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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 5176
Experience:  Owner at James Bruce Solicitors
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I just have a question in regards to our property. HSBC

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Good afternoon. I just have a question in regards ***** ***** property. HSBC wrongfully gave us a mortgage on an almost unsalable property, although its a beautiful large Georgian maisonette, its situated over a takeaway, an A5 property. There are no issues with the neighbors downstairs (take away) they are lovely. HSBC made a mistake 1st time by giving me the mortgage when I tried to remortgage I was declined on the same issue.However I find myself in a situation that I can hardly ever sell the property to someone needing a mortgage, most every bank will not touch an A5 residential mortgage, even though they are discounted in price reflecting they are above business premises. I would never have bought this property if I knew the situation,we have also refurbished the property, is there anything I can do to solve this? Rise a claim towards HSBC? I do not want to loose my home by challenging them. Hope you can give me an answer. Kind regards. Jan
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: None
JA: Have you talked to a lawyer about this?
Customer: No, you are my first point of contact
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not really, I just want legal advise

Hello I will assist.

Please explain how you were miss sold by HSBC.

You applied for a mortgage On this type of property, it is allowed to have mortgage on them and you were successful in obtaining one?

Customer: replied 1 year ago.
Dear ***** Bruce. I do not know if I can quote miss sold, but I would never have gotten a mortgage by HSBC, its in breach of their policies and every other high street bank to lend towards A5 property over a take away. They told me they did a mistake when I tried to remortgage, if they did not make the mistake I would have kept my old house (which was sell able), as is now I can never sell to an another mortgage buyer and by this stuck in this home. They did a mistake, I would not be able to get a mortgage from any lender for an A5 ( I have checked around), now I am stuck in a property I can not sell due to their mistake (told by manager of HSBC). Brgds. Jan
Customer: replied 1 year ago.
Obviously their surveyor or someone in HSBC accidentally, by mistake, breached their own rules.
Customer: replied 1 year ago.
To my misfortune I can not sell this property to anyone with a mortgage, If they did not mistakenly gave me a go head for a mortgage I would be happily living in my previous sellable property.

It is only internal rules, the law itself does not stop them from acting.

In your case, I think your only course of action would be either to negotiate with HSBC to see if they would buy back from you as they have breached their own rules.

Failing, that you could lodge a formal complaint to the Financial Ombudsman.

Customer: replied 1 year ago.
Thank you James Bruce, just have to find out who in HSBC to contact. But by their mistake I can never sell. Thank you James Bruce. Brgds Jan

I really understand how you feel. At least morally they should be held accountable

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