Well my thinking is that it will depend on what paperwork people actually received and when they received it, along with how the mortgage was taken out, i.e. was it people trading up, switching providers etc. It says in the finding:
"Two sets of Terms and Conditions have been furnished in evidence by the Provider. The first set of Terms and Conditions are titled “Standard Mortgage General Terms and Conditions” and stated to be effective from “01/06/2008”. The Standard Mortgage General Terms and Conditions detail as follows "
So did anyone before 01/06/2008 not receive this paperwork ? We certainly didn't. That completely changes how the paperwork can be read as there is no
Condition 14 (c)(ii) that clearly states what the fixed rate would default to at the end of the fixed rate.
As the FSPO has said "he would like to see his decisions in individual cases applied by banks and insurance companies to groups of customers with similar complaints ", then the bank should be compensating everyone with this wording on their paperwork. Will that happen though ?
It also leaves the door open to people who have this wording on their paperwork but did not receive the "
Standard Mortgage General Terms and Conditions” and stated to be effective from “01/06/2008”, as the Ombudsman said in the finding
"Further, whilst I accept that “typographical” errors can occur and in this circumstance that error did not affect the Complainants’ underlying contractual entitlements"
The important bit in that, I think, is he says "
in this circumstance". The circumstances will be different if you never received the "
Standard Mortgage General Terms and Conditions” and stated to be effective from “01/06/2008”
It's a real pity we will have to wait so long to have our cases adjudicated on due to some of the ridiculous cases some people brought to the FSPO looking to get a tracker mortgage. Oh well, such is life. Anyone with this type of paperwork who genuinely believes they should have had or had the option of a tracker mortgage just needs to keep going.