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Homes England

P-001424 · Report · Decision date: 10 June 2022 · View Homes England scorecard
Complaint handling Property and planning Project Cost Escalation from Delays
Complaint (AI summary)
Ms L complained Homes England's delayed processing of property documents during re-mortgaging caused financial loss from higher interest rates. She also alleged being ignored, causing distress.
Outcome (AI summary)
The complaint was partly upheld. Homes England's delayed document processing caused financial loss, leading to a recommended reimbursement, but no evidence of Ms L being ignored was found.

Full decision details

The Complaint

4. Ms L complains that Homes England took too long to process property documents during her re-mortgaging process in 2021. She says that as a result, she had to pay a higher rate of interest from her lender instead of the lower interest rate she was re-mortgaging to. This caused her financial loss.

5. Ms L also complains that she contacted Homes England repeatedly but was ignored during the re mortgaging and complaints process. She says this caused her emotional distress.

6. Ms L wants Homes England to pay her the money she lost as well as financial compensation.

Background

7. Homeowners have various options for a mortgage. Many people choose a fixed rate mortgage which gives them a fixed interest rate for a period of time. This is typically a cheaper option than using a lender’s standard interest rate.

8. When a fixed rate period comes to an end, an individual can re-mortgage to a standard interest rate mortgage, or another fixed rate mortgage.

9. Ms L’s fixed rate mortgage was due to come to an end on 1 March 2021 and the interest rate she paid was due to increase at that point. In January, before that happened, she began the process of re-mortgaging to another fixed rate mortgage, with a lower interest rate.

10. On 28 January, her solicitor sent relevant documentation (deeds) to a third party who held an interest in her property, as part of the Government’s help to buy scheme. They reviewed the documents and uploaded them to Homes England’s system on 9 February for processing.

11. Due to an error, Homes England did not review the documents until 16 April. It completed its work on 21 April and sent the documents back to the third party later that day.

12. The third party sent the documents to Ms L’s solicitor on 7 May. She completed the re-mortgaging process on 20 May.

13. On 17 August, Ms L complained to Homes England, via email, about the time her re-mortgaging process had taken. Homes England acknowledged her complaint the next day and emailed her again the day after to summarise the key issues and to confirm it would investigate. Homes England told Ms L it would provide an update on the progress of the complaint within 20 working days. It said that if it could not provide a substantive response to the complaint within 40 working days, it would contact her with an update to explain why. Homes England also asked Ms L for her address, which she provided on 23 August.

14. Ms L did not hear from Homes England so she emailed it for an update on 1 October. Homes England responded that day and provided a copy of an earlier email from 16 September. In that email, Homes England explained that it was still investigating the complaint. Homes England told Ms L the email was not sent in error and apologised.

15. On 14 October, Homes England emailed Ms L and said it was unable to respond to her complaint in full at that stage. It told her that staff were escalating the matter and would get in touch as soon as a substantive complaint response was ready.

16. Ms L emailed Homes England for an update on her complaint on 2 November. When Homes England did not respond, she emailed it again on 9 November.

17. On 11 November, Homes England provided a substantive response to the complaint and signposted Ms L to us if she remained dissatisfied. There was no further contact between both parties.

Findings

Processing of documents

21. Our Principles say that public organisations should deal with people promptly and within reasonable timescales.

22. Homes England received the documents it needed to progress Ms L’s re-mortgaging process on 9 February 2021. It completed its work on 21 April, 49 working days later.

23. In response to Ms L’s complaint, Homes England said that in line with its service level agreement, it should have processed the property documents within 30 working days, not 49. This did not happen because of human error. Homes England upheld the complaint.

24. Homes England subsequently told us that it does not have a service level agreement or policy relating to timeframes, but rather, it tries to complete its work within 30 working days. It says this is not always possible as the volume of work it needs to carry out fluctuates. However, that is not relevant here. What is relevant is that Homes England overlooked the request. It was not that it could not process it due to other work.

25. Still, Homes England appears to be operating on the basis that it will complete its work within 30 working days, and its comments suggest this would have happened, but for the oversight. Our Principles state that public organisations should follow their own policy and procedural guidance, whether published or internal. And while Homes England says it does not have published guidance around timescales, it does seem to be working internally towards a 30-working day target. We expect organisations to work within reasonable timescales and their own time limits. The evidence we have seen suggests this did not happen. This is a service failing so we have considered the impact this had on Ms L.

