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Halifax Mortgage, advice on a screw up

Hi All,

Ok, first of all this is a _really_ long one. I have what I consider a fairly major problem and I think the best option is to give you the whole story. If you don't want to read a lengthy essay on another person's problem then stop now. For those of you who do take the time to read it and can even offer some help I really appreciate it.

That said, here the story of my ongoing problems with the Halifax (perhaps someone on uk.finance or uk.legal can tell me what the best thing to do is).

Some months ago I needed a mortgage on a new flat and went through a mortgage broker. They found a suitable one with the Halifax (100% mortgage at 4.99% fixed for two years).

Latter, when it came time to sign all the last bits and pieces I got a letter through from the Halifax which mentioned my mortgage was 5.6% fixed for 10 years! Up until now everything I had received via my broker had stated 4.99% fixed for two years so naturally this seemed very odd. I called the broker and they said that this had happened on a couple of Halifax mortgages recently, not to worry and that they would sort it. They then called me the following day and said, "Don't worry it is fixed!". However, a few days latter I got another letter from the Halifax saying that my mortgage had been amended to 5.74% fixed for 10 years! Again I called the broker and again was told it would be rectified. However I continued to have problems. I then received a letter from my mortgage broker that asked me to sign the mortgage agreement. The cover letter said that although the agreement was still incorrect I should sign it and it would be fixed on completion. Obviously this seemed very odd to me and so naturally I rang the mortgage broker and asked what all this was about. They told me that the Halifax was having problems correcting my offer since the bank of England base rate had risen and it was not possible for them to put it through their computer system but that this could be fixed on completion. I still wasn't happy and said I would need all this in writing with a copy to my solicitor. They said that they would get someone to provide confirmation shortly.

I spoke to my solicitor a day or two latter and he said he had received something from the Halifax that said that my mortgage was

5.74% fixed for 10 years. Again, I called the broker and again they arranged for the Halifax to send out something to my solicitor. This time it correctly stated that it would be 4.99% fixed for two years. I never received anything from the Halifax with a confirmation but since all these delays had meant time was pretty tight (I had to move out of my previous flat) and my solicitor had received confirmation I decided I should go ahead.

I still felt pretty weird about this but I figured my solicitor had the confirmation in writing and since Halifax are the biggest lender of mortgages and hence unlikely to intentionally screw me over (perhaps this was naive?). If there were continuing problems I thought they could be sorted out. Also by now there had been yet another interest rate rise and I was pretty unlikely to get close to a fixed

4.99% mortgage from anyone else at this stage. So I signed the forms and everything went through.

I finally completed at the start of August. A couple of days after completion I went on a Holiday for 2 weeks (this was planned some time ago as I had originally thought I would move in one month earlier). When I came back I found a letter from the Halifax and an initial interest payment had been taken out of my account. I then realised that the Halifax still had me on the wrong mortgage. I rang the broker who seemed genuinely shocked. He said he would find out what was happening and call me back. He called me and said that I should ring the Halifax directly since they felt it was better to deal with me directly at this stage. He gave me a number and I called them. After answering security questions the first thing I asked was, "What is the rate on my mortgage?" to which the answer was, "5.74%".

The Halifax representative and I spoke for some time during which he scanned through some notes against my account. He said that the problems had been noted and he would be able to get this fixed. I asked him to have a letter sent out to me once this was done.

Several days latter I still had received nothing. Again I called the Halifax and again asked, "What is the rate on my mortgage?" to which the answer was, "5.74%". I asked the young lady to read through my notes. She put me on hold for what felt like ten minutes and came back and said that my mortgage should be on 4.99%. I said, "I know" and asked if she could immediately correct this. She said she would get someone to look at this and write me a letter with confirmation.

I now called my solicitor and asked if he could send me a copy of the confirmation letter he got from the Halifax, which he duly faxed me. I also put all communication from the broker (which stated the correct rate and length of fixed term) in a folder together with this so that I would have it all to hand. A day or two later I got a letter for the Halifax but it was just a standard letter mentioning general information about my account. The rate and period of fixed term was still wrong and there was no mention of the fact that this was even being investigated.

