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AIBU?

To feel the odds are against me, but I really don't want to give up on this. *Long*

25 replies

moanymandy · 08/03/2013 20:24

I will give you the relevant info and try not to dripfeed, this could be long winded but I promise its all relevant....

I am more than willing to be told to get a grip and move on I would appreciate your honesty.

I made a complaint with C&G at the beginning of December regarding my mortgage.

We took out a 5 year fixed rate in November 2007 and I was expecting for that term to end in November 2012. This was not the case. There is a further 7 months until the term ends in June 2013.
Now, this date is actually in the mortgage agreement papers which I checked once this came to light. It is something I should have know but for one reason or another I didn't realise/remember this.

I expressed that I was unhappy and wanted to understand what the extra 7 months are for and why they were able to sell a product labelled as something it clearly wasn't, So my complaint was logged.

After 2 weeks of hearing nothing I called them, I was told that they don't acknowledge complaints and that they have 4 weeks to deal with it. This didn't sit right with me as I work for a large building society and have in the past dealt with customer complaints so have a good idea of what is expected. I asked for a copy of their complaint procedure to be sent to me and was told this was not possible and I was to go into branch to get one.

So stupidly I gave them their 4 weeks and called back as I still hadn't heard anything. The chap who I spoke to was very helpful (and to be honest was their saving grace on this occasion) and informed me that my complaint hadn't been escalated properly which is why I hadn't received a response. Angry Not only did the previous person not know their internal complaint procedure but she didn't even look at my notes at all!

So the complaint was escalated and passed to someone to look into, I spoke to her on the phone to reiterate my concerns and she told me she would look into and send me a response in writing. I received this about a letter about a week later saying that they feel that the documentation was clear so they couldnt 'agree' with me and giving me £50 for the poor service and phone calls I had made.

I responded to the letter thanking them for the money but pointing out that I wasn't trying to dispute the documentation but wanted to understand why it was like this as they still hadn't offered an explanation.
I waited a further 2 weeks and yet again had heard nothing so called them, I was advised that yes they had received my letter but it hadnt been looked into. Again! Angry

Someone called me back and we had a lengthy discussion about the IMO shocking customer service I had received regarding my complaint, that they had completely ignored my initial points and that they had made this into something so much more than it needed to be if they had just given me a response in the first instance!

I was told that the letter was their final response that had been checked with a manager and that she would read my letter and respond in writing but if Im not happy I should go to the financial ombudsmen service (FOS). I agreed as they were clearly unwilling to deal with my complaint and maybe I would get somewhere if i called them.

I did that same day. Explained the whole sorry story and they sent me forms etc and I wrote out my main concerns and sent it all off.

Now I received a call today from them to say that they had received all info fro C&G and they have decided that they cant uphold my complaint since they explained to them about the 7 extra months (Funny they couldn't explain it to me!)
And as C&G had already given me £50 for the poor service that is all they would recommend and that's the end of that.

Now here is where I need your opinion, am I completely deluded or am I right to think that this is a joke?

I still don't have the answers I wanted in December and that by giving me £50 I'm expected to put up and shut up like they have bought my scilence?? I feel that they have said well We gave you money and told the FOS the info you wanted so we wash out hand of it! I told the lady from the FOS this but she didnt seem to know what to say to me!

I just want them to take responsibility for the shit customer service and actually deal with my complaint!!!

AIBU do I need to let this go now? if not where do I go from here??

If you got this far thank you! and any advice you might have I really appreciate!

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moanymandy · 08/03/2013 20:24

God sorry this is so long!! Blush

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MmeThenardier · 08/03/2013 20:26

This must surely be the longest AIBU ever.

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monkeyfacegrace · 08/03/2013 20:30

Hmm

It was in the paperwork.

You signed it.

Issue over.

Drink Wine

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BabyRoger · 08/03/2013 20:31

I'm really not sure what you want from them? A written apology?

It sounds frustrating. I had a massive issue with Sky once about my TV and their charges. Far too long to go into but they have no ombudsman and gleefully told me this so that I had no one else to complain to.

I wrote to my MP and within 1 week I was refunded £800.

I am not sure your issue is the same, though. I would chalk it up to experience and let it go if I were you.

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N0tinmylife · 08/03/2013 20:33

I think if I were you I would let this go now. What are you hoping to gain from this? I am not sure where you go from here to be honest.

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ClutchingPearls · 08/03/2013 20:36

I don't think you will ever get an answer. They have gone out their way to avoid explaining. If you pursue it, it sounds like they will continue to avoid.

They know the system, giving you £50 to prevent ombusman looking into it shows that.

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LessMissAbs · 08/03/2013 20:37

It sounds like miss-selling to me. Different rules apply to financial services. I think the crucial point though is how much you were financially out of pocket by the extra months on the term, if at all. If not, I don't think you can ask for any more really.

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ClutchingPearls · 08/03/2013 20:38

FFS ombudsman not ombusmanHmm

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WellSlapMyThighAndCallMeNancy · 08/03/2013 20:38

Its not mme a guy came on recently with a painfully long, draw out War and Peace long AIBU. Times this one by 5-6 and you're getting there.

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UrsulaBuffay · 08/03/2013 20:38

I work in financial services complaints dept and as you've been to fos and they rejected your complaint you don't really stand a chance any further.

