Second reposession!

[veganite]

First repossession where there were no arrears, details in this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?426052-HBOS-repossessed-house-No-arrears

 

Now, HBOS have repossessed another house, although unlike the first repossession where there were no arrears, there were arrears on the second repossession though IMHO this still should not have been repossessed.

 

1. HBOS possibly did not follow pre action protocol relating to this second repossession

2. HBOS did not inform me of the repossession

3. HBOS did not make allowances for tenants renting the property

 

Main reason: Had HBOS informed me of this repossession, then I would have made arrangements to repay the arrears. If necessary, I would have gone to Court to stop the repossession using the Administration of Justice Acts in conjunction with Norgan. However, I was not given the chance to do this since I was not informed!

 

I am writing a complaint letter to HBOS in relation to their second repossession.

 

In the meantime, any guidance / pointers to case precedents concerning repossessions?

 

Ideally, I would like to get the house back.

 

 

Background notes: As I am usually outside UK (living and working in Russia) the tenants all pay their rent directly to the lenders. In the case of this repossession, the tenant concerned did not pay their rent. Admittedly, I should be checking up on this myself each month, - though I just assumed that if there were arrears, then the lender would contact me. Unfortunately, the lender did not contact me which resulted in yet another repossession. The tenant in question is now homeless. I had found out about the repossession from the rather confused tenant asking why locks on the door had been changed etc... Tenant explained that they had missed out on few months payments but were in a position to repay in full toward the end of August in addition to any bank fees I had to pay due to their late payment.

 

I am trying to find alternative house for tenant and they will pay the arrears in full at the end of August...

 

But, in the meantime - I would like to get my house back from HBOS!!!!!

 

AND.... HBOS clearly ignore customer complaints / concerns (which can be seen from the other thread I linked to above).

 

Any ideas / help / links appreciated,

 

Thanks

 

ps... Post implies landlord / tenants etc - it is a wrong assumption if you assume I am rich and wealthy as I 'own' property which is rented out... This is not the case! I took out many mortgages a number of years ago when it was easy to get Buy To Let mortgages with effectively no deposits etc...

[veganite]

I have spent nearly 6 hours on the phone to HBOS today. It turns out that the house is not repossessed and that it is under control of LPA receivers.

 

I am thinking about sending them this letter - any ideas / comments about letter?

 

P { margin-bottom: 0.21cm; } A number of months ago (exact date unknown, needs to be checked from receipt of letter), I visited a Halifax branch and gave a letter which detailed the following information:

1. An update of my address, - I used my parents address as they could open my mail and deal with it accordingly.

2. That the tenant in the property will be paying the mortgage directly – the rent was equivelant to that of the mortgage payment.

 

 

Today, I find out from tenant that the locks on the house have been changed. I also speak with a neighbour to the property who told me that he believes the property is repossessed. Acting upon this information, I then contact yourselves to find out what the problem is.

 

 

Upon contacting yourselves, I was informed that the property was not repossessed and that it had been placed under the control of LPA receivers. I then enquired as to why I had not been informed of arrears on the mortgage and was told that I would have been sent many letters. I said that I had not received any letters and had I received letters I would have been in a position to make a payment arrangement with the tenant and more importantly pay the arrears myself in order to avoid any further legal action from yourselves.

 

 

It transpires that you had failed to update my address which resulted in me not receiving any arrears notifications, consequently this caused the property to be placed under control of LPA receivers.

 

 

Upon trying to sort out this problem with yourselves today, it has taken me nearly 6 hours of phone calls to yourselves in order to raise the complaint as above. During the first 5 hours of phone calls and me repeatedly explaining the problem, I was then told I was speaking to the wrong person / department. During the last hour of phone calls where infact I was led to believe that I was speaking with the correct person / department, I was then told that a complaint could not be raised since I had not passed the security questions for yourselves to identify me. I fail to see how during the first 5 hours I can pass security questions when being fobbed off and transferred around your call centres whilst when speaking with the right department I then fail such security questions.

 

 

Upon speaking to a 'supervisor' in relation to this, I was again told that a complaint could not be raised since I did not pass the security questions. I then requested the supervisor to make a note on my account detailling that I am unhappy having spent 6 hours of phone calls which has in effect achieved nothing. The supervisor said he would make a note on the account. I then asked the supervisor how it is possible he can make a note on the account and yet not raise a complaint. The supervisor could not provide a reason for this. My own opinion is that this is just another way in which you fob off customers complaints.

