Sending Statements to Multiple Addresses

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  • Cotta
    Cotta Posts: 3,667 Forumite
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    badger09 wrote: »
    What does the email actually say?

    When my son obtained consent to let, from Halifax, he received several pages of paperwork clearly setting out the T&Cs of their consent, which he had to sign & return.

    I'm sceptical that an email from a mortgage advisor would contain the formal consent:cool:



    Dear Mortgage Advisor,


    I am going to let my property for the remainder of the term (8 months then), please advise of the procedures.


    Dear Cotta,


    At this stage there is no need to advise us, however if you are going to purchase an additional property then we will have to change our position.


    To note the bank have confirmed the email is genuine but that I was misadvised and I should have sought further confirmation.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
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    Cotta wrote: »


    To note the bank have confirmed the email is genuine but that I was misadvised and I should have sought further confirmation.

    Hilarious! It's all YOUR fault then. So they are saying that you should have known that the advice you were given was wrong? How on earth would you have known that? Do they honestly expect you to know the answer to a question before you ask it so that you can check that the answer is correct?
  • Cotta
    Cotta Posts: 3,667 Forumite
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    mrschaucer wrote: »
    Hilarious! It's all YOUR fault then. So they are saying that you should have known that the advice you were given was wrong? How on earth would you have known that? Do they honestly expect you to know the answer to a question before you ask it so that you can check that the answer is correct?

    In their words, "Mr. Cotta - didn't that response sound a little too good to be true?"
  • mrschaucer
    mrschaucer Posts: 953 Forumite
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    Words fail me!
  • eskbanker
    eskbanker Posts: 31,038 Forumite
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    Cotta wrote: »
    In their words, "Mr. Cotta - didn't that response sound a little too good to be true?"
    ....to which a suitable response would of course be "yes, it sounded helpful and constructive, so I should have realised that it wouldn't be the official position of your bank"! Any reason you're not naming and shaming them, by the way?

    To a certain extent I get where they're coming from, with regard to the formalities of varying the terms of a legally-binding agreement, but if you've received written advice from one of their employees which subsequently turns out to be flawed, that's their problem not yours....
  • Cotta
    Cotta Posts: 3,667 Forumite
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    It's Bank of Ireland, with this being their final response and with the threat of a fine I assume my only option is the Ombudsman?
  • eskbanker
    eskbanker Posts: 31,038 Forumite
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    Cotta wrote: »
    It's Bank of Ireland, with this being their final response and with the threat of a fine I assume my only option is the Ombudsman?
    I'm still not sure it's viable to link the two matters - you originally complained to them about a data protection breach and are unsatisfied with their final response, so can take that to the FOS (and ICO), but as posted previously, it's worth stopping and thinking exactly what you'd wish to achieve by doing so.

    If in responding to your complaint, they've introduced a separate unrelated issue and threatened a fine despite it being caused by them, then to me that's an entirely different complaint and one which you can also push through their complaints process and ultimately onto the FOS if again they don't respond satisfactorily. Are they trying to claim that you've already had their final response on this matter as well? Are they explicitly linking them in any way?
  • Cotta
    Cotta Posts: 3,667 Forumite
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    eskbanker wrote: »
    I'm still not sure it's viable to link the two matters - you originally complained to them about a data protection breach and are unsatisfied with their final response, so can take that to the FOS (and ICO), but as posted previously, it's worth stopping and thinking exactly what you'd wish to achieve by doing so.

    If in responding to your complaint, they've introduced a separate unrelated issue and threatened a fine despite it being caused by them, then to me that's an entirely different complaint and one which you can also push through their complaints process and ultimately onto the FOS if again they don't respond satisfactorily. Are they trying to claim that you've already had their final response on this matter as well? Are they explicitly linking them in any way?


    Their final response with the data protection breach was limited in terms of details, simply stating that it occurred with no explanation or apology and a strapline that the breach "would have had no impact". This second part of their response went on to advise their investigations uncovered that the house is being let out against their approval along with a list of accompanying fines and fees. I actually had to contact then to find out if this was their final response on the matter which they advised "Yes as it was human error" and to please advise what I am doing in relating to the letting of my property.
  • Cotta
    Cotta Posts: 3,667 Forumite
    edited 29 June 2018 at 1:59PM
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    Bank of Ireland were back in touch to advise that they are now seeking payment of the fine imposed along with additional payments to cover the increase in mortgage due to the consent to let not being "properly" approved, their summation is as follows:

    - Sending letters to incorrect addresses is a non issue and does not warrant either an apology or form of goodwill as "the bank have done nothing wrong".

    - During their investigations relating to the letters going to the wrong address they discovered the property had been leased to which they are applying an increase to my mortgage payments and a fine.

    - In response to the email approval from a mortgage advisor that I could lease my house out with no changes to the contract, the bank have confirmed that this email is genuine but the information supplied is not and that I should havequestioned this information further rather than "just being happy with the response".

    Not quite sure what to do, they have advised about the Ombudsman service, however do I include both the consent to let issue and the mailing issue as one or keep them separate? Also what do I seek as a resolution?
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    edited 1 July 2018 at 3:25PM
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    I would keep them separate as they clearly are.
    Quite astonishing behaviour on their part I cant believe the ombudsman wont find for you in both cases.

    What resolution is up to you.If it was me Id want an apology on the mailing issue, and on the leasing issue, them to admit they were wrong, drop the fine, and pay you a small sum for the time its caused you.
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