Engage Credit - Mis Sold Mortgage - Mortgage Audit Bureau

brunty248

Where do I start, had an interest only mortgage since 2007. The mortgage is between my aunt (who is about to turn 90, and still has 7 years left on this mortgage) and myself.  I have had a company called the Mortgage Audit Bureau looking at my mis sold claim (had it going since 2010) they put me in touch with a solicitor called Seth Law, who produced a ten page mortgage audit which they and I sent to Engage Credit to answer. Engage Credit refuse to answer the questions asked and produce the information that was requested.
Seth Law have now abandoned my claim, just seen the Mortgage Audit Bureau has gone and I am left with a mis selling claim that has took me over 10 years to get here.
I have taken it to the financial ombudsman in 2013, who at first ruled for me, then another ombudsman overruled it, it is now back again with the ombudsman complaining about the mortgage company not answering this ten page audit.
Has anyone else has problems with any of these companies or can anyone advise me where to go next.  I will not let this go while I am still breathing.

MeteredOut

I think you'll need to give more details. On what basis is the mis-sold claim? On what basis did the ombudsman find in your favour, and then change their mind? What did Seth Law say about the validity of your claim?

Hate to say it, but initial reading makes it sound like others do not believe there is a valid claim here.

brunty248

The original adjudicator asked for the evidence from the broker for affordability; they had a date to produce this information, and if they couldn't, she was awarding the claim to me.  Also, she worked out that there were mortgages I could have taken that were on a repayment scheme for less than the interest-only mortgage I was given.
Affordability was the main issue; checks needed to be taken out as required. 
The 2nd ombudsman overruled by looking at a credit report that said I was in debt at the time of the mortgage; the mortgage was taken out in 2007, and the credit report he referred to was from 2010, but he stuck with it.
I went from the ombudsman in 2013 (the ombudsman granted limitation) to 2016 when  I got the final result from the ombudsperson service; they advised me to take it to court within three years (2019). I then spoke and got taken on by the Mortgage Audit Bureau in 2018, who put me in touch with a solicitor who, before I could sign up, went bust in 2021. I was put in touch with Seth Law Solicitors, who took on my case in January 2022 and had an expert witness produce a ten-page mortgage audit of my mortgage with numerous questions and queries that were put to my current mortgage holder for answers and evidence to be made. My mortgage company refused to answer any questions (I am still trying now to get these answered as this evidence would prove my mis-spelling just as the adjudicator requested information back in 2015), and also asked the ombudsman to look into a complaint as to why they won't answer these damming questions and produce the evidence that should be in my mortgage file.
I can produce much more information if you need me to. The mortgage audit from the solicitors showed that the mortgage company was around £23,000 overcharged in fee and also the whole mis-spelling claim was worth around £158,000 

brunty248

There is a lot of written proof that I have from over the years and a lot more depth to go into but was just putting out feelers to see if anyone else had problems like this.

brunty248

My original mortgage was with Mortgages 1 PLC, the broker was HL Partnership Ltd, and the current holder of my mortgage is Engage Credit are Pepper Group
The broker to whom the original adjudicator wrote was HL Partnership, and they are still going to this day. 

born_again

Looks like Seth Law are being wound up.

https://www.thegazette.co.uk/notice/4457328

 Mortgage Audit Bureau looks to have ceased trading & appears claims now handled by
https://financialclaims.com/

As to ombudsman 1st decision is made by a case handler. Then it sounds like mortgage co did not agree & it went to ombudsman who then ruled in their favour.

https://www.financial-ombudsman.org.uk/who-we-are/make-decisions

brunty248

Thank you for the Seth Law information, that now makes sense
Yes I did see that by Mortgage Audit Bureau but I emailed financial claims and it came back as not the right email address
Yes I understand about the ombudsman, but just wanted to know about what to do with this mortgage audit that shows so many mistakes made on my mortgage. I gather it was done by an expert witness who is no longer with Seth Law (Maybe not been paid). Can I complain anywhere about Seth Law before they go as they took my case on nearly two years ago now.

born_again

https://www.sra.org.uk/consumers/register/organisation/?sraNumber=565664

Although if they have provided the info, not sure what basis you would have for a complaint.

Where you go from there no idea. Given the number of companies that have ceased trading. So when another company takes over the original mortgage, do you have recourse against them for the mortgages they bought off the collapsed co's?

Is this the same as your posts in this thread

https://forums.moneysavingexpert.com/discussion/comment/47162711/#Comment_47162711

brunty248

Yes same one still fighting 
Thank you

brunty248

Its just that Seth Law has said there expert witness has abandoned them and they then went on to work out my claim from the expert witness one of £23,000 to me owing the mortgage company £3,000. This was worked out apparently by a Seth Law solicitor against an expert witness. So this is how they have said they can not work for me any longer but if they are going under then that explains why they have suddenly dropped me.  I am in the possess of asking for my SAR on my file, taken me over a month already and they emailed today to say its being posted today. I am not holding my breath.

Wonka_2

 brunty248 said:

The original adjudicator asked for the evidence from the broker for affordability; they had a date to produce this information, and if they couldn't, she was awarding the claim to me.  Also, she worked out that there were mortgages I could have taken that were on a repayment scheme for less than the interest-only mortgage I was given.
Affordability was the main issue; checks needed to be taken out as required. 
The 2nd ombudsman overruled by looking at a credit report that said I was in debt at the time of the mortgage; the mortgage was taken out in 2007, and the credit report he referred to was from 2010, but he stuck with it.
I went from the ombudsman in 2013 (the ombudsman granted limitation) to 2016 when  I got the final result from the ombudsperson service; they advised me to take it to court within three years (2019). I then spoke and got taken on by the Mortgage Audit Bureau in 2018, who put me in touch with a solicitor who, before I could sign up, went bust in 2021. I was put in touch with Seth Law Solicitors, who took on my case in January 2022 and had an expert witness produce a ten-page mortgage audit of my mortgage with numerous questions and queries that were put to my current mortgage holder for answers and evidence to be made. My mortgage company refused to answer any questions (I am still trying now to get these answered as this evidence would prove my mis-spelling just as the adjudicator requested information back in 2015), and also asked the ombudsman to look into a complaint as to why they won't answer these damming questions and produce the evidence that should be in my mortgage file.
I can produce much more information if you need me to. The mortgage audit from the solicitors showed that the mortgage company was around £23,000 overcharged in fee and also the whole mis-spelling claim was worth around £158,000 

Unlikely that anyone can retrospectively suggest that you would have been accepted for any of those even if they were advertised

Your previous posts suggest a number of issues post-2007 with the mortgage being passed between multiple companies and now you're adding more complaints companies into the mix and potentially throwing more money at something that appears far from certain to have any success.

What's the current status of the mortgage ? Up to date or in arrears ? And is there a plan in place for the property when it comes to an end ?