Off set tracker mortgages

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    I am after some advise please.
    I am looking at a claim where the claimant has an off set tracker mortgage account with a balance of approx £26,000. They pay money into this account, from savings account or current account when they have the money spare. There is no set amount paid into this account. This money will then pay off the mortgage when the mortgage period ends. However they can take money out of this account when they like, which they have already done so as balance was £100,000 a year ago!
    Please can someone let me know if we can treat this as capital as they have access to it, or if it is ‘out of bounds’ for us to consider?
    Many thanks


    Have a read of CJSA/3067/2007 – Credit and debit balances with the same bank may be offset in determining the market value of a claimant’s savings.

    You will need to see the terms and conditions of the savings account. Could the bank theoretically sieze the money in the savings account and use it to pay off the mortgage, say for example if the claimant fell into arrears?


    Sorry – that should be CJSA/3067/2009, available here:

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