criteria - but again the FOS may not be able to deal with this. Do you know any other polish citizens who HAVE got a mortgage through abbey, as that would a way to show that abbey were unfair to you and that it was one person's misunderstanding of the EEA situation which caused the rejection, rather than a company-wide policy.

I agree with the poster above, I would take the £100 and start afresh, sounds like you aren't going to get anywhere with this and do you really want to expend more effort on it?

Leon_W

I have the utmost sympathy for the Original Poster.

I have gone through the very same arguments as morg_monster outlines above.

As far as I am aware, if you have been here for 12 months and you've been registered on the workers scheme you automatically have PERMANENT right to reside. The trouble is that Abbey want PROOF of this and, as I pointed out to them, how can you prove such a thing when none is required ? The answer was that a letter or some sort of visa paperwork was required from the home office. On enquiring with the relevant departments I found that such confirmation paperwork was available but my client had to go to London, pay an inevitable extortionate fee and the whole process could take 4 months. This was just to prove something that was my clients rights in law where no such proof is required (by law).

Unfortunately I didn't have the time to argue with them and just placed the case with C&G (from memory) but I honestly hold the belief that this quirk in Abbeys lending policy is descriminatory.

All the best.

hostman

Wutang wrote: »

Me too - I tried buying some trainers from the furniture store and they said no. Can i sue?

You probably could, yes.

Someone from Poland with a fistful of notes is the same as a Brit with a fistful of notes.

PolishBigSpender

Adamschi wrote: »

At the end of a day we should be treated as British subjects. Otherwise it is a possible discrimination against EU Regulations. Is it not?

Question is why they did say that we are non EEA, and then demanded Residency Permits from us which is not a legal requirement in this country.

They are quite within their rights to demand the EU resident permit from you. In fact, I suspect that some wires have been crossed, but that you haven't supplied them with the relevant EU residence permit - which, although it isn't a requirement to hold one if you're non-British EU- they're still entitled to demand that you hold one before you can be treated on the same basis as a British citizen.

In fact, the EU residence permit effectively is a piece of paper which confirms your right to exercise your Treaty rights - and without this piece of paper, you theoretically do not have any proof of your right to Treaty rights. This is what Abbey will have been asking for -

In Poland, you won't get credit without the 5 year residence permit granted to EU nationals. Abbey are simply doing exactly what every single bank in Poland will do - they want to see your right of residence in the UK.

http://ukba.homeoffice.gov.uk/eucitizens/applyingundereuropeanlaw/

From the above link -

A registration certificate is a document, issued to EEA or Swiss nationals, that confirms their right of residence under European law. You do not need to have a registration certificate to enter, live in or work in the United Kingdom.

As I've said above - the registration certificate is proof of your right to residence under European law.