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Facebaffle · 08/03/2013 20:40

What do you want out of this? Will you be happy with an explanation or are you unhappy that you are possibly paying over the odds on your mortgage for longer than you expected ( if your fixed rate is higher than the standard variable rate)?

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UrsulaBuffay · 08/03/2013 20:41

The £50 did not prevent the ombudsman looking into it that's in respect of service issues and the fos will have charged the firm hundreds to look into the case. You might stand a chance of another £50 and a further explanation if you continue to complain, but that's it.

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aldiwhore · 08/03/2013 20:43

I think your case is one of asking a simple question, and not getting a simple answer... however, you signed it, so I'm not sure what they can actually do (other than simply explain why, but that's never going to happen)...

YABNU in the sense that your question, simple as it is, hasn't been answered.

YABU to persue this when the facts are the facts and you'll never get an explanation... in my opinion.

I do kind of feel for you.
It is not worth getting in such a pickle about.
On the other hand, your questions SHOULD be answered, and they never will be, unless we all (and mostly, people like you because I can't be arsed) persue these kind of frustrations.
On the OTHER hand (I am an octopus) is it worth the negative impact on your day to day life... sometimes you should be unreasonable and let it go, even though it's not fair.
I would view this as a question of life balance, rather than major injustice.... there comes a point where the balance tips and it becomes not worthy of the energy in relation to the ideal outcome.

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moanymandy · 08/03/2013 20:46

I know you are all right. Its about more than signing the agreement now I just hate the fact they have been completely shit at dealing with the whole thing and they don't have to take responsibility for it!

This could quite possibly be the longest post ever!! thank you for reading it!

monkey I wish I could drink the Wine but I'm pg!! (could explain my obsession with this! Blush)

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LineRunner · 08/03/2013 20:47

HOW MUCH MONEY HAVE YOU LOST?

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UrsulaBuffay · 08/03/2013 20:50

You might get a clearer response if you write back ever so sweetly thanking them for looking into the complaint however you just have a general enquiry about your mortgage. In all probability a different department altogether will respond. You should be provided with a jargon free explanation of your terms and conditions. A good complaint handler would have done that already.

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acrabadabra · 08/03/2013 20:51

Are you complaining because you've been tied in to a fixed rate for longer than you expected?

If so, what do you want them to do about that? What, apart from an explanation, do you want? An apology, compensation, an early, penalty free get out? Did you ask for any/all of these things?

Being entirely unemotional about it this is how I see it.
You signed the documentation. In their eyes, even if you feel duped, you had all this info before you signed.
Were you given time/asked to read the policy before signing?

While I can understand your annoyance, even anger, they have no obligation to compensate you for your inability to read the small print. It was a mistake. But, it was your mistake. You are unlikely to make the same mistake again.

Let it go.

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Facebaffle · 08/03/2013 20:52

I forgot to say on my post above...

I think fixed rates are offered by banks/ building societies for a set period of time, such as 6 months. They have a closing date. This closing date + x amount of years will be the end date of your fixed rate period regardless of when you took out the mortgage within the period of the offer. I think Grin

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moanymandy · 08/03/2013 20:53

facebaffle I was initially put out that the fixed rate is not up yet, it is considerably higher than the variable on but I except that its in the paperwork and I'm not looking for them to change that.
I told them this, I just wanted to understand the whys and hows. It has escalated into something more than it needed to be due to them not dealing with it.

aldiwhore that is some very rational advice there and I think I need to listen to it! Not worth the stress!

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moanymandy · 08/03/2013 20:57

I'm not sure I have LineRunner We have been paying the fixed rate for an 4 months longer than expected but have another 3 months to go. The monthly payment is £400 more than it will be on their variable rate so its a considerable sum.

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ginmakesitallok · 08/03/2013 21:04

But surely the answer to "Why?" is because you agreed to it by signing the original agreement??

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JessieMcJessie · 09/03/2013 05:44

Post on the mortgages forum at moneysavingexpert.com. There are loads of helpful and knowledgeable people on there who can explain why it was longer than 5 years, if that's what you need to understand. Presume you didn't go through a mortgage broker to get the mortgage? If you did, then he/she is who you should be talking to.

If you want an apology from C&G though, you're probably just going to have to let it go. And obviously vote with your feet when the fixed term finally expires.

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TiaMariaandSpringCleaning · 09/03/2013 07:23

Am I right in thinking that you accept that you signed the paperwork and probably are bound to the extra time, but just want to see the explanation they provided? If so, perhaps contact either c&g or the fos (probably fos) and ask, making it clear that thats all you want. Sorry if youve done this already, its just it looks from your op that they think you want either compensated or allowed out of the mortgage early (which is understandable!)

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Snowballed · 09/03/2013 08:35

Having recent been to the FOS (and lost ) for a clause in the T&CS - you don't have any chance. When all is said and done you signed them.

However, their complaints procedure is woeful and you can escalate that aspect to the Financial Services Authority who regulate them but it won't change any decision on the fixed rate term as it was on the agreement you signed.

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Hooya · 09/03/2013 08:45

Hello

From my experience the FOS does err on the side of the customer so you are unlikely to have the result overturned. However there is a very simple way to get the info you need - submit a Subject Access Request to both the C&G and FOS. They can charge you for it but only the admin cost so should not be more than a couple of £. They are legally bound to provide all data they hold about you, which should include the explanation the G&G gave to the FOS regarding your complaint.

They can't ignore your SAR and if they do you can complain to the Information Commissioners' Office, which I seem to remember is dead easy.

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