Jump to content


  • Tweets

  • Posts

    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Mortgage offer withdrawal AFTER EXCHANGE TAKEN PLACE!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4959 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hiya,

 

My fiance and I have already exchanged contracts and given up our rented flat and are due to complete on buying our first house on Monday.

 

Our IFA's called us yesterday to say that our mortgage offer has now been withdrawn due to an "arrear" on a credit card from October 2008.

 

This was not a problem when we were first approved for the mortgage but now is enough of a problem for them to take our mortgage away.

 

We are going to be homeless as we gave up our lease on the basis of the mortgage they approved and is valid until 31 January. We have an 11 month old baby and this is really taking its toll - we dont know where to turn.

 

Can anybody give us any advice on what we can do or if we have a leg to stand on with this?

 

Thanks for any help you can give.

Link to post
Share on other sites

Hi All!

 

V.Stressed,in reply to your post:

 

I am very sorry to read about your problem.

 

Please answer the following questions:

 

1.When did you apply for the mortgage?

 

2.Have you paid for a valuation fee on the property that you are buying?

 

 

3.Has your solicitor passed on any deposit funds to the seller's solicitor? If yes,how much?

 

The answers to the above questions should hopefully enable me to assist you further.

 

Cheers,

 

Nightmare4banks

Link to post
Share on other sites

Have you checked with your solicitor had they already requested the funds from the Mortgage Provider or carried out any works ready for the completion date with their approval? If they had written and recieved a reply that monies will be recieved ok via solicitors and then your solicitor exchanged on this basis you might have a case to argue your point.

 

Similiar thing happened to me and I have checked with a solicitor and they seem to think I have a case for compensation. Shame it was too late when I found out though, although it was a BTL not a home for me to live in fortunately.

 

Check with your solicitors as to what they have done already before you do any further.

 

I hope something works out for you. Let us know how you get on.

Link to post
Share on other sites

Hi All!

 

V.Stressed,in reply to your post:

 

I am very sorry to read about your problem.

 

Please answer the following questions:

 

1.When did you apply for the mortgage?

 

2.Have you paid for a valuation fee on the property that you are buying?

 

 

3.Has your solicitor passed on any deposit funds to the seller's solicitor? If yes,how much?

 

The answers to the above questions should hopefully enable me to assist you further.

 

Cheers,

 

Nightmare4banks

 

Im in the same situation, Ive exchanged & I now have no mortgage. A new credit check was bizarrely done on me on 27.1.10, 6 days after I had exchanged and was the 3rd one they had done. Unfortunately my credit score was slightly lower than before so they just withdrew their offer.

The application initially was applied for in Aug 09 and the offer came through on 25.8.09 and lasted 6 months. I paid for a valuation which was done and was all fine, but on exchange my solictor sent £20500 which was 10% and will now lose that. Im distraught I complete on 12th Feb so I only have 10 working days left. I have never missed a payment on anything & have an exemplery credit record.Can anyone offer any help or advice?

Link to post
Share on other sites

It will be the credit searches themselves lowering your score, there is plenty of evidence that having a search done lowers your score considerably and the more the same company searches the more the score lowers. Id contact all the authorities and trading standards and complain about the companies involved...

Link to post
Share on other sites

Im sorry to hear about this Angrybanks, but first thing I would do is to contact your solicitor and ask him did he request the funds upon exchange and did he recieve acknowledgement from the lender that monies will be sent. If he did then tell them to phone and write to the lender and explain that you will be taking proceedings agsint them for failing to keep with the mortgage offer after confirmations etc.

 

Get some legal advice quick on this before the deposit goes.

 

Please keep us updated.

Link to post
Share on other sites

I think that your solicitor needs to contact the lender and explain the situation and ask them to honour the original offer. They need to be firm and speak to a senior manager and explain that you will be seeking compensation for the money paid out so far plus stress etc.

 

I doubt if they have requested funds at this stage but I could be wrong. I suspect that the lender has decided that they do not want to lend due to a change of circumstances at their end. They may have been taken over or have a funding problem.

 

Your solicitor needs to push this firmly and try and get them to reverse the decision.

 

Pedross

Link to post
Share on other sites

Thanks for your responses but no unfortunately altho the funds were requested they just sent back the letter saying they were withdrawing the offer. Me, my solicitor and financial advisor have been onto them but they wont budge. They say I can appeal but even if thats successful they will need to do another credit check which pushes my score down again!

I have tried emailing the Chief exec & my MP so will wait for them to respond.

I may try & see if the media are interested as I want to warn people for the future to get a clause put in the contract that if the bank pulls out after exchange, the buyer cant lose their deposit.:-x

Link to post
Share on other sites

Hi All!

 

TWO POINTS

 

POINT 1

 

REGARDING THE DEPOSIT THAT HAS BEEN PASSED ONTO THE SELLER'S SOLICITOR

 

1.As others have mentioned the best course of action here would be to complain to your instructing solicitor or sue him/her because no sensible solicitor would exchange contracts with the buyer's deposit funds and without having received the mortgage funds.

 

2.The solicitor should have kept the deposit funds in his/her account and notified the seller's solicitor of such rather than send the deposit funds only - An utterly daft thing to do!

A solicitor like that is not acting in his/her client's own interests and should have never been allowed to become a solicitor in the first place!

 

 

POINT 2

 

WITHDRAWAL OF MORTGAGE OFFER

 

1.Please always remember that credit is not a right but it is earned.

