Complaint against IP - McCambridge Duffy CR0209

[gallifrey]

Hi, first post on here so be gentle with me

I managed to successfully complete my IVA in June 2013 due to a full and final settlement of funds introduced by my father.

Initially my first impressions of McCambridge Duffy were very good from the introducer Colin Reynolds, to the staff who helped set up my IVA which came about at a low point in my life of being diagnosed with PTSD after a bad assault at work.

This seemed to change after my IVA was set up in February 2011, with mistakes made on several occasions with income and expenditure sheets reverting to the previous years figures and an accusation that I had not paid overtime funds which were due, even though they had been paid months before. This was eventually resolved and I thought at the time that some members of staff there were very rude in their speech and telephone manner.

I managed to complete my IVA early in June 2013, one of the reasons being that I no longer wished to have any further dealings, but imagine my astonishment today when I found that they still have a restriction in place on my residential property, even though this should have been removed at the time of the closure. Furthermore i felt that the member of staff i dealt with today was very rude on the phone and I have not been assured that this matter will be dealt with expeditiously in fact it is stopping me remortgaging.

30/03/2016 - I have today received an email from McCambridge Duffy that the restriction on my property will be removed and that the RX4 will be sent today.

This is still completely unacceptable though in that it has delayed a remortgage and caused me additional stress etc when I'm still having ongoing check ups after having hodgkin lymphoma cancer. The fact is clearly the original RX4 wasn't sent by recorded delivery and the land registry had no record of it being sent.

I received an apology but in the circumstances and due to the other issues during my IVA coupled with the rudeness of staff I don't personally think this enough, having submitted my written complaint, I have not yet received acknowledgement of it a week later, any ideas on how to progress this complaint.

[Foggy]

Hi. Sorry to hear that you are having problems. We do hear very few complaints with this firm.

You have to go through the company's formal complaints procedure, which it sounds as though you might have already started. If the complaint is not resolved you can then escalate to the Government Gateway, which will direct a complaint to their regulatory body.

I would strongly suggest you drop an email to Michael Peoples, whose email address can be found in his profile if you do a members search. He is a senior manager at McCD and I am sure will want to look into this for you.

I would venture to say that the RX1 restriction is not the only hurdle in your remortgage attempts as the IVA will still be showing on any credit searches the lender has made in any event, and, where, in the normal course of conveyancing, the restriction can be easily dealt with, the IVA is a different kettle of fish.

[gallifrey]

Funnily enough the RX1 was the only issue was completely honest with my broker and mortgage company, having checked with them this week they are just waiting on the issue of the binding agreement which they expect to be with me by next week, although I think this is more to do with the amount of equity in my property rather than my credit rating.

That said my IVA will be off my credit file as of next February. I'm just frustrated that McCambridge Duffy don't seem to have taken this as seriously as it is, leaving a restriction on your property is shoddy at best and totally incompetent at worst. The earlier issues that I had with them whilst in the IVA have been compounded by this and sad to say i have no confidence in them as a firm.

[gallifrey]

Update to give Mr Peoples his due, I sent an email to him over the weekend and it was replied to promptly and politely by 10am this morning. I am not happy about the issue I have had, but do appreciate his prompt and courteous update.

[kallis3]

Good to see that Michael is ok - he's not been on here since February and his input is always welcomed.

[gallifrey]

I have read some of his posts on here it does seem that he does a great deal to resolve things for his company's client, I'm just going to wait for their findings now

[Lisa Thomas]

Hopefully this will be resolved to your satisfaction by Michael.

[gallifrey]

Hopefully he was very helpful although the reply I've had today from someone else within the firm would indicate that they consider an apology sufficient in the circumstances, and directs the blame to the land registry, although they haven't confirmed whether the initial RX4 was sent by recorded delivery or not. I am slightly concerned that an important document such as this would be sent by normal unregistered post.

[gallifrey]

As an update just had an email from the land registry confirming that they never received an RX4 to remove McCambridge Duffy's interest in 2013, so have emailed that evidence to them and asked to escalate my complaint further.

[Foggy]

It is not unusual to send a form such as an RX4 by ordinary post, although solicitors generally use the DX system.

It is also not unheard of for organisations the size of HM land registry to lose post once received.

You have a "six of one and half dozen of the other" situation here and it would be impossible to append the blame to either organisation --- could even have been Royal Mail who lost the envelope !

I do find it hard to understand, though guess economics come into play, that HMLR do not notify title holders when a charge is placed on their title or removed from it -- this would provide a check system.

The important thing is that, once appraised of the situation, it has been rectified.

[gallifrey]

I appreciate that they have rectified it but its the other previous issues I had with them, and that they have now been compounded by this. Its taken up my time and effort to resolve it,when it should have been done right first time.. Land Registry would seem to suggest that all paperwork gets logged upon receipt.

[gallifrey]

I think it grates me when I see that they were paid £7500 over the course of the IVA to manage it, only for them to not complete it properly and remove the restriction, if I hadn't carried out a land registry check I would never have known it hadn't been done.

[Foggy]

Maybe, maybe not -- no way of knowing. If, as they say, they sent the form off then they did complete it correctly. As I said above, maybe Royal Mail lost the envelope, or ( and it is not unheard of ) it was never logged into HMLRs system on arrival.

[kallis3]

Agree with Foggy - all companies have postal problems.

[gallifrey]

I might just ask to see a copy of the original form,and to clarify my earlier remark about completing form correctly by which I mean ensuring it was received and had been processed by the land registry.