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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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Halifax have admitted that they made a mistake - human error

Customer Question

Halifax have admitted that they made a mistake - human error on their part on mortgage in principal and mortgage illustration doc that they have sent me and now say they cannot give me that mortgage and will refund all costs to me and pay me compensation - can I force them to continue with the offer or how much compensation can i expect?
Submitted: 2 months ago.
Category: Law
Expert:  Alex J. replied 2 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have you exchanged contracts? Have you spent money on a survey or other professional fees? How much loss have you suffered? Kind regards AJ

Customer: replied 2 months ago.
Have paid for Halifax valuation which was carried out last month - they will refund that fee, also the product fee.
They requested that damp proofing should be carried out which was completed friday so after 3 months of jumping through various hoops with the halifax they then told us on Friday that they had made a basic error right at the beginning which was that the mortgage advisor had failed to follow the guideline of not remembering that they do not allow borrowing of more then 4 income on loans of over 500k and therefore should not have approved us, taken fees and sent us mortgage illustration. We have also paid for a homebuyers report, moved from NYC to london (which we were going to do anyway - so they say they will not pay for shipping but will pay for storage). We are going to have start from scratch now and are applying for a new mortgage with other banks. We will need to move to new rented accommodation as the present one was only for 3 months as we were expected to complete by now, We will need to buy winter clothes as we arrived with a suitcase each for the summer months expecting to have access to all our shipped possessions. We will need to pay for legal advice to this point, the new financial advisor acting for us.
Expert:  Alex J. replied 2 months ago.

Hi, Thank you. Ultimately all mortgages are subject to contract, and therefore you cannot force them to lend. That said you paid them a fee and acted in reliance of their banking experience, so they are in breach of contract and should pay you for any losses you actually incur. As a starting point have you provided them with an itemised list of everything you want to claim? Kind regards AJ

Customer: replied 2 months ago.
They have asked me to send them this list but I haven't yet - have had severe migraine since Friday and feeling very stressed so have been putting together list but obviously will not have receipts for these things - I don't wanly incur the expense and then wait for them to pay....
They have said they will pay compensation on top of my expenses - do you have any idea what that amount approx should be and can I challenge it?
Expert:  Alex J. replied 2 months ago.

Hi, Thank you. If they make you an offer of compensation then you can always counter it with an offer. If they are paying your expenses which are your main loss, then they are unlikely to offer more than £500 - £1000 - but it really depends how seriously they are taking the issues. If they do not offer adequate compensation you can make a complaint to the Financial Ombudsman, who has the power to award compensation. Kind regards AJ

Customer: replied 2 months ago.
How do I handle this so that I get the best compensation? What exactly do I need to do?
Expert:  Alex J. replied 2 months ago.

Hi, Thank you. If this was a contractual claim, i.e you sued them in court, you would only be able to claim your actual losses. As a starting point what are your expectations for compensation? Will you lose the opportunity to buy the house?

Customer: replied 2 months ago.
I'm sorry I waited as long I could for your answer but spoke to another lawyer this morning.
Thanks.
Expert:  Alex J. replied 2 months ago.

No problem. I wish you the best of luck. If I can assist any further please let me know. Kind regards AJ

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