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Anyone else had their surplus funds withheld for months? Need advice

Hi all,

I’m posting because I’m at the end of my patience and want to know if anyone else has been through this — and how you got it resolved.

My mortgage company has been holding on to my surplus funds from the sale of my repossessed property for six months now. We’re talking £85,854, not a small amount, and I’ve been chasing constantly.

Every time I ask for an update, I get the same vague responses:

  • “We’re still investigating a third‑party claim”
  • “We’re waiting for our solicitors”
  • “We’ll update you soon”

But no evidence, no documents, no progress, and no explanation for why this is taking half a year.

I’ve already:

  • Raised a formal complaint
  • Escalated to the Financial Ombudsman
  • Sent a Letter Before Action
  • Started the court claim process
  • Asked repeatedly for proof of any alleged third‑party claim

Still nothing. Just silence and delays.

At this point I’m wondering:

  • Has anyone else had their surplus funds withheld for this long?
  • Is this becoming a common issue with lenders/solicitors?
  • How long did it take before you finally got paid?
  • Did anything specific trigger movement?

I’m not asking for legal advice — just real experiences from people who’ve been through this. It’s incredibly stressful having this amount of money withheld for no good reason, and I’d appreciate hearing from others who’ve dealt with similar.

Thanks in advance.

Comments

  • silvercar
    silvercar Posts: 51,155 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper

    Email the CEO of the lender is another avenue to try.

    What did the ombudsman say?

    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • ACG
    ACG Posts: 25,020 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament

    What did they say in their final response to the complaint?

    What has the financial ombudsman said?

    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • MattMattMattUK
    MattMattMattUK Posts: 12,972 Forumite
    10,000 Posts Fifth Anniversary Name Dropper

    Were there any other debts secured against the property, did you have any CCJs etc?

  • user1977
    user1977 Posts: 19,796 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper

    If they said they were "investigating a third‑party claim" I'd assume there has in fact been a third party claim and they haven't just fabricated it as an excuse.

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