Published Financial Ombudsman decisions show that Rooftop's treatment of borrowers has not always been found fair and courts raise important question about their rights to repayment.
In DRN5725301, the Ombudsman ordered Rooftop to refund £1,685 of arrears and unpaid-direct-debit fees and remove the interest added to those fees, finding it unfair to levy certain arrears charges even though Rooftop relied on its contractual right to charge them.
In DRN8820419, FOS ordered Rooftop to reverse £300 of charges, including an arrears fee applied even though the contractual payment had been made the previous day. Other published decisions have required Rooftop to recalculate mortgage interest, refund overpaid interest and pay compensation where the account was not administered in accordance with the mortgage terms.
These individual decisions may be the tip of the iceberg. Not every borrower will understand their rights, challenge what appears on a mortgage statement, or take a complaint all the way to an Ombudsman.
There is another question borrowers should not ignore: standing and entitlement to repayment.
Court material involving Rooftop shows that the registered holder of a mortgage charge, the party with the beneficial or economic interest in the debt, and the company servicing the account can be different entities.
That does not mean Rooftop lacks rights. It does mean that a written assertion saying "we are entitled to payment" or "BCM acts for Rooftop" is not the same thing as producing the documentary evidence relied upon to prove it.
If Rooftop or BCM is demanding substantial repayment or threatening enforcement, borrowers should consider asking for the documents relied upon to establish who is entitled to receive repayment, who is authorised to act, and who can give a full and effective discharge.
Let's hold Rooftop Mortgages, and other lenders operating with the same approaches, to account by checking the evidence, challenging unexplained fees and enforcement, and using the complaint and court processes available when answers are not forthcoming.