I called the Halifax again, and again I asked, "What is the rate on my mortgage?" to which the answer was, "5.74%". At this point I got really annoyed with the Halifax representative (actually I had been annoyed many times during all of this but had managed to keep calm). She put me on to a manager who said that there was a problem in that my mortgage (4.99% fixed for 2 years) was not available for customers wanting a 100% mortgage and this had caused problems. I said that nobody had ever told me this and I had confirmation from the Halifax, sent to my solicitor, to say that I would be put on such a mortgage. She said it was still being investigated. At this point I said that could they at the very least send me a letter to say that it was being investigated since everything I had received from the Halifax up until now just acted like I was a normal customer with no issues.

After two days I still had not received anything and called again. Again the Halifax representative told me the wrong rate. He gave me the fax number of Halifax head office and asked that I sent through a copy of the confirmation my solicitor had received. I did this along with a cover letter requesting that they reply to the fax to confirm they had received it and send me a letter to say that this was being fixed.

Guess what? after two days I had not even received a reply to confirm they had received the fax.

I now sent a copy of the fax to the customer service center and called them again. I was put through to a manager after a short irate conversation with the operator. She confirmed she had the fax, applogised multiple times and said that she would get a letter out to say it was being investigated and get someone from Head Office to call me (I made a note of her name). That was today.

Whilst I await a response (that I don't reckon I will get) I wonder what my best course of action should be. Should I get a lawyer involved? Should I contact some government body to intervene on my behalf? Something else?

Also, what do people think my chances are that I will ever get this fixed? Will I be stuck on a mortgage I never wanted since I did sign for it (despite the confirmation from the Halifax)?

It isn't even like I can cancel the whole thing (assuming that was even possible) since I would not get such a good rate now with all the bank of England base rate rises.

To be honest I really feel like the Halifax have f*&ked me over!!! If anyone can offer any help or suggestions I would really really appreciate it!

Best regards, John Smith

Reply to
John Smith
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IANAL... but if I read it correctly then you had struck a contract with the Mortgage company to loan you money over two years as per the rates and that your solicitor has sufficient evidence to prove it... everything else is the Halifax's system not coping. You need to find someone with the authority to fix the problem...

Stephen

Reply to
Steve Maudsley

In message , John Smith writes

As I was reading your post, I could see what was coming. I kept thinking "If it looks like a duck, and walks like a duck, its a duck", which doesnt help you.

The fact is that you were probably so anxious to get a deal that was no longer available anywhere, but which may still have been on the cards for you, that you clutched at any straw which made it feel like it was for real.

Anyway - I would stop dealing with the faceless organisation who are passing you from pillar to post until you get fed up and give in. I would attack this on 2 fronts:

1stly - your solicitor has a document which confirms something. This was either legally binding on the Halifax, or not - ask him what he thinks. If the former, ask him to write to them and take up the matter on your behalf. If the latter, he could write to them as though it is legally binding, and see what happens. Presumably when he got the document, along with your actual mortgage offer/instruction, he discussed it with you and gave you some advice. I'm not sure how you take them to court on this, (i.e. what you are claiming for), but there will be something you can do legally. 2ndly,

I would prepare a letter like your post, with a bit more detail, and write to every consumer organisation you can find - include Trading Standards, Watchdog, various newspaper financial problem pages and so on. You could then send a copy to The Halifax, along with a list of the places it is going to, and see if they respond... or you could just send the letters without forewarning the Halifax.

I have done the 2nd in respect of an insurance claim a long time ago, and it resolved itself in my favour very quickly.

Reply to
Richard Faulkner

In message , Steve Maudsley writes

He may also have signed a mortgage document which excluded any representations, verbal, or in writing, made elsewhere. We dont know at the moment.

Reply to
Richard Faulkner

The Halifax are being incompetent.

The telephone calls you have had with them will be recorded and you are legally allowed transcripts of the calls under the data protection act. Ask for these transcripts, and speak to their compliance officer. Tell him that you will report them to the FSA unless they sort it out and you have proof (from the transcripts and notes from their system) that it is wrong and they should be fixing it.

I did this with IF (a Halifax group company). I never reported them to the FSA in the end, as soon as I mentioned transcripts, compliance officer and data protection act it all seemed to get sorted rather quickly...

