QLD Mortgage Lender Accountability

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Gary

Well-Known Member
2 November 2014
41
0
121
5partner and I are co-owners on a property in Brisbane. In 2009 my partner at the time came to me to tell me that she had been accessing funds from our redraw. That she had a gambling issue. She assured me it wouldn't happen again but I was concerned as she suffers clinical depression and ADHD and can be erratic and impulsive so I contacted the lender and arranged for a block on the account that would require my prior authorisation on the account before any transaction could takeplace. This was done without the knowledge of my then partner and i was happy knowing that the investment was safe. She was been true to her word and in march 2020 we paid thehouse off. When we were arranging the finalisation of the account 2 options were offered 1:pay out the account and close iu OR pay to nill balance leave the account active and that way you can access funds instanins.great if theres an emergency and having account open meant no need to apply for loans and have ýto pay fees etc. My ex relayed this info and I agreed to it. I wasn't concerned cause the loan had the block on it. So fast forward to beginning of July 2022. I notice acharge on my account statement that is attributed to mortgage lender. I ring and find out that my ex has been withdrawing money off the loan without my consent. I went off, what happened to the block? How could this of happened? I guess you can imagine how unhappy I was. I demanded that they start looking into why they had been negligent and grossly incompetent and that this was very unprofessional. When I was given the figure taken out over just 5 months you could of picked me up off the floor 60 grand!! They asked if i still wanted to lodge a complaint and i told them i f**king did and the complaint was against them. They called next day to confirm they had a voice recording of my block request and their acceptance. They said that all access had been removed and they would get back. My ex and i are not together but still friends and live in the home we had purchased. We lead seperate lives and i didnt see her for couple of days. Then when we were home same time i said nothing. A few hours later she approached me and came clean. Had tapped into redraw to get some money to sort out car issues. Wanted to put it back before i knew. It cost more than quoted so she took more. Then started freaking when told engine had turbo issue. Anyway she turned to the tables and machines to try resolve her issues and dug deeper and deeper. She said she would sort it that I wasn't to worry etc. I let her know there was a complaint lodged against company for letting it go unchecked. Didn't mention the blocks. A few days later she said they had contacted her asking questions. Why? My complaint is about them. She said they wanted to know why what she did with it etc. I said why? You haven't done anything wrong. Nothing illegal. 2 days later she got another call. Because she said to them that she told me she would fix it they now wanted to know how she was going to do it and how much extra she could pay onto of the Min monthly. I said WTF? The account isn't behind. It's infront. Later on she said she had an email advising her that the lender had been advised there was a dispute between the co-owners,the account was inaccessible to her till she filled a form in and returned it. The form was about a block being put on the account affectively making it inaccessible without the agreement of both parties. The block that they said had been requested and put in place, the one verified via a copy of voice recording. I told her sign and send nothing and to not speak to them till I got advice. To keep making at least Min monthly amount. My concerns are that it appears they are placing all the blame on my partner and by arranging the letter re block without prior consent that they were attempting to ignore pretend that the 2009 request didn't exist and therefore remove themselves from any accountability. I am fuming. They have not acted professionally they have not bothered to even recognise the flags on the account(I asked how she did it she said she was going to just look but could not remember the password. She answered all, the questions including who is co person on account and they not only gave her a new password they also assisted her with enquiries about redraw.how much how often how quickly does it transfer that was it) they have misrepresented my complaint against them, they have been negligent underhanded manipulative and whilst myex is an idiot she hasn't done anything wrong so why are they bullying her harassing her.what course of action can I take if any.