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Are written mortgage quotes binding?

Our current fixed rate mortgage is coming to an end. We recently discussed options with our Bank and was given a writen quote for a 4 year fixed rate mortage, which we signed.

I have today received a telecon from the advisor to say that he has made a big mistake and that the rate isn't available to us, as it is only for customers moving to a limetime tracker.

I am obviously disappointed and bemused that system allowed the quote to be processed a s details of our current mortgage were included.

As we signed a written quote, isn't that legally binding?

Can I challenge this situation and what would be the consequences?

Comments

  • dunstonh
    dunstonh Posts: 119,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As we signed a written quote, isn't that legally binding?

    No. The contract can be, once accepted but not the quote.

    It is actually quite a common error. I guess with lenders having so many deals nowadays and the identifying information to churn out the deal KFI is fairly easy to get wrong if you are not careful. Some are even pull down menu options where a slight mouse move can change the deal.
    Can I challenge this situation and what would be the consequences?

    I would expect the FOS to accept this as a genuine human error and reject the complaint. It used to be a case that people accepted that errors could occur. Now some are just interested in getting compo.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • property.advert
    property.advert Posts: 4,086 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't agree. Pre contractual negotiations can legally form part of the contract. This is not a different lender. They know all about your circumstances and now wish to treat you worse than someone else. They have signed to offer this product and I would either request they honour that or offer compensation for it.

    If you make a mistake and go overdrawn, they bloody well charge you for it.
  • jpdc996
    jpdc996 Posts: 4 Newbie
    We have now received 2!! identical copies of a new mortgage rate offer in lin with the quote we signed!!:doh:
  • benjaminM
    benjaminM Posts: 238 Forumite
    I think dunstonhn is right on this one.

    Annoying as it maybe lenders withdraw quotes and agreements in principles quite regulary. It is definatley a bone of contention. In normal circumstances the quote is withdrawn because all the funds have been taken. It seems in your situation it was just human error and there is unfortunatley not much you can do about it. Either way very annoying and I sympathise with you.
    I am an Insurance & Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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