The inherited mortgage file

The file Topaz is using against my home

A file can contain genuine documents and still give a misleading account. My concern is what someone reading this file would believe: that I agreed a repayment arrangement, received an ongoing interest-rate reduction, stopped working as a paramedic years earlier, and had not put Topaz on notice of my objections. The documents tell a different story. I have asked the Financial Ombudsman Service to investigate these problems before the file is relied upon against my home.

Topaz Finance, trading as Aspiro Mortgages, warned me in June 2026 that possession proceedings might follow if the claimed arrears were not paid or a plan agreed. On 29 July 2026 it wrote that it had instructed its solicitors to commence possession proceedings, claiming arrears of £25,591.21. The same letter says Aspiro had been “unable to agree a suitable payment plan” with me, yet Topaz’s entry on my credit file records an “Arrangement to Pay”. I dispute those arrears, and Topaz is attempting to repossess my home using a file that is in dispute for the reasons set out on this page. On 1 October 2026 the Financial Ombudsman Service opened a complaint against Aspiro and said it would ask Aspiro to put any legal action on hold while the complaint is looked at. I have asked what Topaz holds and how it will handle my objections.

The record Topaz received

Nine problems with the file

Each point identifies what appears in the disclosed material, where to find it and the impression it could give if the surrounding record is missed. My allegation is that the presentation is selective.

01

An agreement I say I never made

The Bank’s 1 July instruction in Topaz Batch 9 says it had “agreed” a 0% rate with me; its 17 July letter says I had agreed a plan. A separate 4 July email from a Capita servicing employee, found in the Co-op disclosure, says I had “consented”. The 11 June call summary records no agreed action.

My 26 June reply challenged the Bank’s conduct and asked why it had not offered me a zero rate in April 2019. I was not giving it permission to apply the rate, agreeing to a repayment plan, accepting arrears or affirming the contract. I had withheld my own payments since mid-2024 because I did not intend to affirm the contract. I made no payments after that email; the only payment the Bank received was the single £610 SMI payment, which I addressed in my written notices. I made no agreement to a payment plan. The firms should identify the agreement they say I made. The Bank later told Topaz that it had “unilaterally applied” the rate, and that I “had not asked them to apply one”.

Record: Topaz B9 p.72 and pp.74–76; B11 p.1; Co-op E-CON-03, 4 July; servicing diary pp.103–105; E-SOL-09 p.3.

Why it matters: An internal assertion and a rate change could be read as my agreement, while my protesting reply and TLT’s later acknowledgment are missed.

02

Someone else’s Ombudsman decision

My investigator’s view is followed in the Topaz production by a decision about another couple. Their decision continued a 1.25-percentage-point reduction; my Final Decision did not. The redress awarded in my decision stopped at November 2022; that is not the limit of the correction I seek. My actual Decision was not located in the file supplied to me, and TLT did not specifically confirm whether Topaz holds it.

Record: Topaz B8 pp.87–90; my Final Decision pp.21, 23–24; TLT, 16 July 2026, ¶11(b).

Why it matters: A reader could mistake another couple’s continuing reduction for the outcome of my complaint.

03

My objections separated from the Bank’s account

The Bank’s agreement assertion and confirmation are in Batch 9. Some of my May–August objections survive in later Batches 10–13, and the complete 26 June reply is in Batch 11. They are not carried through the diary’s sequence from the 25 June offer to 4 July implementation. Topaz’s DSAR cover says no MAS5 call recordings or transcripts were transferred; that does not mean there are no staff-written notes.

Record: Topaz B9 p.72 and pp.74–76; B10–13 customer correspondence; B11 p.1; diary pp.104–105; E-DSAR-02 p.2.

Why it matters: Read in file order, the Bank’s account can look unopposed even though my written objections are elsewhere.

04

The payment without its context

A real £610 Department for Work and Pensions payment received on 8 July 2025 is recorded in Batch 9. My 28 July notice, saying that any such payment was under duress and did not acknowledge the debt, is placed in Batch 12. The Bank’s Legal Department said it had placed that notice on my file.

Record: Topaz B9 p.120; B12 pp.30–33; Bank Legal reply, 31 July 2025.

Why it matters: The receipt alone could be mistaken for voluntary acceptance of the arrears or an agreed plan.

05

My notices to Topaz missing from the production

Batch 9 contains the 11 August termination notice copy addressed to Western Mortgage Services, the servicer. The separately addressed Bank/MAS5 and Topaz notices were not located in the produced material. Nor were the four Special Delivery letters I sent directly to Topaz, for which I hold signed delivery records. TLT did not give an item-specific account of those notices.