Scott

Reply to
Scott

and lose a weeks holiday or pay? Why on earth would you do that... He'll win this easy without loosing income

Reply to
Scott

OK, First of all, Halifax are passing your case from Pillar to Post, which to be honest happens in most organisations. You need to get the complaint heard by someone.

before any body such as the Financial Ombudsman Service will look at you must go through Halifax complaints procedure.

Write a letter clearly stating it is a compliant, and advising them that you know under FOS guidelines they must reply within 5 working days outlining your complaint. Send it to someone high up, Sales Director, Operations Director, someone like that.If they still do not reply, then you have another mark against them.

What mortgage offer did you complete on? If you completed on a 10 year fixed one, then the 10 year fixed one is legally binding. It could be argued that if they sent you a covering letter saying the 2 year fixed one is what you are getting, then they will probably honour it. They will not want the bad press of it getting as high as FOS.

Reply to
Phil Deane

Give them an opportunity to fix within a mutually agreed timescale, by all means, and if they f*ck up again, go for the jugular.

You gave the broker an opportunity to fix it; they blew it. At this point you should have launched a complaint (in writing, registered post) with everyone you could ie broker, MCCB, Halifax.

See

hth

Daytona

Reply to
Daytona

Several replies have told you to complain to all sorts of people, including the FSA. Apart from the consumer columns in the daily press, the only people who will look at your complaint is the Financial Ombudsman Service -NOT the FSA.

If you feel you have a case you have to write first to Halifax telling them concisely what you are complaining about. They should write back within 5 WORKING DAYS telling you how long it will be for them to get back with a properly investigated reply (generally within 28 days). If in the end you can't accept whatever it is they say then ring the FOS on 020 7964 1000 and ask for forms to register your complaint with them. This may all take some weeks, however.

Don't waste your time writing to anyone apart from the press, the Halifax and then later the FOS.

Rob Graham

Reply to
Robin Graham

I would expect the broker to sort this out. It's what they're paid to do.

Reply to
Steve Walker

I agree. But if you're not getting anywhere and Halifax has definitely offered you the lower rate and you have signed your acceptance I feel it is the Halifax to whom you should complain.

Rob

Reply to
Robin Graham

So are the MCCB pointless or do Halifax follow the procedures internally ?

Daytona

Reply to
Daytona

Depends on the broker - he has probably had his commission and is onto the next case by now - unless he is one of the good guys.

Reply to
Richard Faulkner

No, they are not pointless but Halifax will be expected to have its own procedures internally and to follow these. Failure to come to a conclusion with the complainant will be the point when he goes to the Financial Ombudsman Service. The MCCB disappears on 1st November and mortgage regulation is taken over by the FSA then. At that point the FOS will be the point of contact for a complaint. I suggested to the OP going there first and they will then say whether they have jurisdiction at the moment. Otherwise the MCCB on 01785 218200, but I didn't want to give the OP too many options because if he contacts someone they will tell him the right place.

Rob

Reply to
Robin Graham

No, it is the Halifax to whom the broker should complain. He is your appointed representative, you have signed with Halifax at his recommendation, and he is being paid to facilitate a successful transaction. Imho, etc... :o)

Reply to
Steve Walker

I still think, given the vagaries of this case, that the OP should refer to the FOS or maybe the MCCB at least for guidance on how to proceed.

Rob

Reply to
Robin Graham

Agreed. I did mean FOS not FSA - its been a while since I reviewed all of this!

Reply to
Scott

Which it seems you are.

Reply to
Simon Finnigan

not

I would touch that s**te with a barge-pole

Steer clear of that scam too.

Reply to
half_pint

What a witty retort - golly gosh I`m so sorry I decided to insult you in a public forum. Wow, you`ve really put me in my place haven`t you, with your scathing wit. What are you going to do for your witty encore - fart?

Ahhh, so you went to the site and saw that I actually have nothing for sale on ebay right now, so what exactly would you not touch with a barge pole?

I`ll pass your comments onto the owners of this company than shall I? HTMail has been going for a hell of a long time, and a lot of people have been paid out perfectly well by them. It might only be 5 pence or so an email, but it mounts up.

Thank you for making it even easier to prove to people what a complete and utter idiot you are - I think I`ll get a permanent URL for groups.google.com for this post and set an autoreply, so that every time you give what you laughingly call advice people are shown exactly what a complete and utter f*ckwit you are.

Reply to
Simon Finnigan

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