Rebecca O’Connor Consumer Champion of the Year
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For several years I have had a Cheltenham & Gloucester (C&G) mortgage on one of my flats. In June last year the fixed term was coming to an end. I was toying with selling the property to pay for building work on my main home, so I needed to have flexibility, ensuring that I would not have to pay an early redemption charge if I sold the flat during the fixed term. I rang C&G to ask if I could “port” the mortgage to my main home, which also has a C&G mortgage, when I sold the flat. The person I spoke to confirmed that this would be OK. I added that, should this not have been the case, I would have wanted a variable rate.
As a result of this conversation I agreed a three-year fix from July last year. I have just accepted an offer on the flat so I rang C&G, but was told that it could not port the mortgage because it was “against policy”. C&G now says that I will have to pay an early redemption charge of £2,000 and is unwilling to waive the fee despite talking me into the mortgage in the first place. C&G conveniently does not have a recording of this conversation.
Graham Mcdonald, Oxford
After Troubleshooter’s intervention, C&G said that it has “given you the benefit of the doubt”, something it should have done all along. In your complaint, you said that you would have opted for a tracker with no early repayment charges (ERCs) had you known that you would not have been able to port the mortgage.
C&G has now offered to refund the interest you have paid while on the wrong deal, and the interest on an overdraft that you used as a result of the unnecessarily hefty repayments. However, C&G says that it cannot now put you on the deal that was available in July 2007 because it no longer exists. Instead, you are now on the standard variable rate (SVR) of 2.5 per cent, still much lower than your existing rate, and it has waived the ERC and the administration charge.
C&G has also said that it will consider porting your mortgage, even though this is against policy, because you were told that this would be possible. However, you will have to lower the size of the loan to less than 75 per cent of the property’s value, and C&G will need to revalue it. The lender told Troubleshooter that it can do this within 48 hours.
The total interest refunded comes to slightly more than £10,000, plus almost £7,000 in what C&G still calls “goodwill”. Troubleshooter calls this finally pulling its finger out and righting past wrongs.
Powerless of Attorney
I have a registered Enduring Power of Attorney for my 93-year-old father, who no longer has the mental capacity to deal with his affairs. This document allows me to manage his property and financial affairs. However, I am trying — without success — to close his Nationwide credit card account. The building society says that it will not close this account despite the Enduring Power of Attorney, and says that it needs my father to sign a letter. In a previous phone call, another adviser told me that she needed to ask my father security questions. I had to explain to her that he could not even feed himself or remember my name. My dealings on the telephone with Nationwide revealed a total lack of compassion and understanding. Why does Nationwide feel above the law?
Karen Mahalla London
An Enduring Power of Attorney (EPA), according to the Consumer Credit Act, does not apply to credit card accounts because these are debts rather than deposits. It is a question of risk management. Crudely speaking, lenders would not trust you not to blow all your father’s credit, but if you plunder his savings, that is OK because this would not result in more debt for the lender.
However, lenders are advised to use discretion in cases in which the debt has been cleared and the balance is zero. Clearly, the correct application of this guidance would have resulted in Nationwide allowing you to close the account, because the balance was zero. For some reason, it did not. After Troubleshooter called, Nationwide admitted that it should have done so. The building society has now closed the account and sent you a little gift.
Stop calling me, 3
I am being harassed by an insurance company working for 3, the mobile phone provider. I recently got an upgrade with 3, and I specifically said over the phone that I did not want mobile phone insurance, nor for my details to be passed to another company.
Since then, I have been called up to 12 times a day by an 0800 number. When I pick up the phone, there is only silence at the other end. When I ring the number back, a message says that the caller was Lifestyle Services Group (LSG), which sells insurance for 3. I complained to 3 and then called LSG, which said that it would remove my name from its register if I gave it my name and other details, which I did not want to do. How can I get these nuisance calls to stop?
D. Michaelson, London
It is forbidden for 3 to pass customer details to a third party without consent. It is also against the rules of Ofcom, the regulator, for LSG to silent-call you. Both 3 and LSG blamed “one-off errors” in your case, but there is evidence of dozens of other angry 3 customers in online forums. LSG says that it will not call you again. You can opt out of all marketing calls by contacting the Telephone Preference Service at www.tpsonline.org.uk or by calling 0845 0700707.
Bright spot
Jonathan Davies was impressed by the service he received from Barclays recently. He writes: “I visited my local branch the other week to pay in a cheque. I only had to queue for two minutes and the woman behind the counter did not once try to flog me anything, not even home insurance.
“Three days later the money appeared in my account without any problem whatsoever. Long may it continue.”
Readers to the rescue
My partner and I were invited to spend a week with another couple, who have been close friends of ours for some time, in their holiday home in Spain. We were delighted to accept and had a wonderful time. But on our return home we received an e-mail listing money we owed them: half the cost of gas, electricity and the cleaner, plus money towards car hire (they drove us to the supermarket and beach during our stay).
While we were in Spain we split the cost of food and drink, and took them out for a nice meal on our final night to say thank you. We paid up for fear of appearing rude, but now feel slightly aggrieved. Should we say something?
Jason Gallagher
When inviting others to stay with you, either in your own home or on holiday, you should not expect them to contribute to the day-to-day running costs of the property. If you are using the facilities yourself, then the extra cost is minimal. Would the friends not have travelled to the beach in a car had they been there on their own?
Pauline Stokley
When we invite people to our holiday home, we make it clear that they come as our guests. If there are any strings attached, such as hiring their own car, we tell them at the time of invitation. It is understandable that some people might appreciate a contribution, but it is inexcusable to demand this without prior warning.
Lynette Dobbin
Surely common courtesy should have dictated that you offered to share the bills as well as that thankyou meal? I suspect that you still only paid a fraction of the cost of renting your own holiday home.
Anthony Roberts
Invite them round for a lavish dinner and drive them home afterwards. A week later send them a bill for the food, drink and petrol, plus the gas and electricity used to cook the meal.
Lynn Seymour-price
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Surely the tit-for-tat option will only lead to the loss of a friendship. Send a kind note stating that you are sorry and embarrassed, but that it was not clear that you were expected to contribute in this manner. Thank them for their generosity in inviting you, grit your teeth and go and bank those karma points.
Nicole Fawkner
Can you help?
E-mail troubleshooter@thetimes.co.uk with your answer to the following problem for the chance to win a £25 gift voucher
Since starting to commute by public transport I am covering only 2,000 to 3,000 miles a year in my seven-year-old Honda Civic. As the insurance costs seems unrealistically high, I looked at the pay-as-you-drive option, but without success. I also need to be covered for a small amount of business mileage. Any suggestions as to what I can do to keep down costs?
David Robinson
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