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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 13901
Experience:  Senior Associate Solicitor
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Last year I gave the go ahead for an ornagery to be built on

Customer Question

Hi, last year I gave the go ahead for an ornagery to be built on my residential property utilising the 12 months interest free period to pay the outstanding balance after deposit. I was told that I had 12 months to pay the outstanding value of £20502 otherwise it would then go onto an fixed sum loan agreement. As my intention was to re-mortgage my property within the 12 months as to get cashback for the £20502 from it to clear the finance. It was never explained to me that on a credit search, it would show as the full amount including interest being owed of £55171.80 as a loan. This has now caused me no end of issues obtaining any credit and has also meant that my current mortgage provider will not lend against it. I want to see where i stand with this and what route to take
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I haven't taken any steps as yet
JA: Where is the property located?
Customer: In Reading in England
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Property Law
Expert:  JimLawyer replied 16 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 16 days ago.

From reading your question it is clear to me that you were misled and this has in turn caused you financial difficulties.

You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the lender) carried out with reasonable care and skill. Furthermore, the service they offer should be “fit for purpose” and “as described”. If it isn’t then you can allege breach of your consumer rights and breach of contract.

They will be authorised by the Financial Conduct Authority (FCA) meaning you must go though the lenders complaints procedure to resolve this - you should not entertain court proceedings until the outcome of this is known and the Ombudsman has made a decision which is not in your favour. The courts view litigation as a last resort.

You should now make a formal complaint to the lender and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response. Their complaints procedure will be available via their website.

Once you have the deadlock letter the next step would be to escalate this to the Ombudsman - they will investigate and liaise with the insurer which would hopefully result in a resolution and it should also mean your credit record is dealt with in your favour too. They can order the lender to make a financial award for inconvenience if they have acted poorly.

Once you have their final response, you can make the complaint to the Ombudsman here : www.financial-ombudsman.org.uk/consumers/how-to-complain

Or by email:***@******.***

Based on the circumstances, assuming the lender does not uphold your complaint, I am sure the Ombudsman will do. The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the lender. If the Ombudsman did not find in your favour, therefore, you then have the option of suing the lender for breach of your consumer rights and you have up to 6 years to bring a claim to the court (the limitation period is 6 years from your date of loss, to when you need to issue a claim).

Expert:  JimLawyer replied 16 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 16 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 16 days ago.
Hi Jim
Thanks very much for the detailed response as it has given me info I need in order to escalate this further.Could I ask one further question please? The orangery was built by a company called Abbey Windows and they sold the finance package using Hitachi Capital. Should I make the complaint to Abbey Windows or Hitachi Capital?
Expert:  JimLawyer replied 16 days ago.

Thanks, ***** ***** Windows will have mis-sold the finance to you, which was provided by Hitachi Capital. Both are in the picture here as you also have rights under the Consumer Credit Act so my advice is to pursue both.