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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I would like to know if I have a claim against Halifax

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I would like to know if I have a claim against Halifax mortgage for mis-sold of our mortgage. Halifax is now looking into my complaint.
In 2004 Halifax mortgage added my husbands and my daughter’s names on the mortgage, even though I demanded that Halifax put my name on the mortgage instead of our daughter’s as she was single and at University. The bank includes our daughter because she had a part-time job, but the advisor did not take into account that our daughter was single and at University at the time. Since then our daughter asked Halifax to transfer the mortgage into my name and the bank refused. Now we have received two threatening solicitors’ letters from our daughter requesting that the house be sold or she would get a court order forcing us out of the house. Needless to say our relationship with our daughter has broken down beyond repair and we are struggling emotionally as this is very distressing. I continue to help to pay the mortgage even when our daughter refused to contribute to the mortgage. She even cancelled the house insurance without letting us know. The bank did not care about us as the mortgage they sold my husband and daughter was not suitable for us. They should have never included our daughter as I had the funding to pay the mortgage with my husband. My husband and I have always had a mortgage and loans together therefore Halifax mortgage advisor should never have included our daughter.
Do we have a case against Halifax for refusing to put me on the mortgage instead of our daughter? Please advise us.
Thank you
Glenna Lynch ***********
Submitted: 11 days ago.
Category: Law
Expert:  F E Smith replied 11 days ago.

Were you remortgaging at the time?

What would have happened if your daughter had refused at that time?

Have you tried to remortgage now? with another lender? Result

Customer: replied 8 days ago.
Were you remortgaging at the time?
We tried everything, from trying to take out a second mortgage but Halifax was not interested, they did not want to put my name on the mortgage. Our daughter asked if she could sign over her share of the mortgage to me she was willing to walk away without a penny but the bank said no. Halifax Mortgage failed in their duty of care as we all suffered mentally and emotionally. Now our daughter despises us we’re not in a position to buy her out. She refuses to pay the mortgage on many occasions, even cancelling the home insurance.
Halifax did not give us any advice or support; they should never have allowed our daughter to be on the mortgage with her dad as she was single at the time. I pleaded with the adviser to add my name on the mortgage instead of our daughter.What would have happened if your daughter had refused at that time?
Our daughter would not have refused. She wanted to get off the mortgage, but the bank would not let us remortgage and they did not suggest any other alternatives. Halifax bank totally ignored our cry for help. Halifax bank simply refuses to take our daughter’s name off the mortgage; our relationship with our daughter is beyond repair we have received messages from her sating she hate us and does not care if we’re homeless. We are not in a position to buy our daughter’s share of the mortgage.
Have you tried to remortgage now? with another lender? Result
We have tried to remortgage a couple of times with Halifax and with other lenders but we were turned down.
Expert:  F E Smith replied 8 days ago.

Thank you. I appreciate everything you are saying but if your daughter had not gone on the mortgage, obviously the Halifax would not have lent the money to you, what would you then have done? I’m not suggesting that she refused, I am saying that for example supposing she had refused or supposing that she didn’t even exist. What would then have happened at the time when you were taking this remortgage out? What would your situation have been? Why were you remortgaging?

I do think you have a mis-selling claim but I need to know the full background.

Incidentally, you say that your daughter has refused to pay any of the mortgage. Does she live in the house and if not, why would you be asking her to pay any of the mortgage or the insurance?

As it was out of the advisers control with regard to putting you on the mortgage, you had the choice to proceed with your daughter or just not go ahead. Why therefore did your daughter agree?

