levi charge and ppi

stark

Hi there

 

I am in need of some advice please.

I had a mortgage with BOS back in 1998-2008 approx. I contacted the BOS approx 8 yrs back about PPI miselling and received an initial letter saying they were looking into it. Then heard nothing, moved home twice.

I then after hearing nothing I contacted the Financial Ombudsman approx 3 yrs back or so. They took the case up and said initially the BOS could not find my details. Fortunately I kept the old account paperwork.

I supplied this and the process started. The Ombudsman said that the BOS wrote to me saying I had 6 months to write to them, I never received such and I told them this.

Then COVID happened etc and I asked for the case to be reviewed as its most unfair. They wont review it because they say I had one month to respond to their judgement but I cant find any date stipulation. They also refuse to pass it onto a manager to be reviewed as they say I took too long to respond to them. To add insult to injury they apologised for taking 3 months to respond to me after their contact left.

Also the mortgage that I had, I have noticed that since it was a 100% mortgage the bank added some levi onto my mortgage due to some 100% risk? Where do I stand with this one.

Many thanks

[Deleted User]

What is this 'levi' you speak of? 

If FOS agree that BOS correctly processed your complaint, then there's nothing more you need to do.

dunstonh

Then COVID happened etc and I asked for the case to be reviewed as its most unfair. 

Can you clarify why you think the deadline is unfair?

They wont review it because they say I had one month to respond to their judgement but I cant find any date stipulation.

As your complaint is timebarred by BOS, the FOS cannot look at it unless they feel the timebar was incorrectly applied.    The FOS feel the timebar was correctly applied and notified you.  They haven't even looked at the actual complaint. Just the timebar.

They also refuse to pass it onto a manager to be reviewed as they say I took too long to respond to them. To add insult to injury they apologised for taking 3 months to respond to me after their contact left.

You have a window to refer your case to an ombudsman but once that window is closed then its too late.   In a simple case like this, it is highly unlikely an ombudsman would overrule an adjudicator.  That only happens in around 1 in 10 cases and is typically in more complicated cases.

Also the mortgage that I had, I have noticed that since it was a 100% mortgage the bank added some levi onto my mortgage due to some 100% risk? Where do I stand with this one.

You don't stand anywhere.  MIGs (mortgage indemnity guarantee) are allowed and considered normal.   They don't tend to appear much nowadays due to consistent rising prices.  However, they do pop up occasionally when the housing market is considered to be at risk of falls.

stark

The MIG was applied to my mortgage, I never was asked about this. The FOS decision was based purely on the BOS stating that they sent me a letter with a 6 month to contact the FOS. As I never received such a letter and they cant prove that I did then the simple question is why would I then contact the FOS? Makes no sense. I only contacted them because I had not received a definitive letter from the BOS. The BOS told endless mistruths to the FOS until I found years old paperwork.

dunstonh

The MIG was applied to my mortgage, I never was asked about this. 

Why would you be asked about it?  It isn't optional.    If you wanted the mortgage with them, then those were their terms.  You agreed their terms and your conveyancer would have confirmed those with you before you signed the offer letter.

he FOS decision was based purely on the BOS stating that they sent me a letter with a 6 month to contact the FOS. As I never received such a letter and they cant prove that I did then the simple question is why would I then contact the FOS?

If the address was correct, then the law assumes you get the post that is sent to you.  The FOS would not overrule it on your claim you didn't receive it unless the address was wrong.     People do contact the FOS late.  It happens.  

The BOS told endless mistruths to the FOS until I found years old paperwork.

You said they couldn't find any records.  That is not unreasonable with 1998 sale as you are looking at a standalone product (not built into the mortgage).  That means no data would be retained against the mortgage account specifically.   It pre-dates regulation of insurance.  So, records of application would not be filed in the same way they would be for post 2005 cases (when regulation started).   So, it is very common for these records to be filed in a non-standardised filing system that requires additional information to locate the files.

On the plus side, the majority of MPPI complaints fail.  So, even if they considered your complaint, the statistically likely outcome would be a rejection.

brettcta

They don’t need to prove you received it, only that they sent it, it doesn’t work like that. 

When you moved home twice, did you keep BOS informed both times?

’telling endless mistruths’ is a serious allegation, you’re accusing BOS of intentionally telling lies to the FOS until you provided paperwork. I presume you would be able to factually back these allegations up in court? Or is it more a case that they disposed of your account details in line with FSA/FCA guidance given your mortgage ended in 2008 and relied on you providing information to substantiate your complaint?

you’re on a hiding to nothing here, BOS have the upper hand, it’s time to accept defeat and move on with your life. trust me, you’ll be happier for it.

stark

so based on your assessment if i sent the FOS a letter within 6 months they never got then they would accept my side, utter nonsense. Regarding address, as my current account linked then they would have address, that said many mail packages went awol due to local postie being convicted of 5000 letters theft. Maybe ask him if he got our letter as we live in a small village. Probably get more truth from him than the BOS in any case. 

stark

& regarding MIG should have been asked if you want to pay it upfront or add to the mortgage to avoid interest!

dunstonh

so based on your assessment if i sent the FOS a letter within 6 months they never got then they would accept my side, utter nonsense. 

I suggest you look up English law on this before calling it utter nonsense.

& regarding MIG should have been asked if you want to pay it upfront or add to the mortgage to avoid interest!

You are given that option and your conveyancer/solicitor should have mentioned it.  If you used a mortgage broker, they would have mentioned it to but bank clerks themselves did mortgages on a non-advised basis.  They just took your instructions and asked you to pick where options did exist.     So, you would have been given the option.  But even if you were not, it wouldn't matter.  Mortgages were not regulated until October 2004 and you cannot prove you were not given the choice and the onus is on you.

brettcta

stark said:

so based on your assessment if i sent the FOS a letter within 6 months they never got then they would accept my side, utter nonsense. Regarding address, as my current account linked then they would have address, that said many mail packages went awol due to local postie being convicted of 5000 letters theft. Maybe ask him if he got our letter as we live in a small village. Probably get more truth from him than the BOS in any case. 

It’s a legal issue rather than my assessment but yes, if you could evidence you sent it within 6 months, FOS would be inclined to accept it.

re updating your address, PPI depts wouldn’t necessarily use the same systems as customer services and unless you specifically tell the complaints dept, they may not know, especially if they’re not looking for an address update. 

Where I’ve worked previously it required addresses to be updated on any one of 4 systems depending on what products you held and with which subsidiaries you held them with.

[Deleted User]

stark said:

so based on your assessment if i sent the FOS a letter within 6 months they never got then they would accept my side, utter nonsense. Regarding address, as my current account linked then they would have address, that said many mail packages went awol due to local postie being convicted of 5000 letters theft. Maybe ask him if he got our letter as we live in a small village. Probably get more truth from him than the BOS in any case. 

A letter sent with Royal Mail is legally considered as delivered on the second business day per the UK Court's Service of Documents rule 6.14 (see) so long as it is sent first class (per rule 7.5(1)). With proof of postage (free at the PO) then yes, that would be accepted as proof.

If you think logically, if they have to prove you received it, you could argue forever that you hadn't got anything just by pretending you had never had the letter that was sat in front of you, short of them filming themselves handing it to you in person.