Record: Topaz B9 pp.80–81; E-CON-16; delivery records; Ground 11 ¶50; TLT, 16 July 2026, ¶11(b).

Why it matters: A reader might wrongly think Topaz was not put on notice that I disputed the account and transfer.

06

Dates that need explaining

The solicitors’ pre-action letter addressed to me is dated 3 April 2019. A 9 April servicing-diary entry records a solicitor email saying the warning letter was issued “today”, alongside an entry about proceedings. A letter date, an email date and a diary-entry date are different things. I have asked for the original emails, dispatch record and native audit trail.

Record: E-LIT-28 p.1; servicing diary p.32; Ground 11 ¶53.

Why it matters: Without those records, the sequence before my April 2019 illness and injuries can be read wrongly.

07

An undated employment note

One standalone contact-note sheet says I “was a paramedic but had an injury and gave up” and that I was due £50,000 from the ambulance service. I dispute the £50,000 figure and the note’s characterisation of my injuries and employment. The sheet is undated in the Topaz batch, while the diary and FOS file place the note on 10 October 2012. I returned to paramedic work afterwards; later records refer to that work.

Record: Topaz B12 p.58; diary p.5; FOS file pp.766, 809; Ground 11 ¶51.

Why it matters: Without its 2012 date and later work history, the 2012 assertion can be mistaken for my position in 2019.

08

Redress presented as my payment or a settlement

The Bank’s £34,105 redress credit of 21 October 2024 appears in different records as “Standing order received”, “MAS SVR SETTLEMENT” and “BANK PAYMENT”. I did not make that payment or agree a settlement of my complaint.

Record: Topaz B8 p.169; SSR0108 transaction spreadsheet, row 588; Front, section 3(8).

Why it matters: A reader could mistake a Bank credit for money I paid or for my agreement to settle.

09

Eighty wholly blacked-out pages

Eighty pages in the disclosed batches are wholly redacted, in sixteen runs. Their locations are recorded below; their contents and original dates are unknown. Some runs cover enforcement periods, and some cover periods of poor mental health that I say the Co-operative Bank’s enforcement caused. The Ombudsman needs to review the redacted pages Topaz holds, because the Service has not seen my full file, even though it was requested twice during my investigation.

Show the sixteen recorded runs
  • Batch 2: pp.88–99.
  • Batch 3: pp.49–57, 87, 90, 107 and 113.
  • Batch 5: pp.63–68, 78–84, 86–90, 132–136 and 151.
  • Batch 6: pp.31–41 and 132–135.
  • Batch 7: pp.88–95, 119–121 and 185–189.

Record: E-DSAR-03; Topaz Batches 2, 3, 5, 6 and 7; completed page-level redaction audit.

Why it matters: Neither I nor someone later relying on the disclosed file can assess what those wholly hidden pages would show.

Explore the batch sequence

Same documents. Different order. Different impression.

The Bank’s 1 July assertion of agreement is at Batch 9, page 72. My complete 26 June reply is at Batch 11, page 1. In numerical batch order, 111 pages intervene. That is the arrangement of the disclosed PDF; I ask Topaz to disclose how the same material is arranged in its own system.

Choose a batch to see its page groups. Switch between file order and correspondence date to see how the selected messages read in context. The colours distinguish Bank material, my correspondence, mixed threads and other records. Whole-page blackouts are shown without guessing their contents.