Customer: replied 6 days ago.
The mortgage was taken out in 2004; the deposit was paid by my husband and me. But when I requested that my name be add to the mortgage the mortgage adviser refused. There was no recommendation, no advice and no consultation and no examples given, albeit our daughter was single at the time. The fact that I could contribute was totally overlooked.
The mortgage adviser refused to accept my paperwork even though I had an income they did not take it into consideration. The advisor recommends our daughter to be added to the mortgage instead of me as she had a part-time job, but the advisor did not give us any advice and no example was given as to the fact that our daughter was single. We all lived in the house but then our daughter got pregnant and had her first child and then she got engaged and move out of the house. Then our daughter ask that her name be taken off the mortgage but we were not in a position to buy her out, so she applied to the bank to get the mortgage transfer over to mine name but the bank refused. The relationship between us and our daughter became volatile because Halifax bank would not allow her to take her name off the mortgage. Halifax Bank ignored our plea they knew our daughter wanted her name taken off the mortgage and yet the bank refused. We asked the bank for a re-mortgage so we could pay our daughter off and take her name off the mortgage but again the bank refused. Our daughter agreed to the re-mortgaging of the house because she is desperate to have her name taken off the mortgage. Halifax did not give us any advice; there was no guidance even though the Halifax bank knew our daughter desperately wanted her name taken off the mortgage and that in the pass our daughter requests that the bank sign the mortgage over to me. But the bank refused. Because of the Halifax bank negligence we are all in a desperate state mentally, emotionally and physically. There was no customer care.
Our daughter was single when the mortgage advisor recommends that our daughter put her name on the mortgage with her dad. My wish to be added to the mortgage was totally ignored by the mortgage advisor. He should not have suggested putting our daughter’s name on the mortgage, because I had income to help towards the mortgage and I have continued to contribute to the mortgage.
My husband and I have always take out loans and mortgages together we have paid off mortgages and loans and the fact that I had an income that the advisor did not take that into account. The mortgage advisor did not give us any advice or guidance there was no examples given.
My husband recently received some texts from our daughter that stated that she hates both of us and that she doesn’t care if are homeless.
With regards ***** ***** mortgage payments, the solicitor’s letter our daughter sent us stated that she had paid half the mortgage this is not true as our daughter have not always contribute to the mortgage. Our relationship with our daughter is irreparable because Halifax bank will not allow our daughter to take her name off the mortgage.
PS: Our daughter is now married with two children.
Thank you
Expert:  F E Smith replied 5 days ago.

I appreciate all of that however that doesn’t answer my question.

What would have happened with the mortgage if your daughter had refused to go on?

Would you not have got the remortgage?

If so, what would you then have done?

I’m a bit confused about your daughter pleading that she didn’t want her name on the mortgage because all she needed to do was refuse. Why didnt she? She cannot be forced to sign.

I’m not saying that you don’t potentially have a claim, and just trying to clear the facts.

Did the financial adviser work for the Halifax? I.e. was the financial adviser a Halifax financial adviser or independent?

Customer: replied 3 days ago.
I am sorry this is very distressing for us. I hope I answered your question.
I appreciate all of that however that doesn’t answer my question.
What would have happened with the mortgage if your daughter had refused to go on?
If the advisor did not recommend that our daughter go on the mortgage instead of me we probably would have searched around for another lender.
Would you not have got the re-mortgage?
We asked Halifax if we could re-mortgage the house so we could buy our daughter out of the mortgage but the bank refused.
If so, what would you then have done?
I’m a bit confused about your daughter pleading that she didn’t want her name on the mortgage because all she needed to do was refuse. Why didn’t she? She cannot be forced to sign.
Our daughter was living with us to start with; It was me and my husband who first applied for the mortgage but because I was not in work at that time but our daughter was in work. The mortgage adviser suggested that our daughter could go on the mortgage the advisor said that was the only way we could get the mortgage if our daughter’s name was added to the mortgage instead of me. My husband and I are Halifax bank customers and we had previously paid off a loan from Halifax bank.
I’m not saying that you don’t potentially have a claim, and just trying to clear the facts.
Did the financial adviser work for the Halifax? I.e. was the financial adviser a Halifax financial adviser or independent?
The Mortgage adviser worked for Halifax mortgage.
We received a letter from Halifax mortgage complaint department the letter had their findings and decision. I have written to the adviser and told her we did not agree with their findings. They gave us a leaflet for the Financial Ombudsman Services. I would like your advice as to the cost of taking this to court.
Thank you
Glenna
Expert:  F E Smith replied 3 days ago.

Thank you.

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?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. Then press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9181
Experience: I have been practising for 30 years.
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Customer: replied 2 days ago.
Hi
My daughter and I had the same amount of income coming in at the time so there was no reason why the mortgage adviser suggested that my daughter be added to the mortgage with her dad instead of me. There were no consultation and the mortgage adviser didn’t explain what would happen if our daughter wanted her name remove from the mortgage.
Now, if we sell the house we will be financially worst off as we will not be able to get a mortgage due to our age (62) and the rental market is very expensive we would not be able to afford the rent. We will be in financial difficulty.
l now contact the Financial Ombudsman Services.
Thank you for your advice and comments.
Thank you again for your time.
Glenna

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