Ombudsman policy means JOINT mortgage complaints will not be adjudicated if one party refuse to engage/co-operate

dubbkco

Registered User
Messages
4
There continues be some significant operational issues on a joint mortgage I hold with my ex wife and this has impacted on credit history. I am responsible for making the repayments and have done so fully since the mortgage inception. I believe these issues are widespread within the organisation and the regulator should be looking at these problems thematically. Unfortunately, my ex-wife is not sophisticated enough to appreciate the impacts of this and remains passive and un-cooperative.

I independently formally raised a complaint to the credit servicing firm and was un-happy with the response. Accordingly, I was referred to the ombudsman. I was surprised to find that it is not their policy to progress the complaint unless both parties were willing to sign the notification.

The statement below is from the website. I do not think that this was in place when I referred the complaint to them 4 months ago. I am surprised that the regulated firm has to accept a complaint from any party to a mortgage but that the ombudsman can refuse it. The need for the statement on the FPSO website in the first place suggests that this is a fairly common matter. The explanation for the requirement is weak is not based on legislation.

Anyone know how you complain about the Ombudsman? I am not permitted to highlight the issues directly to the regulator which are affecting many many good people.

===========================================================================================================
if your complaint concerns a joint account or joint policy, all the owners of that policy or that account must make the complaint to the FSPO and therefore all those owners must sign the FSPO Complaint Form, to confirm their agreement to the processes of this Office.

The FSPO recognises and accepts that all owners of an account or policy have rights, entitlements and liabilities, which can be affected by the outcome of a complaint investigation. The FSPO therefore requires all joint policy or account holders to provide their signatures, to confirm that they each consent to the FSPO's complaint investigation processes.

In the case of the online Complaint Form, Section F must be completed and once we receive the completed complaint form from you, we will then contact you to obtain physical signatures.
 
You mention "Ex-Wife" but "joint mortgage"
I presume from this that you are divorced?

If so what agreements were entered during the divorce regarding the mortgage,?
If she is still named on the documents then she must be a party to the discussion,
 
Last edited:
Yes indeed. Joint mortgages are problematic.
What if you discovered that your ex had made and settled a complaint without your involvement?


I think that the ombudsman is right.

Joint mortgages are problematic. I don’t see an easy solution.
Hi Brendan,

I would not have a problem if I was informed about the outcome.

The point here is that I can make a complaint individually to the bank and the regulator expects them to respond promptly. This approach is not consistent. The operational matter I am complaining about affects all problematic joint mortgages and as I can't complain to the regulator directly the problem will continue to be ignored.

If someone has an issue with the ombudsman's decision, is the only course of action the courts?

I appreciate the views on this thread.

K
 
You mention "Ex-Wife" but "joint mortgage"
I presume from this that you are divorced?

If so what agreements were entered during the divorce regarding the mortgage,?
If she is still named on the documents then she must be a party to the discussion,
Yes. I have no problem with her being party to the discussion. She is not interested in engaging/co-operating in the matter. All she needs to do is sign the complaint form to the ombudsman.
 
The problem is unavoidable .

I know someone paying 100% of a mortgage held with an estranged, uncooperative spouse. In 2022 the spouse wouldn’t sign a form to lock in a lower mortgage rate and payments are higher now as a result.

It’s just an inherent fact about joint mortgages that both parties need to agree.
 
If someone has an issue with the ombudsman's decision, is the only course of action the courts?

Compensation and other redress​

If your complaint is not resolved during mediation, it will proceed to a formal investigation. Following the investigation, the Ombudsman issues a legally binding decision. Decisions made by the Ombudsman are legally binding on both the complainant and the provider. Decisions can be appealed by either party. Appeals can only be made by way of a statutory appeal to the High Court.
 
You mention "Ex-Wife" but "joint mortgage"
I presume from this that you are divorced?

If so what agreements were entered during the divorce regarding the mortgage,?
These are also key questions in this context.
If you have gone through a judicial separation or divorce and the joint mortgage issues weren't addressed at that stage then it seems odd.

As mentioned already the FSPO has no option but to deal with all parties contracted on the mortgage even if only one of them can contact the lender with queries or complaints. It's not a policy matter that they have any latitude on.
 
Back
Top