Mortgage security breach - need to file a complaint

louspoon

Hi,

My ex partner and I have a joint mortgage and we divorced a couple of years ago.

The house was sorted out under a Meshr order via a consent order of our divorce and we have a number of trigger clauses that can evoke a sale. That's not the issue but it's just to give context that we are sorted and have declared this to the mortgage company. We have had our file flagged as being a divorced couple and we get mail sent to separate addresses and she can't do something without my say so and vice versa....until now... 

We have two elements of our mortgage. The old % deal on the main loan ran out last year in which I had to sign documents to confirm a new rate. The product on the smaller loan is up for renewal as the mortgage co had told me by post twice. I was expecting some comms from the ex to go through a new deal...nothing...I then get a letter to say thanks for renewing your product and the transfer will take place on 3rd October. What product, how much, how long?? News to me!!

Here's the crunch...My ex wife managed renewed our product for the smaller loan online without my consent, seems as if as there was a loop hole for her to sign on my behalf. It was a case of her ticking a box or having a Docusign which was deemed as a signature for us both even though I didn't know about, or signed it or seen it, I have been told the online system is not made for scenarios just like ours.

So essentially this means that, knowingly/unknowingly, she has committed fraud and they have accepted a tick box as a dual signature.

I have spoken to the mortgage co who have admitted this is a massive floor in the system and as you can imagine that relaying this back to the ex-wife has meant that our conversation got heated which has now lead to her blocking me for all comms and now any effort of seeing my kids is going to be even more strained than it already is. I feel so angry more so at the mortgage company for allowing this to happen. It's not my fault, I never asked this to happen. 

They advised that for future purposes they will ensure the account cannot access online applications and all applications have to be made over the telephone or post thus requiring dual signatures. They have admitted that I have discovered something which is a revelation and is partially on them, however my ex wife has technically committed fraud. 

I need to write to them to make a complaint because this is outrageous and I'm just after some pointers of an example of what I need to say. I'm so mad that if I wrote something now it would end up in just rambling and not making sense so if anyone has any helpful way of getting my disdain across would be most helpful. Thanks for you time.

k3lvc

So is she still living in the old marital home and you've (jointly) maintained the mortgage over the intervening period (how long ?)

Would you have actually done anything differently in terms of the renewal ? Can't imagine given the circumstances that other mortgage companies would be throwing themselves at you to offer better deals 

What are you looking for ? Getting your disdain across and sharing your outrage isn't going to achieve anything to mend your relationship and any financial compo isn't likely to have a significant effect. Sometimes in complicated situations !!!!!! happens - if it's likely to recur then put a note in your diary and be pre-emptive next time

silvercar

If the transfer isn’t due to take place until October, the lender should be able to undo the transaction and put you back in the place you were before it took place. The financial situation therefore hasn’t resulted in a loss. By all means complain and they can examine their systems and improve procedures. 

As for your personal situation, presumably your ex did this to put you both on the best deal, rather than any malicious plans to make you pay more than necessary. I can see that it has caused you grief, but you may need to take a step back. It wasn’t that she set out to defraud you. The lender systems allowed her to sign up for a better rate and she did that. 

ACG

Is it fraud? If she has just ticked a box that says something like "do you agree to the new terms", she has not committed fraud. 
If it asks whether both parties are happy with the mortgage then yes arguably she has. 

You have a relationship which is clearly difficult. Your ex presumably is not stupid and has chosen this deal as its better than the alternative and it was probably easier to just switch the product rather than spending a few days or a week going back and forth (which arguably could have resulted in higher rates in the current climate). 

Was this a fight you really needed to pick? Morally and legally you might be right, but if your ex is trying to save a few quid and there is no real detriment to you did you need to kick up a fuss? 

user1977

ACG said:

Is it fraud? If she has just ticked a box that says something like "do you agree to the new terms", she has not committed fraud. 
If it asks whether both parties are happy with the mortgage then yes arguably she has. 

Wouldn't fraud require there to be some sort of financial detriment to the OP (or the lender)? And also an element of criminal intent. I can't see that it even gets close to being fraud.