Issue

Possession

Every record in the archive tagged "Possession".

Complaint not upheldOfficial source – Financial Ombudsman15 September 2020

DRN-1852552 – Service charge payments made to a managing agent and charged to the mortgage; complaint not upheld

A complaint that Rooftop made payments to a managing agent claiming service charges on a leasehold property and added the cost to the mortgage balance. Rooftop had received copies of county court judgments recording that the borrower owed the managing agent money, and a copy of a section 146 notice said to have been served on her. Rooftop wrote to the borrower each time it received a request for payment. The complaint was not upheld.

Complaint not upheldOfficial source – Financial Ombudsman20 April 2019

DRN9682716 – Service charges paid after a forfeiture notice, field agent visits and disputed arrears; complaint not upheld

A leasehold mortgage originally taken out with another lender and later transferred to Rooftop. Rooftop paid service charges claimed by a management company after receiving a county court judgment and, later, a notice of proposed forfeiture, and charged a fee for making those payments. It also asked the borrower to pay arrears said to have been capitalised by the previous lender and sent field agents to visit. The management company later accepted that its notice was incorrect in parts and refunded the money paid by Rooftop, which put the account back into the position it would have been in. The complaint was not upheld.

Ombudsman decision about another lenderOfficial source – Financial Ombudsman24 October 2018

DRN6142717 – General comparator: breakdown of legal fees charged to a mortgage account (Barclays)

A complaint against Barclays about legal fees of £6,943 charged to a shared ownership mortgage account after possession proceedings were stopped. The borrower's relatives said Barclays had refused to give a breakdown of the fees. The Ombudsman obtained and reviewed the confidential breakdown, the solicitors' charging scheme and the invoices, was satisfied that reasonable legal fees had been charged, and did not uphold the complaint.

Complaint upheldOfficial source – Financial Ombudsman3 December 2013

DRN8820419 – Arrears and legal fees; Ombudsman ordered £300 of charges reversed

A complaint about the level of arrears and legal fees added to a mortgage account administered by Rooftop Mortgages Limited. Rooftop had already removed £230 of fees. The adjudicator recommended a further £250 be removed. The Ombudsman identified one additional monthly arrears management fee of £50, applied in July 2010, and ordered a total of £300 of charges to be reversed.