 

 

Whilst you may reply saying that you do not fob off complaints, I would appreciate you review the following:

 

 

2009, 2010, 2011 – I complained many times to yourselves. Approx 72 hours of recorded phone calls were made within just one month!!! Many letters were sent to you – which were all ignored.

Due to the fact that I was clearly being ignored in relation to this complaint, I then visited the local police station to enquire whether or not it is legal for me to stand outside one of your branches giving out leaflets detailing the way in which you deal with customers and fob them off etc. The police response was that they were happy for me to do this and that it would not be a problem for them.

 

 

So, I attempted to do this. However, the branch manager of the bank obviously did not want me to do this. He tried his best to get my complaints and concerns answered. I visited the manager many times whilst he made numerous phone calls to various different people in order to rectify my complaint. The outcome of this was the he eventually found someone who would deal with the complaint and that he faxed them 13 pages of letter documenting my complaint against yourselves. The bank manager I assume was highly embarrassed when after approximately 7 or 8 weeks you provided an answer to my complaint. Your answer was that you could not read the letter since all the 13 pages of the document had smudged ink. Well done, 7 or 8 weeks to decide you can not read a letter! Again, visiting the bank manager, another letter was sent. Your response to this is that whilst you replied, you did not answer my concerns or complaints. Infact, you ignored them. You stated in your reply with words to the effect of “any further correspondence from myself will be placed upon file”.

 

 

So, the above from 2009, 2010 and 20011 is indicative in how you fob customers off.

 

 

Please note that the previous complaint was the fact that you repossessed a house despite there being no arrears. There were arrears, although they were paid off and essentially the mortgage was put into credit. Yet you can not answer this. You choose to ignore this....

 

 

So that is from the past. Perhaps you may care to answer it now?

 

 

Now turning to the present and my recent complaint. Apart from spending nearly 6 hours on the phone today to yourselves (details as above), there was no outcome. Infact, I was told that you can not make a record of the complaint (details as above).

 

 

The outcome I am looking for from this complaint:

 

 

1. Take control of the property from LPA receivers and place back to my control. If you are able to do this, then I will ensure that the rent is paid in respect of mortgage payment. If tenant has difficulty in paying the rent, then I will pay the mortgage payment myself, out of my own money. Also, any further fees you have charged for LPA receivers should not be added on to my account since you failed to take action upon the letter in which I gave to your lcoal branch. Had you taken action on this letter, then I would have been informed of arrears and would have paid them myself.

 

 

2. In respect of the 6 hours of phone calls today, I am not so worried about the cost of the calls. However, my time is valuable. I could have spent this time as a self employed programmer making facebook apps, web software, server setup etc etc – it would have been a lot less stress than being constantly fobbed off by your bank. Therefore, I seek compensation for the time I have lost in trying to deal with yourselves today via phone.

 

 

3. Maybe you can take a look at my previous complaint? I have been told by yourselves that the complaint had been dealt with. Yet, it has not been dealt with. If it has been dealt with, then perhaps you can provide me with an answer to the thirteen paged document that the bank manager faxed in relation to my complaint? I have not received any answer to that complaint despite me trying for many years to get an answer from yourselves.

 

 

 

 

Actually, I am done with your bank. I have had enough. It is quite clear that you treat your customers complaints and concerns with contempt. This is clear from 2009, 2010, 2011 with my previous complaint as well as my more recent complaint in 2014.

 

 

Should you not be in a position to rectify this complaint to my requirements, then please provide your final response as well as a Subject Access Request detailing all the information you hold about me.

 

 

 

If you like, for additional proof of your appalling way in which you treat your customers complaints, I can send yourselves a copy of all letters which have been sent to yourselves - most have the banks stamp on them as a receipt, - and you can compare this to your answers. I already know your answers = it is to ignore.

 

 

Ignoring this current complaint will not make it go away. A number of years ago I suffered with both stress and depression which I attribute to yourselves repossessing a house despite there being no arrears. This caused me to suffer a huge financial loss as well as suffering with stress and depression. I am now mentally stronger to pursue this matter to a conclusion if necessary, therefore, in light of this, I request that you deal with this current complaint accordingly and not actually fob me off or ignore it.

 

 

Regards,

 

 

 

 

I am thinking about sending them the above letter of complaint. Any ideas or thoughts about the letter?