Field visits, repossession threat and meeting conditions

29 Mar
11:30
First field-agent visit recorded.
Fieldcall FC812679 attendance table, extract p5.
10 Apr
12:15
Second field-agent visit recorded. The diary receives the report summarising both visits on 15 April.
Fieldcall extract p6; diary p101. Visit dates differ from report-receipt date.
23 Apr
Repossession threat before renewed contact. Fifteen-working-day demand, followed by solicitor referral and possible repossession. Both disclosed letter versions bear this date.
B9 pp27–28 / pp59–60; diary pp101–102. Printed date 23 April; Jon recalled 25 April.
8 May
Jon requests a Manchester meeting. Vulnerability letter sent as the solicitor deadline approaches. Nine attachments: letter, Rapid Secure record and seven screenshots.
Retained sent email. Covering email: B10 p34; attachments not reproduced in that wrapper.
9 May
Bank invitation 1. Current income and expenditure, then “if needed, set up a face to face meeting, as you have suggested.”
B10 p33 · first invitation expressly qualified by “if needed”.
14 May
Earlier call: financial disclosure refused. Jon wants a meeting with management. The diary records “Mr refused to provide I&E”.
Diary pp102–103 · before the 22 May directors referral.
15–22 May
Jon maintains the dispute. Attributes the difficulties to the Bank, sends historical payslips and repeatedly requests the April 2019 account position. On 22 May the Bank says the emails have gone to directors.
B10 pp28–33 · balance requests continue on 4 and 5 June.
2 Jun
Bank invitation 2, sent on behalf of Smart. A financial review with [name removed], “following which we can make arrangements for a face to face meeting.”
B10 p27 · also attached to Jon’s 2 July complaint at B12 p13.
9 Jun
Bank invitation 3. Willing to engage and meet “once we have details of your current financial situation”.
B10 p23.
9 Jun
Jon’s reply: “Our positions differ”; agrees to speak to [name removed]; “I look forward to meeting you soon.”
B10 p22 · financial information recorded on 11 June, diary pp103–104.
11 Jun
Financial information supplied. Diary records completed I&E and Bank review, after the directors referral and repeated meeting conditions. Agreed actions: N/A.
Diary pp103–104 · separate from the 14 May refusal.
25 Jun
Bank offers 0% as support and asks whether to implement it. Jon replies by quoting the 2 and 9 June meeting promises and saying he supplied the information.
Bank: B10 pp18–19 / diary p104. Jon: B10 p18 / B11 p2.
9 Jul
Bank confirms implementation and refuses the meeting. Having reviewed the circumstances and put measures in place, “we do not feel a face to face meeting would be productive”.
B12 pp25–27 · intervening objections and consent assertions appear below.

Topaz batches in file order

Page position within each file. Equal band widths; different page totals.
Bank letters / statements Bank / servicer emails Jon's letters Jon's emails Both directions in thread Other records Not classified Whole page hidden
BatchFirst page → last pageW / P / F
Recorded redactions: 80 whole pages · 80 partial pages · 89 field/template pages
W: whole page. P: top ticks. F: bottom ticks. Separate diary: 26 partial pages.
B1–8: existing correspondence indexes; hatching marks unclassified pages. B9–13: detailed block audit. Hidden contents and dates remain unknown. B2 pp80/102 remain manual-check items.

Earlier objections, later file positions

Selected communications, one specified appearance each. Repeated copies remain in the source schedule.
8 August: response to the 0% extension/invitation to decline. Debt and arrears expressly disputed. B12 p46, quoted inside the 13 August chain.
11 August — Jon’s termination notice sent to the Bank/MAS5 and Topaz. Only the copy addressed to Western Mortgage Services Limited is located at B9 pp80–81. The separately Bank- and Topaz-addressed copies are not located in the produced material. This later WMS copy does not restore the missing earlier objections.

Adapted from the completed 20 September 2026 batch/date audit. The original visualization remains unchanged. The thirteen disclosed batch PDFs contain 1,818 pages; the servicing diary is a separate 107-page document.

The June–July 2026 exchange

What I asked. What TLT answered.

I raised these file problems before renewed enforcement. TLT replied and defended the transferred records. Its 16 July response grouped several questions into general search and accuracy answers; it did not resolve the specific points below. TLT also said Topaz held no MAS5 call recordings or transcripts.

My questionWhat the response resolved—and did not
Does Topaz hold my actual Final Decision?The reply gave a general answer about searches and disclosure. It did not specifically confirm whether Topaz holds the Decision or explain why another couple’s decision appears in my file.
Which communication establishes my agreement?TLT said in May that the rate was a forbearance measure that did not need my agreement. In July it defended the Bank’s entries as historical notes, but identified no call, email or letter in which I agreed to a repayment plan.
Where are my notices and objections?Some objections are in later batches, and the WMS-addressed notice is in Batch 9. The reply did not give item-specific locations or a processing account for notices sent directly to Topaz and the Bank.
Were disputed entries investigated and marked as disputed?TLT said the records reflected contemporary MAS5 notes and denied improper curation. It did not specifically confirm the requested correction or supplementary statement about the claimed consent, employment history or supposed settlement.

Sources: my 18 June 2026 letter, ¶20(g)–(m) and ¶¶22–24; TLT’s 20 May and 16 July 2026 replies, including 16 July ¶¶10–11; completed TLT correspondence review. The response is reported for what it says, not treated as an admission of my allegations.

Before any reliance on this file

The question before enforcement

Before this file is relied upon against my home, who will establish that it gives a complete and accurate account—and that my objections travel with the assertions I dispute?

Continue: coordinated conduct and disputed consent →← Back to the homepage