How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48741
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have been dealing with a mortgage broker to arrange a mortgage.

Customer Question

I have been dealing with a mortgage broker to arrange a mortgage. I have paid a considerable amount of money in advance and for 6 months have received no result and no offer of a mortage. after being told there would be no problem. In addition they have lost my passport in the identification process what should I do. I would like to recover my funds. if the broker refuses
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Do you simply wish to recover the money you have paid them?
Customer: replied 2 years ago.
Yes - Nothing more
Expert:  Ben Jones replied 2 years ago.
Have you contacted them to see if they would reimburse the money? Also what were the terms dealing with a refund of such a deposit?
Customer: replied 2 years ago.
In the premliminary discussion I had with the broker where I asked him what would happen if things didn't work out he gave me to understand that only the money for the survey would be returned as this has not been carried out. Foolishly I did not discuss the terms of a refund. I was led to believe that there would be absolutely no problem whatsoever with obtaining a mortgage on the basis of the information I gave them which was quite extensive so they were under no illusions as to my situation. I have thought about putting something in writing to them outlining the reasons for my dissatisfaction. with regard to the passport which they have no record of sending it to the various companies by registered post it is a considerable problem for a variety of reasons as I am working abroad at the moment ( its another issue)
Expert:  Ben Jones replied 2 years ago.
You could certainly try and pursue them for the refund of the fees because they have not provided you with the service which you paid them for. Whilst there may have been no guarantee that they would find you a mortgage within a specific time (after all it depends on the lenders themselves, rather than the broker), if you no longer wish to use their services and there has been an unreasonable delay in providing results you could ask for the money back. There may be a slight deduction for work they have actually undertaken on your behalf, but as no results were actually provided, the majority should be refunded. In the first instance you could write to them and if that fails you may wish to consider your next steps. You can use the Financial Ombudsman for an impartial resolution service, or you could go directly to the small claims court. This is your basic legal position. I have more detailed advice for you in relation to the exact steps you need to follow to pursue this further if needed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and 3 other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your rating. I you decide to take matters further to court, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Hope this helps