26. If Homes England acted correctly and processed Ms L’s mortgage documents within 30 working days, the latest it should have completed its work by was 22 March. It then would have been up to the other organisations involved in the process to carry out their respective work.

27. In reality, Homes England completed its work on 21 April. The re-mortgaging process was completed on 20 May, 29 days later. We can only assume the process would have taken the same time if Homes England acted correctly and completed its work by 22 March. This is because there is no guarantee other organisations involved in the re-mortgaging process would have acted quicker, just because Homes England should have.

28. Taking that into account, the re-mortgaging process should have been completed by 20 April, a month earlier than it was. So, in any event, Ms L would not have re-mortgaged before her fixed rate was due to end on 1 March. That is not a fault on Homes England’s part.

29. That said, the process should have been completed a month sooner than it was. So Ms L was affected financially by Homes England’s failing. However, any impact is limited to that one-month period.

30. At this point, it is key to explain that irrespective of when the re-mortgage process was completed, Ms L still had to pay her mortgage each month. The only difference is whether this would be on the higher interest rate mortgage, as opposed to the lower interest rate mortgage she eventually re-mortgaged to. Based on the evidence we have seen, it appears Ms L was on the higher interest rate mortgage for one month longer than she should have been. Her mortgage payment was £227.09 higher at that rate as opposed to the lower interest rate. This means Ms L has experienced financial loss of that amount. We have made recommendations for Homes England to put this financial loss right.

Communication

31. Ms L complains that Homes England ignored her when she contacted it repeatedly during the re-mortgaging process. Homes England’s involvement in this process was between 9 February and 21 April.

32. Our Principles state that organisations should communicate with people effectively and do what they say they are going to do. If they make a commitment to doing something, they should keep to it but if that is not possible, they should explain why.

33. We do not wish to dismiss what Ms L told us, but there is no independent evidence of her contacting Homes England during its involvement in the re-mortgaging process. As such, we cannot see that it acted incorrectly. We can see that Ms L contacted a different organisation involved in the process repeatedly, but we are not considering that organisation’s actions.

34. Ms L also complains that Homes England ignored her when she contacted it during the complaints process. The process lasted between 17 August and 11 November.

35. Homes England acknowledged Ms L’s initial complaint the day after she raised it. It then took action to summarise her key concerns and explained that it would provide an update in 20 working days.

36. We can see that Homes England did attempt to do this on 16 September but the email did not send as a member of staff sent it from their own email address, rather than Homes England’s centralised one. This simple mistake meant Homes England’s system did not send the email.

37. Ms L contacted Homes England for an update on 1 October and it responded promptly. It also explained the situation with the email that was not sent and said it was still investigating her complaint. Homes England reiterated this to Ms L on 14 October and said it would contact her again once it had a substantive response to her complaint.

38. Ms L emailed Homes England for an update on her complaint on 2 and 9 November. On 11 November, Homes England provided a substantive response to the complaint.

39. Based on the available evidence, we are satisfied that Homes England did not intentionally ignore Ms L. We can see that it made a simple mistake where it did not send an email with an update that it had agreed to provide. While this is not in line with our Principles around keeping to commitments, we do not consider that this fell so far short of what should have happened that it amounted to service failure. We are pleased to see that Homes England accepted and apologised for this error and overall, our view is that Homes England communicated effectively with Ms L, in line with our Principles.

Our Decision

1. We found that Homes England did not process Ms L’s property documents promptly. This meant she was unable to re-mortgage as quickly as she should have, which caused her financial loss. Homes England has not done enough to put things right, so we have recommended that it reimburses Ms L £227.09.

2. We have seen no evidence to suggest that Homes England ignored Ms L during the re mortgaging or complaints process.

3. We have therefore partly upheld the complaint. We were sorry to hear of the circumstances surrounding the complaint and the difficulties that Ms L experienced.

Recommendations

40. In considering our recommendations, we have referred to our ‘Principles for Remedy’. These state that where poor service or maladministration has led to injustice or hardship, the organisation responsible should take steps to put things right.

41. Our Principles state that public organisations should, if possible, return the person affected to the position they would have been in if the poor service had not occurred. With that being said, Homes England should pay Ms L £227.09 to reimburse her for the increased mortgage payment she paid. It should do that within two weeks of the date of our final report.

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