That tells me what I need to know. I think you have a claim. I think it’s a reasonable claim but it’s not an easy claim for reasons which I will tell you. It’s not one that I would take to court but I would refer it to the Financial Ombudsman Service. If the Financial Ombudsman finds in favour of the lenses, my personal feeling is that I would let it drop. You may find one of the firms of ambulance chasers who are looking for mortgage mis-selling claims would take it no win no fee and if you can do, all to the good, but just don’t pay any money for that service. If they are confident that they can succeed in bringing your claim, then they will have no problem in putting their money where their mouth is and delete it on a true no win no fee basis.
I’m going to have my judges hat on:
Your daughter did not have to sign the document. You were free to choose any other lender you wished and you were free not to proceed with this remortgage.
What does assist you is that in my opinion you will almost coerced into your daughter signing the document. It seems apparent to me the adviser convinced you that if you wanted this mortgage, your daughter must go onto the mortgage. It is no different in my opinion that if someone was told that they must have PPI as they wanted the loan. I think it’s further been mis-sold by adding your daughter because as you say, she only worked part-time and she was University and hence a student: not the best formula for someone to be responsible for a mortgage!
The fact that you have now fallen out with your daughter is not a reasonably foreseeable consequence of the mis-selling by Halifax. However what is a reasonably foreseeable consequence is that your daughter may want her own mortgage potentially and want to be off your mortgage or may simply want to be free of the liability.
I appreciate that you had accounts with the lender before although that makes no difference. I had a client who had never missed a beat with Halifax (coincidentally the same lender) and who was moving house to a smaller house and wanted another mortgage which was £25,000 less. He had been self-employed for 12 months with no accounts and he got turned down! He got turned down for a smaller mortgage with the same lender so he stayed where he was with the same lender and the bigger mortgage! It makes no sense. That is how mortgage lenders seem to operate.
Going back to your complaint, you are going to have to convince the ombudsman that this was sold to you on the basis that you wouldn’t get the mortgage if your daughter did not go on to it and that there was no reason for your daughter to go onto it because you had enough income to satisfy the lender. I think it’s unlikely you’re going to satisfy the Ombudsman that you had enough income to satisfy the lender’s criteria because there can be no reason why the lender would have insisted on having your daughter rather than having you.
Ultimately, moving aside from your complaint to the Ombudsman, your daughter cannot be forced to remain on the mortgage which is not party to. It appears that she has no financial interest in the property and therefore be a case of selling the, taking the proceeds and buying another one when she is not party to the mortgage.
Can I clarify anything for you?
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