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

MyRealNameToo

MWT said:

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...

On what basis?

Certainly in civil court you can and the judge will make their own decision on what weight is placed on it if the counter party object on the basis of it being recording without explicit consent. 

It's never been an issue I've come across with the FOS as we've always recorded calls and routinely submitted them to the FOS when the allegations relate to a conversation on the phone. Normally it would be in the format of a transcript rather than audio file but thats more in sympathy for the person at the FOS as its much easier to search in a text file for keywords if you are looking for one key detail rather than having to listen to a long call to just hear if commission was or wasnt mentioned or whatever the point is around. 

kingstreet

Sarsibob1 said:

I guess the risk is though that if the broker reserves the rate in say May, client finds in say July then the broker has to get a mortgage offer out within the remainder of the 90 days timescale which could only be 4 weeks or so. At the point of aip the client doesn't have a house - the time taken to find one is a bit of a 'how long is a piece of string' situation. If say there is a short timescale then if that isn't managed (as at the time of rate increases lenders are busy, queries on underwriting or need an employers reference or no valuers etc) the client could then be in a worse position than if they had just reserved the rate at the point of application - in this case it was still around 2% fixed for 5 years. - this was in 2022 when rates started going up sharply. Had the client not got his mortgage offer within 90 days from aip then that would have probably been a bigger complaint as suddenly the rates available are 3% plus

Yeah. You have to make clear exactly what is required and by when. It's a useful option to have though, especially in a rising rate period.

TBH we can usually get from application to offer in less than two weeks.