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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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This is not so much legal as more general advice what to do.

Customer Question

This is not so much legal as more general advice what to do. (1) We were promised a mortgage through Abbey (Santander) and a faxed copy was sent to our solicitor on 20th December. Unfortunately it was for £4000 less than our mortgage adviser had asked for and so they went to our main mortgage lenders (in respect of the remortgaging of our house in Torquay which we own)The Mortgage Works (using Nationwide we understand) who upped their offer to £103,000. This increased offer came through on the 3rd January we were told this by our Mortgage Adviser. However she also told us that on the same date Abbey had pulled out from the offer because the offer was in my name only and the offer from Mortgage Works was in both our names and it looked as though my husband was 'gifting it to me' and therefore they were withdrawing their offer. We were then told by the Mortgage Adviser that they would instead go to Skipton Building Society for the £55,000 we required to complete on the purchase of a house in Bovington, Wool,Wareham. They did this on our behalf and £595 went out of my account to Skipton, then 4 days later we were told that we were no longer pursuing with Skipton (£595 came back into my account)as they had not done the promised Valuation of the property on the day they promised. They were instead going back to Abbey who had said (we think under some duress by the Mortgage Adviser) they would come back in and they would put the offer in both our names (even though my husband is over 75 years and not normally eligible). We were told that this would be okay on 9th January. This was confirmed again verbally on Friday 11th January and then again on Monday 14th January. The last time we spoke to the Mortgage Adviser she told us that Abbey were seeking the signature of someone high up in the organisation to authorise this offer and then it would come out. That was on Wednesday 16th January. We have had no further word from anyone and are trying to patiently wait. Because of this mess. We had let our house to our previous next door neighbours in Torquay who needed 3 bedrooms and not 2 and they moved in in early January. We had been allowed to put our furniture into the house we want to purchase in Bovington on 19th December as we understood the offer was coming through on that date and everything was ready to go forward and it was the last remov al date we could get before Christmas. As we could not retract from our offer to our neighbours and they had already handed in their notice on the house they rented next door we could not go backwards so we moved to liv e with our daughter in Hertfordshire. We are living in their dining kitchen, and sleeping on a sofa bed. We have been here since 21st December and no one at Connells office in Wareham (that is where the Mortgage Adviser is based) seems at all concerned at our plight. The purchase of this two bedroomed house was agreed towards the end of Septemb er and we we were told it would only take 8 - 10 weeks on the outside to get it all through because we owned our house in Torquay and would be getting a good rental of £675 a month which would cover all our mortgage costs. We were told on numerous occasions by the Mortgage Adviser during this time that both offers were out and we were just waiting for building regulations on a chimney that had been removed and checks on surface water needed to be done and when we were told that these had come back in we thought we were ready to go and plannded everything accordingly. Only to find that the Mortgage Adviser had been lying to us and only one offer had come out 'The Mortgage Works offer' and the Abbey one was still awaited, despite her assurances to the contrary. We feel we have been badly let down, not only by our Mortgage Adviser at Connells of Wareham but also by Abbey Santander. Can you please advise what comeback we have and what we should do. Carol and John George

Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

In short you were made an offer and it was withdrawn and you want to know if there is anything you can do - is that right?
Customer: replied 3 years ago.


I am concerned about


(1) how much longer it will take for Abbey Santander to come out with the offer they insist should be in both names


(2) about the lack of trust I have in the mortgage adviser based in Connells Wareham office has been found to be untrustworthy in the past but appears to be trying to get this offer through to us now.


(3) about the lack of care provided by Connells in the whole handling of this purchase.


(4) what steps I can take to improve the situation.

Expert:  UK-Justice replied 3 years ago.
You would do well in raising a formal complaint about the bank and Connells.

Those complaints would be investigated.

If you are not happy with the response then you can complain to the Financial Ombudsman.

They are free, independent and can examine your complaint for free.

They can be found at:

www.financial-ombudsman.org.uk

You can also complain to the Ombudsman about Connells.

They are at:

www.tpos.co.uk

They can make recommendations and suggest compensation.

I would suggest you go down this route - as this is free.

If you went to Court it could be expensive but if the Ombudsman finds in your favour - then you can always consider this route later.

But first step is a formal complaint and the Ombudsman.

This is likely to make the lender act quicker - which is what you want to happen.

I hope this helps.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for your advice, however we are concerned that if we do make a formal complaint the lender might then make it more difficult for us and not make an offer because of the exception they are making in adding my husbands name to the offer (although this is at their request and not ours) We we will wait a little longer before making a complaint, although I am not sure what form to use to make this complaint if it got to that point. WShat does the term 'formal complaint' actually mean in practice?


 


However I do appreciate your suggestions as to how we may move foward even though at this stage we are still hopeful they will come up with offer. When this is over we will definitely lodge a complaint re Connells lack of support but mostly about the behaviour and actions of the Mortgage Adviser there who although she works in Connells office is somehow not directly working for them.


 


Any advice as to how dangerous it would be for us to make a formal complaint to Abbey now would be welcome. Do you think it best to leave things for a week to see if an offer is forhtcoming?


 


 

Expert:  UK-Justice replied 3 years ago.
You write to Head Office and make a formal complaint.

It is a matter for you if you wait - I can only advise what in law, you can do.



Customer: replied 3 years ago.


Thank you for your suggestions

Expert:  UK-Justice replied 3 years ago.
Welcome and good luck.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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