Standard Life to Barclays - breaking contract?

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  • Harassed_Consumer
    Harassed_Consumer Posts: 1 Newbie
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    A Woolwich mortgage was set up as a transfer from Standard Life which I did not request or want. I was guaranteed as part of the process that no charges would apply that would not have applied to my Standard Life Mortgage.

    After much hassle the mortgage offer was amended to include the following:

    “The “Other Fees” shown in section 8 of the mortgage offer are not payable. The Final Repayment Charge shown in Section 8 will be adjusted to match the Final Repayment Charge on your Current Standard Life Mortgage.”

    I requested a Redemption figure and guess what there is a £275 Final Repayment charge despite the fact that the SLB charge would have been nil. So far Barclays are saying that the charge is valid and are refusing to budge. So much for the integrity of the offer letter or Barclays word on this.
  • lornaprice
    lornaprice Posts: 16 Forumite
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    paulo12 wrote: »
    Did they give a reason why ? The clause that Barclays claim gives them the right to do this is not in my contract.There's no getting around that, it just isn't there, so I'm intrigued how anyone can judge that I can be held to that.

    As you can probably gather, I haven't heard anything at all.

    No, this is all it says. We're not best pleased to say the least.
  • ollywise
    ollywise Posts: 2 Newbie
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    Hi everybody I have just had a response from the Ombudsman and yes my complaint has been rejected.
    Regarding buy to let mortgages I believe they are unregulated by the FSA and you could have a problem with the FOS even taking your complaint on.
    You are completely right when you say that the FOS have had a lot of complaints about this but they will not view these as whole but only adjudicate individually. The reasons I have been given for not upholding my complaint is very spurious in content even bordering on being unfactual.
    I to do not have any terms and conditons from Standard Life that states that they can do what they have done. It is very suspect as to whether this is in fact legal as I have requested back in March that Barclays puts in writing that what they have done is perfectly legal but as of yet have not received a reply !!!!!! In a America there would be a class action going on now (any body interested) Failing that I can only suggest that you bombard your MP with this problem and get it politicised as I have and please remember there is a strict government protocol concerning how to go about this as you must use the MP that you are a constituent of. I have put in writing to Barclays that for future legal reference that I have not accepted or approved or signed for anything they have done to which I have not had a reply (surprise surprise) Has it struck you to ask for the application made for this mortgage or even requesting the new mortgage agreement or a copy of the new legal charge? which all seems to have happened in a very fraudulent way. Hang in there.Please don't be defeated as to give in to this corporate bullying will only make matters worse for consumers so much for the FSA OFT FOS and all their consumer focused protection it just does not seem to be there when consumers really need it. Somewhat farcical don't you think. I hope I have helped in some way but my frustration is exactly the same as you have expressed, after all the transfer of Standard Lifes business to Barclays was out of our control and we can't all be wrong!
  • 937carrera
    937carrera Posts: 47 Forumite
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    If they are reviewing each complaint individually, then that is cause for hope as each of us may have made different relevant points. I'm still waiting for my response as I needed to exhaust certain routes before writing to the FOS.

    IMHO the change from Standard Life to Woolwich is nothing more than an internal transfer of business within the same legal entity. Standard Life Cash & Savings (a Division of Barclays plc) transferred and rebranded some mortgages to Woolwich mortgagaes (a Division of Barclays plc). I suspect Barclays have the view that the T's & C's changed when they took on the new business from Standard Life, and therefore though they did not change the way accounts were managed for 2 years, when they decided to do so they were "entitled".

    Let's see where the FOS takes us, and then look at alternate routes, including litigation. Don't forget the banks said they were right on PPI.........
  • stephencg
    stephencg Posts: 10 Forumite
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    Dear Lorna

    I would be most grateful if you could do your best to find out from the F0 precisely why they have upheld Barclays and not you. It should be in perfectly possible for you to speak to the adjudicator on the phone (I have spoken a few times to my adjudicator and found her apparently intelligent and helpful).

    it may be that Barclays have argued that there is a specific term in your contract which allowed them to get out of their obligations, and if so would be helpful to know what that clause was. Or there might be some completely different reasoning.

    thanks

    Stephen
  • envision
    envision Posts: 1 Newbie
    Combo Breaker First Anniversary
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    Hi Everyone,

    Have just discovered this thread – some really useful feedback/information.

    I am also in a similar situation to many of you. I had a flexible mortgage with Standard Life with a overpayment and drawdown facility. Last year we were planning to carry out some major refurbishments and large purchases so I released some funds (from other sources). The work however was delayed so I put the (quite significant) funds into my standard life mortgage drawdown account following their assurance that I would be able to withdraw them when needed, at any time.

    Last month I tried to withdraw the funds and was told that Standard Life (now Barclays) will not allow me to have access to my drawdown funds. This is major problem.

    Since then I have formally complained to Barclays and have been told that they will not make any concessions and that is their final position. I have therefore logged a complaint with the Financial Ombudsman. I have also written to the Barclays Mortgages Director.

    Having read the information on this thread it seems many other people are in a similar position and have also complained, however I am disappointed to see that the FO has not upheld the complaint.

    I’d be interested in keeping in touch with any progress and joining with any group action on the matter as I expect we would gain greater leverage/results in numbers and by pooling information/resources.
  • solinteam
    solinteam Posts: 1 Newbie
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    I am minded to commence court proceedings against Barclays/Woolwich for breach of contract. I have two mortgages which now do not include any offset etc facility. I am a lawyer and suggest a claim for under £5000 in the County Court. The Ombudsman is useless and have given the same "no" answer to eceryone it seems.
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