Please help my bank have let me down

csgohan4

AnotherJoe wrote: »

Well it's got paragraphs, but succinct it isn't.

I'm going to focus on your final paragraph where you say "Not respecting us by not refunding us that money on two occasions when we were told it would be refunded has just been the final straw."

So,what proof do you have that these promises were made. Would they be in telephone recordings or emails or letters? If so you can boil it down to that "you wrote to me on X date saying you would refund me £4022 and confirmed that in a telephone call on Y date and as a result of that I took certain actions, now you are refusing to make those refunds"

Never spend what you don't physically have

AnotherJoe

csgohan4 wrote: »

Never spend what you don't physically have

I think (emphasis on think) is that the OPs complaint is they were "ambushed" just before completion with an unexpected payment they had no alternative but to pay.

hcb42

Isn't this always the case when porting...?

I cannot see that the bank have done anything wrong.

Cornucopia

The OP is upset that they went into this expecting to get good quality, unbiased advice from Barclays and they are concerned that the evidence suggests that that was not true.

It's very tricky in a situation like this, where a good friend, solicitor or IFA might well have given you substantially better advice than Barclays. The other key issue is whether important facts that you relied upon were provided to you in writing. It's all too easy for someone in a Bank to make verbal assurances, but it it's not in writing then (a) you can't see all the caviats that might go with it, and (b) they might withdraw it, or claim that a genuine mistake had been made.

Porting is almost always tricky for a number of reasons, and the best advice you could have received was that if you were close to the 2 year term, you should have waited.

I don't think you have any basis for a claim unless, as suggested above, you have cast-iron evidence that an offer of cash/refund was made, that was subsequently withdrawn without good reason. There's nothing to stop you pursuing it on a "trying it on" basis, though.

Other than that kind of general commentary, I'm not sure what the OP wants from us.

Kezziehodierne

Waiting wasn't an option we were being targeted by an arsonist who had already set 4 cars on fire every night we were there was another opportunity for that. Fortunately all of my conversations were dealt with via email so I do have proof, and I appreciate portering can be tricky, but you surely can't agree that it is fair for them to say we had 6 months to do it, then a month, then that it had to be a simultaneous transaction? We nearly lost our house or money because they couldn't decide which it was. And as a result they got £1000 from us to set up a mortgage product because we had no choice. I'm going to complain anyway even just to stop that rubbish advice been given again.

pathtofreedom

It does sound a tricky situation, so did you end up with the ported mortgage and a second mortgage in the end? Or a whole different mortgage? That's the part that I can't quite make out from your posts.

I have just done a port with a second mortgage, which had a 2 week gap between the two. It will take another 28 days for my early repayment charge to be refunded. This isn't with barclays though mind.

If you have all of this on email, I think you'll just need to go through all your documents, for your old and new mortgages, see what the terms are for the ERC. Then match that up with what was also said on these emails. Did you do none of this by phone as well? When I applied for my port / mortgage it took about 4 hours worth of phone calls for the application, so I'm surprised none of this was over the phone or in person?

If it was partly over the phone, could you request the recordings of the phone calls?

I'd leave out all the mention of the arson etc, it is irrelevant to you complaint, although obviously it is relevant to you personally. You just need to deal with the facts of what you wanted.

So you sold one house and wanted to port the mortgage to avoid the ERC to a new home, the fact it now needs more work than you first realised is irrelevant too really to your complaint. So when they first approved your application was this for the port only? Why did they then get you to apply for a different mortgage, was this the second mortgage part for extra money? If it wasn't, then I'd have been asking at this point again about the fact it was a port and not a new mortgage, as you'd have to pay the charge.

busybee100

Well I would be jumping at the treatment you've had from your mortgage advisor. You were making life changing decisions based on the information you were given.

The first mortgage advisor was a Barclays employee?

You probably want your refund immediately but your official complaint should start with the first lot of advice. I would aim to get my money back as swiftly as possible and compose a detailed letter to submit later.

Cornucopia

Kezziehodierne wrote: »

Waiting wasn't an option we were being targeted by an arsonist who had already set 4 cars on fire every night we were there was another opportunity for that.

I understand why you were motivated, but moving house is quite a dramatic step. Couldn't the Police do anything?

Fortunately all of my conversations were dealt with via email so I do have proof,

This will definitely help.

and I appreciate portering can be tricky, but you surely can't agree that it is fair for them to say we had 6 months to do it, then a month, then that it had to be a simultaneous transaction? We nearly lost our house or money because they couldn't decide which it was. And as a result they got £1000 from us to set up a mortgage product because we had no choice. I'm going to complain anyway even just to stop that rubbish advice been given again.

I suspect you may find that the time limits are not mutually exclusive, and apply to different situations: normally you port a mortgage using a simultaneous sale and purchase. Exceptionally, you could rent for up to 6 months between completing on the sale and subsequently completing on the purchase. It's not entirely clear how you were expecting the 6-months port to work.

BTW, it's "porting" not "portering".

Kezziehodierne

Well we were just portering the full mortgage from the old house to the new, no second mortgage. They originally said as long as we bought and sold in 6 months that was fine, then they said it had to be a month, then they said it had to be the same day which they didn't tell me until I had already completed on my old house, therefore I couldn't porter anymore. The portering application was in person but all subsequent emails where I made them clarify several times that what they were telling me was correct. The only reason I had made reference to the arson is so that people don't say well you should of stayed because obviously that would have been the best financial option. It was more the fact that we were trapped having sold one house and being a week away from buying our next, it was like take this mortgage or lose your thousands and your house.

Kezziehodierne

Cornucopia you understand that I was motivated? You think I didn't try the police? I wasn't motivated, I was terrified, he set four cars on fire directly outside our home and completely destroyed them at great financial loss to us and great personal worry. The police and fire brigade were extremely worried for our safety so imagine how we felt. Would you have personally waited till he had put something on fire through your letter box? Thanks we were told that we could port the mortgage with 6 months, I am not a mortgage advisor, and when a mortgage advisor from a big bank like
Barclays tells me that is how it works I believe them