Not upheld: Mortgage administration / arrears handling complaint against Rooftop Mortgages Limited

Decision detail

Summary

Mr and Mrs D complained that Rooftop Mortgages Limited treated them unfairly regarding two joint BTL mortgages by failing to notify Mrs D about the appointment of an LPA Receiver and not providing important account information. The accounts were in arrears and an LPA Receiver was appointed in September 2024. Mrs D attempted to raise a complaint via email from an unverified address, which Rooftop asked her to verify before proceeding. The ombudsman found that Rooftop reasonably sent correspondence to the mortgaged property address after previous attempts to Mrs D's correspondence address were returned to sender, reasonably requested verification of Mrs D's identity, and provided account information through annual statements and fee statements. The ombudsman upheld Rooftop's right to appoint the LPA Receiver under the mortgage terms and directed Mrs D to contact the LPAR regarding any disputes about LPAR charges. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found it reasonable for Rooftop to send correspondence to the mortgaged property address after previous attempts to the correspondence address were returned to sender. The ombudsman considered Rooftop's request for verification of Mrs D's identity before engaging with her complaint to be reasonable given the email came from an unverified address. The ombudsman determined that Rooftop provided account information through annual statements and fee statements, and that Mrs D could have contacted Rooftop if she was not receiving correspondence. The ombudsman found Rooftop was entitled to appoint the LPA Receiver under the mortgage terms and conditions, and that any disputes about LPAR charges should be directed to the LPAR as Mrs D's agent.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website