Mortgage Complaint - Private recording, can I share transcript and/or audio with the FOS?

plays

Hi,

Long-standing mortgage complaint currently with the FOS where the initial adjudicator rule in my favour but the ombudsman has not upheld my case but I have one final opportunity to submit new evidence.

As someone who has worked in finance for over 13 years, albeit, in a different industry I felt I had a very strong case but it hinged on the deadline in securing the rate which I requested the broker to do by paying the product fee however he was insistent to continuing with a full mortgage application which overran the deadline of 5pm and for which he submitted the following day.

They didn't record calls nor have any emails where I supposedly requested to pay the product fee as part of my mortgage yet the ombudsman has clearly copied and pasted the broker's version of events and claims I must have done this at the DIP stage on a recording that doesn't exist - where the product fee isn't even part of the process   

I am of the belief that the broker has withheld important system notes, as all I have received is an Excel file with incomplete dates of important actions and submissions, notes written in the third person and the modification date of the file is two years after my mortgage was completed.

The FOS says this is not evidence of a falsified document. So last week I called as a prospective customer and got one of their advisors that they use systems to add notes  - it is fairly obvious any broker in this day and age to use systems and apply case notes on there, and not 10 worded notes on an Excel file.

I recorded the conversation and have asked the brokerage to provide the system notes as this is a data protection request that the FOS will not look into, but the ICO.

So, anyway, am I legally allowed to share the recording with the FOS as a private individual or only the transcript, why I believe I can do?

Thanks!

MWT

plays said:

So, anyway, am I legally allowed to share the recording with the FOS as a private individual or only the transcript, why I believe I can do?

Very generally, you cannot share an undisclosed recording with a 3rd party, without the consent of the other party on the call.

Same goes for the transcript...

Isthisforreal99

Really don't see how that recording adds any weight to your case with FOS as not specific to your case. More an ICO issue (initially) if you believe info has been witheld. Have you done a SAR?

plays

Isthisforreal99 said:

Really don't see how that recording adds any weight to your case with FOS as not specific to your case. More an ICO issue (initially) if you believe info has been witheld. Have you done a SAR?

Yes, DSAR was done last year. They're refusing to provide data from a front-end system which they haven't specified but have mentioned their source system Seven-Tech where mortgage rates are found across multiple brokers.

I believe there is a front-end system which is linked with Seven-Tech, yet I'll await their response to see if they deny this as I only have an Excel file with minimal details of myself which is also entitled "Submission Form" so it's not a pre-application workbook.

I believe as a private individual reading from "legal professionals" a transcript can be used and the key thing for me is the admittance they use systems (not Excel files) to store case notes.

But this evidence won't be the main thing for me as the ombudsman appears to be very stubborn.


The lender will be sending me an official correspondence to address official processes on their systems for the DIP and FMA which will be more key for me so that the broker then can't dispute what the official processes are as the ombudsmans has ignored them.


You can see what I mean by the third-person notes, when the advisor's initials are there as well. My opinion, someone else has created the notes after the fact especially with the file being resaved two years later.

plays

And this seems to be the key point, which in itself I would ordinarily find laughable

"That wasn’t Mr D’s original plan. The decision in principle was applied for on the basis that he would be adding the product fee to the loan, not paying it upfront"

The product fee would never be applied at the DIP stage as it has no relevance whatsover. Also the broker has no case notes nor telephone recordings to back this up and on the day of the 5pm rate change, my broker emailed me to confirm my mortgage amount without specifying adding the £999 fee on top - something I'll make reference to in my final submission.

MWT

plays said:

I believe as a private individual reading from "legal professionals" a transcript can be used and the key thing for me is the admittance they use systems (not Excel files) to store case notes.

If you really are intent on doing this, I would suggest you remove any information in the transcript which identifies the individual you were talking to.

Still not sure it is really much help at all though...

plays

MWT said:

plays said:

I believe as a private individual reading from "legal professionals" a transcript can be used and the key thing for me is the admittance they use systems (not Excel files) to store case notes.

If you really are intent on doing this, I would suggest you remove any information in the transcript which identifies the individual you were talking to.

Still not sure it is really much help at all though...

The person's name won't be on the last 5 minutes of the call where I would cut it down to the most relevant point of admitting they hold case notes on a system

This won't hold on it's own which is why I'm using it as leverage for them to supply the front end system screen grabs and notes

I'll be containing the developer of the source system to see if it's intended to be compatible with a front end system or used as a standalone system 

plays

Sorry I wrote the wrong system name further up but it states it's a CRM which the Trading Name of the brokerage has denied being a CRM and labelled it as a "source system" 🤔 

So I'll investigate more tomorrow 
twenty7tec website under the adviser link 

kingstreet

27Tec is a sourcing system. It can be linked to a CRM like 360 so data is pulled through to feed the source.

Back to the substantive issue. As many lenders require a full application to be submitted before a rate can be reserved, which lender was involved here?

plays

kingstreet said:

27Tec is a sourcing system. It can be linked to a CRM like 360 so data is pulled through to feed the source.

Back to the substantive issue. As many lenders require a full application to be submitted before a rate can be reserved, which lender was involved here?

Lender was Nationwide. They're going to help me as I am a vulnerable customer with a chronic illness.


The rate can be reserved at the product reservation stage without the need to submit the FMA, hence why the broker is trying every sly little trick in the book to fabricate a series of events for which the FOS has not fact-checked.

ACG

plays said:

kingstreet said:

27Tec is a sourcing system. It can be linked to a CRM like 360 so data is pulled through to feed the source.

Back to the substantive issue. As many lenders require a full application to be submitted before a rate can be reserved, which lender was involved here?

Lender was Nationwide. They're going to help me as I am a vulnerable customer with a chronic illness.


The rate can be reserved at the product reservation stage without the need to submit the FMA, hence why the broker is trying every sly little trick in the book to fabricate a series of events for which the FOS has not fact-checked.

Do you mind me asking how much we are talking about? 
A rate difference equates to what? £10 a month? On a 5 year fix, thats £600? It seems a bit bizarre they are trying to defend a complaint for what must be a relatively small amount.