Partially upheld: Mortgage administration / arrears handling complaint against Mortgage Agency Services Number Two Limited

Decision detail

Summary

Mr T and Miss C complained to Verso about the mortgage being registered in Mr T's sole name only, despite the property being jointly owned, and about Verso's refusal to accept payments or communicate with Miss C. The ombudsman determined that most complaints fell outside its jurisdiction as they related to the mortgage account itself rather than the security. The ombudsman rejected claims for Miss C's legal costs and service complaints, finding Verso had not acted wrongly. However, the ombudsman upheld the complaint regarding Verso's final response letter, which inappropriately disclosed personal information about Miss C's circumstances, and ordered £100 compensation.

The Ombudsman's reasoning

The ombudsman found that under FOS rules, the complaint could only consider the security aspect, not the mortgage loan account itself, as Miss C was not named on the account. The ombudsman determined that the initial setup of the mortgage in Mr T's sole name was not Verso's responsibility, as it resulted from the broker's and solicitor's actions (both appointed by Mr T and Miss C). However, the ombudsman upheld the complaint regarding the final response letter, which disclosed unnecessary personal details about Miss C that could have been expressed more generically.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website