Bad advice from IFA ?

Jul 26, 2004 6 Replies

If anyone could offer advice on the following I would be grateful, as we feel we have a valid case for complaint against the IFA who advised us.... (apologies if wrong NG)



On 1st June we met our IFA to discuss the mortgage that best suited our requirements: we opted for a 2-years fixed mortgage and a mortgage company that fitted our requirements was found. Our property agreed sale price is £195,000 and with a 10% deposit, leaving us to borrow £175,000, We we're advised we would get a rate of



4.95% through GMAC. We agreed that this was the right option for us and applied on that day. Consequently the application was processed by the IFA and GMAC and we were charged for the relevant fees.

On 19th June we received a letter from GMAC confirming that our mortgage had been approved, but the rate stated was now 5.44% and not the one agreed on the 1st June.



On Sat 20th June we contacted the IFA, and through numerous phone calls he assured us that the rate indicated by GMAC was wrong and stated he had some email correspondence relating to our case, proving that the wrong rate had been allocated to us by GMCA.



The following week we got this information from our IFA about the mix up



The mortgage rate we agreed on our 1st meeting was apparently not applicable to anyone requiring more than a 75% mortgage. Yet this was what the IFA had advised and taken our money for.



Somehow our mortgage application for a mortgage that we we're not eligible for, went through the IFA and GMAC's systems with us being charged fees, but then being given a rate 0.5% higher.



At no time during this we're we advised of the mix up or notified until the final confirmation offer came through, and had I not noticed the difference in rate it would have gone through un-noticed



In the last week we have been made a further off of 5.15% (mid way between the original 4.95 and the offered 5.44%).



Upon making a complaint to the IFA specifying that we felt we had been given bad advice, they disputed this and put it down to computer error, insisting their advice was correct with the details they had during the consultation.



finding out all this at such a late stage into our 1st house purchase has forced us into taking a mortgage that we feel we may not have gone with had the original advice been correct.



The IFA have offered us a goodwill gesture of a refund of our survey fee for the mix up, but still insist on not admitting to giving us bad advice and we are left paying a mortgage at a higher rate than was applied for.



Are we justified in taking this complaint further?



or is the goodwill gesture by the company how such matters normally get resolved?



Any advice here is greatly accepted



Thanks Richard Smith


If you've ended up with a mortgage which is more expensive than the one originally agreed and recommended then you have grounds for a complaint. If the IFA uses a computer system and it's wrong, that's not your fault. He really should have checked with GMAC that the product he was recommending was valid.

You need to write to him formally and set out your complaint and await his reply.

Rob Graham

Seek compensation from the IFA.

There is no question that they have given you bad advice, nor do they appear to be disputing that the advice is bad. Their admission that there's been a 'computer error', (where have we heard that before?) is tacit admission that they have screwed up. Note *** THEY** have screwed up, not you.

The fact that they can't drive their computer system correctly, so that it gives the right results, is not your fault.

Furthermore, if they come back and confirm that their computer screens were showing the numbers they gave you, then point out that in that case, it's they who have a problem with GMAC, and they should seek redress from them. In any case they're presumably in a much stronger position vis a vis GMAC, because of their continuing business relationship with GMAC who will be less likely to want to upset an IFA who puts business their way. Not that that alters the facts, but it's a commercial bargaining point between them and GMAC which you don't have.

Let us know the outcome. Good luck.

Rgds

__ Richard Buttrey Grappenhall, Cheshire, UK __________________________

We've already started the official complaint procedure and had a "nice" letter saying that it was computer error etc and as a goodwill gesture offering us a refund of the survey fee, this refund coming from the IFA, its at this point we are suspicious as to how much they screwed up, or are they doing the right thing and we are being treated fairly

the refund and mid-range 2nd mortgage offer makes the 2 year payments similar - though the IFA have not admitted their fault, blaming the computer system they use as a 3rd party piece of software.

we hope to exchange today or tomorrow and don't wanna jeopardise the mortgage at this late stage - stress levels are high enough :) but we both feel the IFA are probably getting away with something they shouldn't

You should write back to the IFA stating that you are not satisfied with their offer and asking is this as far as they will go. If they won't do better then ring the Mortgage Code Arbitration Service on 020 7421 7444 and ask for forms to start the arbitration process. This institution and contact number should already have been given you in a written complaints procedure that the IFA should have given you at the outset of this complaint.

What the MCAS will say to the fact that you've gone ahead with the mortgage anyway is anybody's guess. Personally I don't think they can blame you, but they may well ask you what you would have done if you'd known what the GMAC interest rate actually was rather than what you were told it would be. You may well gone ahead anyway. Is there another lender who would have done it cheaper?

Rob Graham

This was one of our complaints, in that who knows who we would have gone with from the outset if the mortgage information had been correct, as we we're mis-informed of what was available to us.

As far as reasons for going for the mortgage, the simple answer we would give is that we risk the loss of our purchase if we have to go through the whole mortgage application again, along with loss of Survey fees and incurring more.

I'm thinking I'll go down the route you mentioned, that we are disatisfied with the offer made, and take it from there.

Many Thanks for all advice, it does all help

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