The truth is somewhere in there:
Bradford & Bingley have a record of a telephone call into the branch on 22nd January 1999 from Mr or Mrs Crawford expressing concern that they still have a £41,800 loan on interest only having surrendered the policy four years before when having difficulty paying the mortgage and that the account shouldhave been amended to repayment. Mr Crawford denies this telephone call.
Of course Tom would deny making that phone call, but the other possibility is that Tom didn't make that call, his wife did.
Bradford & Bingley have also produced a document entitled a Customer Needs Analysis. It is apparently signed by Mrs Crawford on 29th January 1999. The document contains reference to the lack of arrangements to pay off the mortgage and that the mortgage is to be re-arranged onto a repayment basis to make sure the debt is gradually repaid.
Customer Needs Analysis, reads to me as, they sat down and they explained the situation to Mrs. Crawford and had her sign a document to cover their asses in case the Crawfords later tried to claim that the bank had defrauded them, which of course they did anyways. But again, only Mrs. Crawford is involved.
“I cannot apologise enough that your account is currently on a Part Endowment, Part Capitaland Repayment basis. I have checked through my records but I am unable to find any instructions from you to change your account onto a Capital and Repayment basis.”
Here the bank apologizes for the lack of an endowment policy as explained to Mrs. Crawford in January.
The letter contains an offer to recalculate the balance of the account as though it had been converted to capital and repayment from 1stJanuary 1995.
Here the bank is extremely generous and offers to retroactively treat the mortgage as repayment for 4 years.
there is one point that Mr Crawford is equally firm about; he did not accept the offer in that letter to convert to a repayment mortgage, he didn’t see why he should
But why Tom, why did you refuse? Did the wife fail to tell you that you had to renegotiate the mortgage because she stopped paying the endowment? Did he even know that failure to renegotiate it would mean he'd get evicted eventually? Or was he just stubborn and didn't want to face the consequences of cancelling the policy? Or could they simply not afford the higher monthly payments of the repayment policy?