 

2.So if a mortgage offer has been withdrawn there is little one can do unless there is strict evidence in your hand that will prove inaccuracies on your credit files which had caused the withdrawal of the mortgage offer.

 

3.However,you should be able to get a refund on valuation fees and/or legal fees if either a valuer and/or solicitor had been instructed and based on the fact of the then existing mortgage offer.

 

4.Complain to the FOS because if mortgage companies decline folks at the 11th hour and still rake in fees i.e. valuation fees.

 

Anyway,just my 2p's worth!

 

I hope this helps.

 

If anyone has any questions,please feel free to ask.

 

Cheers,

 

Nightmare4banks

Edited by Nightmare4banks
Link to post
Share on other sites

You have to investigate what has your solicitor actually recieved from the lender in terms of acknowledgement that they are sending funds out for completion etc? Normally they would exchange on the basis that the funds will definetley be there on completion.

Link to post
Share on other sites

I would have expected the solicitor to have called up the mortgage funds into their client account BEFORE exchanging contracts:confused:. In recent years lenders seem to have acquired an annoying habit of withdrawing offers before the buyer moves in. A practice for which they should be financially punished:mad:

 

They can do as many searches as they wish on a single transaction but knowing the effect they can have on someones CR only the 1st search needs to be recorded any additional ones from the same source do not, they can be done without leaving a trace ........ and they know it:-x

Edited by JonCris
Link to post
Share on other sites

  • 1 month later...
  • 5 months later...

I have a similar nightmare just unfolding and would appreciate any help/advice from the forum as it seems we are about to lose everything.

I am a discharged bankrupt since Jan 2008. We approached a broker and made this fact abundantly clear and supplied a copy of the discharge along with the other usual paperwork/proofs required at this stage. Halifax offered a mortgage so we found a house. Our first mortgage offer expired after we exchanged but before completion. All deposits had already been paid. On the day of completion we were advised that Halifax requested the funds back from our solicitor because of the bankruptcy.

 

It was explained that it wasn't the bankruptcy but the expiration of the offer. A new offer at a slightly increased rate was then received. We all began the arrangements again. I then received a further call saying that we did not have an offer as it was a 'mistake'. I have this offer in writing along with a letter explaining when my first payment would be taken.

 

I called Halifax myself and they explained they had no record, written or verbal of my discharge, maintaining they did not know of the bankruptcy in the first place. They also said I did not come up on their searches as they had an incorrect address for me. I asked if that was the case, how had I received the offer at my address.

 

I have now been advised 7 days after the completion date that Halifax are now declining to offer a mortgage. My broker advises that this is due to missed credit card payments or 'something'.

 

I have not held a credit card since my bankruptcy and the only entries on my file relate to that. There has been no change to my credit file whatsoever since first applying for this mortgage - I have the copy from then and have compared it today's.

 

My credit score is high and I have disclosed from the outset my entire history.

 

How can this happen? Why is it allowed to happen? Please help.

Link to post
Share on other sites

I have a similar nightmare just unfolding and would appreciate any help/advice from the forum as it seems we are about to lose everything.

I am a discharged bankrupt since Jan 2008. We approached a broker and made this fact abundantly clear and supplied a copy of the discharge along with the other usual paperwork/proofs required at this stage. Halifax offered a mortgage so we found a house. Our first mortgage offer expired after we exchanged but before completion. All deposits had already been paid. On the day of completion we were advised that Halifax requested the funds back from our solicitor because of the bankruptcy.

 

It was explained that it wasn't the bankruptcy but the expiration of the offer. A new offer at a slightly increased rate was then received. We all began the arrangements again. I then received a further call saying that we did not have an offer as it was a 'mistake'. I have this offer in writing along with a letter explaining when my first payment would be taken.

 

I called Halifax myself and they explained they had no record, written or verbal of my discharge, maintaining they did not know of the bankruptcy in the first place. They also said I did not come up on their searches as they had an incorrect address for me. I asked if that was the case, how had I received the offer at my address.

 

I have now been advised 7 days after the completion date that Halifax are now declining to offer a mortgage. My broker advises that this is due to missed credit card payments or 'something'.

 

I have not held a credit card since my bankruptcy and the only entries on my file relate to that. There has been no change to my credit file whatsoever since first applying for this mortgage - I have the copy from then and have compared it today's.

 

My credit score is high and I have disclosed from the outset my entire history.

 

How can this happen? Why is it allowed to happen? Please help.

 

Your solicitor & financial advisor MUST between them sort this out asap They will be the quickest means of resolving it also they'll carry more clout than you

Link to post
Share on other sites

My FA has been replaced and is now an estate agent in the same company; the company FD was the bearer of the bad news that no offer is to be forthcoming - he has indicated that in his opinion the fault lay with the solicitor. A conveyancing agent was handling my case until just before exchange. She went on holiday and another person in the organisation requested the funds from me. Since the failure on completion I have been passed to an actual solicitor who is apparently conversing with his senior partner over this weekend. (I don't see how that will help immediately as the funds have been returned to Halifax - apparently they couldn't 'review' the case unless funds were returned).

 

What I just don't get in all this is the terms and conditions quoted: they state the offer may be withdrawn if there is either a fraud, a change in my circumstances that would have influenced their decision at the time, or some negative change to the properties value. The ONLY change is that I earn substantially more now than I did when I applied for the mortgage.

Link to post
Share on other sites

  • dx100uk changed the title to Mortgage offer withdrawal AFTER EXCHANGE TAKEN PLACE!!
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...