Kathryn Cooper and Dipesh Gadher
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Homeowners are being overcharged by up to £50,000 in a mortgage scandal involving some of Britain’s biggest banks and building societies.
Evidence drawn up by an independent financial auditor reveals a catalogue of mistakes made by Nationwide, Alliance & Leicester and Abbey that led to some customers being overcharged interest for up to 15 years.
The blunders centre on repayment mortgages – the most popular type – as their complexity makes it hard to spot mistakes.
Last night Jim Cousins, a Labour MP on the Treasury select committee, described the evidence as “extremely worrying” and called for random checks on mortgage providers to determine the extent of the problem.
Out of more than 30 mortgages reviewed by BankCheck, an auditing firm, the interest charged on monthly repayments was wrong in all the cases – and always to the customer’s detriment. The lender never lost out.
In one case, a farmer was overcharged £56,520 by Nationwide following two separate mistakes, but the building society, blaming human error, only refunded the money after BankCheck high-lighted the problems.
Trevor Hillen, a director of BankCheck, said: “On the law of averages, you would expect 50 per cent of mistakes to be in favour of the customer and 50 per cent in favour of the lender. However, we always see them in favour of the bank.”
Although the lenders insist the problems unearthed by Hillen’s firm are one-off errors, normally due to mistakes in keying in data, they adopt very different procedures to monitor their mortgage accounts.
While Alliance & Leicester claims it reviews accounts and data on an “ongoing” basis to ensure interest and repayment rates are correct, Nationwide and Abbey admitted they do not make routine checks after the initial mortgage offer is accepted.
As repayment mortgages require monthly payments that include some of the capital borrowed, they are more difficult to calculate than interest-only loans.
One case involved a 46-year-old businessman who took out a £15,000 mortgage with Alliance & Leicester in the 1980s and was quoted an 11.75 per cent rate. It should have been 11.25 per cent, and the society continued to overcharge by 0.5 per cent for 15 years.
Alliance & Leicester says the wrong figure was keyed in and has refunded £2,189.
The businessman said: “I think people have every right to be sceptical about banks and building societies.”
Terry McDowell, 52, an aero-space engineer from Ballyclare, Northern Ireland, was undercharged by Abbey for a £19,000 mortgage taken out in 1982.
The mistake only came to light in 2004 when McDowell received a statement telling him the bank had extended his 25-year mortgage by six years. When he queried this, the bank doubled the repayment figure overnight. BankCheck calculates he is out of pocket by up to £7,000.
Abbey insists McDowell misunderstood the terms of the agreement, a view shared by the Financial Ombudsman Service when it reviewed the case. “Checks are built into our mortgage processes. We are confident that this process is robust,” said Abbey.
Alliance & Leicester claimed new computer systems meant the type of mistakes uncovered in the audit could not reoccur.
Nationwide said mistakes occurred in a “minority” of cases. “We are confident in the integrity and accuracy of our systems.”
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The best thing you can do is to track your own repayments and keep an eye on your interest calculations. You can use a spreadsheet (if you are good at the maths), or just download one of the better mortgage audit software packages out there and let it do it for you (I use the one from www.HomeMoneyManager.com). My bank had set up the wrong rate, and was overcharging me £49 a month, but luckily the software pointed it out straight away.
Celine, Epsom, Surrey, UK
I recently discovered that my"portable "mortgage had been extended by two years and eight months ( a mistake).
However First Trsust Bank have responded by saying that only the rate was "portable, not the original term.
Completely in contrast to definnition of "portable", will not admit that it is an error.
Case now with Ombudsman.
SINEAD BARNES, Ballycastle, nth Ireland
When I got my fiirst mortgage I asked the mortgage company if they could explain how the interest was calculated, so I could check up on them of course. First they declared that it would be too complicated for me to understand so I told them I had A level maths and compound interest was more O level stuff anyway, then they admitted that they couldn't find anyone who did understand it who could explain it to me. Highly unacceptable as somebody was calculating how much interest I had to pay them. Later I found out the interest is top end loaded so you pay most of it up front in the early years so if you manage to finish paying your mortgage early you will have effectively still paid interest on money that wasn't lent for the full term of the mortgage. I'd like to see mortgage deals not just concerning interest rate levels but agreements on how it is calculated.
Robert Binsted, Eastleigh, UK
So can we expect to see prosecutions? Can we expect the Governemnt to pay for our accounts to be audited, to see if the banks have 'mistakenly' ripped us off? This is bordering on the criminal. I will be contacting BankCheck to look at my mortgage interest over the years.
caroline, Dover, UK
The way around this is for buyers to ask the mortgager for a copy of the calculations behind the figures for every yearly statement. The fact that the mortgager gets it wrong does not detract from the accountability of the mortgagee to carry out scrutiny of the transaction detail. 'Caveat Emptor' - 'the buyer beware' is an important principle especially when money is at stake.
Barry Faith, Wimborne, UK
I would like to see Building Societies and lenders use the same system as in France. Before a contract is agreed, the capital depreciation payments, by payment , is printed out with the anticipated interest for the whole term of the mortgage, eg for a 10 year mortgage, paid with instalements every 3 months, there are 40 lines showing exactly what the prospective borrower should owe, and has paid in interest at any time. For fixed interest mortgages the interest paid is clearly shown as a separate colomn and is also included. This payments schedule is an integral part of the conract.
That way the borrower can monitor clearly how much capital is still oustanding on the loan at any time. Each payment is receipted and the capital outstanding after each payment is shown on this receipt, so the lender can ensure that payments are being made towards the capital and the interest as per the original contract.
Marita Gray, Mulhouse, France
Week in, week out we hear about these "mistakes" and how they cost customers money which is only refunded only after exhaustive and in depth examination by the banks. From leaving customers' statements and paid in cheques in rubbish bags to piling on penalty charges unreasonably the banks in this country get to do pretty much what they want unchallenged. The problem is that after being caught out, nothing is ever really done. A little slap on the wrist, maybe a tiny fine or reprimand - That's all we ever see. Newspaper column inches don't change anything. If banks were actually given a taste of their own treatment, with truly massive fines dealt out and new laws introduced to curb their unscrupulous dealings then they would be far less likely to behave as they do. Until this happens, we'll continue to read these stories and complain to each other how sick of the banks we really are, but will never see anything change for the better.
Matthew Smith, Epping, Essex
I feel the banks should provide a detailed statement to the borrower showing the interest calculations. I have various interest only, repayment and offset mortgages and the statements I receive either just shows one figure for each month or in some cases just an annual figure! I am an accountant and I can never work out how they have calculated the interest. It is especially worrying on the repayment and offset mortgages where the interest should be calculated daily on the reducing balance of the mortgage.
Nadi, Poole,
It's common knowledge that all banks operate a "Differences" department which checks for mistakes in accounting. Their policy when they find differences is simply if it's in the customers favour they point it out and claw back the money; if it's in their favour that someone else's problem.
Leroy, Ilford,
Banks and building societies ought to be severely penalised for mistakes they make, and an independent charter of performance should be kept and made public.
If the public make a banking mistake, say for example accidentally exceeding an over-draft limit; they get severely penalised. So why should it be any different for the banks?
With today's technology and process development know-how, there is simply no excuse for the banks to make these mistakes.
nico, sydney, oz
If mistakes are more than 70 - 30% in the lenders favour, it's fraud. And criminal fraud at that. It cannot be by accident, the mathematical laws of probability and chance don't allow for that. To repeat - it's criminal.
Why doesn't the Sunday Times report these bank to the police?
B Clark, London,