Worth a Money Claims Online try?

[Terry Wainwright]

Thanks for looking. I have a frustrating situation, and am trying to decide whether it would be worthwhile or not to make a claim. It would be the first time I've ever done it, so it's very hard for me to judge whether to proceed.

My wife and I jointly own a property, which has an outstanding mortgage but which is solely in her name (I know: this is very unusual, but yes - I am 100% sure of these facts!) I wish to remove my name from the title to avoid being hit by the new stamp duty regime on additional homes when I myself buy something soon.

A solicitor quoted me about £400 for this. I then rang the Land Registry, and was told if I want to do it myself I can fill out three forms & submit them online with a £20 fee. I'd much prefer this quicker & cheaper route. However, because of the charge on the property they said I would have to get a letter from the bank saying they have no objection. I explained to them I am not a party to the mortgage, but they said it doesn't matter to them - I have to get it.

The bank is willing to 'release' me, and even though I strongly feel it should not be necessary as I have no mortgage/contract/agreement with them, and therefore should not be beholden to them in any way whatsoever, I am willing go along with it just to get it done. However - the bank says it is compulsory for "us" to appoint a solicitor to handle the matter.

I have sent a letter of complaint, re-iterating what I told them on the phone - I shouldn't be forced to instruct a solicitor under these circumstances. I wish to remove my name, and my wife agrees to it.

If they do not reconsider their position, and I am forced to incur unnecessary legal costs (because of their policies/despite there being no contract/agreement between us) for what would be a £20 DIY cost, is it worth trying to recover the costs from them via MCOL?

I've anticipated replies along the lines of 'the bank is making your wife/their customer appoint a solicitor, not you/this might be allowable in her terms & conditions' - but I specifically told the bank that I want to remove myself, and that my wife does not object. Any agreement between her and the bank should not impact on me.

By the way, I haven't looked at the terms & conditions of her mortgage as yet. This is between me and the bank to my mind.

 

[Bob]

I can't see why the bank should provide you with the letter you require without their instructing a solicitor at your cost. As you say, the bank have no agreement with you and you are not therefore their client. They similarly are not beholden to you.The bank staff are not legally trained and would not have the expertise to consider any implications of the action that you are proposing to take. Good luck with an MCOL claim

 

[Charlie B ACS]

Thanks for looking. I have a frustrating situation, and am trying to decide whether it would be worthwhile or not to make a claim. It would be the first time I've ever done it, so it's very hard for me to judge whether to proceed.

My wife and I jointly own a property, which has an outstanding mortgage but which is solely in her name (I know: this is very unusual, but yes - I am 100% sure of these facts!) I wish to remove my name from the title to avoid being hit by the new stamp duty regime on additional homes when I myself buy something soon.

Sorry, but you jointly own it, it is solely in her name, and you want to take you name off? Sorry, this makes no sense at all.
If you jointly own it, why take your name off?
If it's just to avoid stamp duty, then I sincerely hope you get reported. As for "Moneyclaim online" the clue is in the title, what money are you owed?

 

[ethical PR]

' Is it worth trying to recover the costs from them via MCOL?'

No