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Remortgage instructions not followed?

In phone call i told London and Country in explicit instructions that " i will proceed with the 2.59% rate offered -unless a better deal comes along" .
10 days later i recieved email from them "Unfortunately I have been unable to contact you since I sent my mortgage recommendation. If you would still like to proceed, please get in touch when convenient – bear in mind that mortgage deals can be withdrawn at short notice."
When i contacted them i told them as per my phone instructions to proceed with the 2.59% rate .However , to my shock the 2.59% had gone ( okay ,email did generally warn of that it was obvious that the mortgage consulant had totally forgotten about my instructions) and they could only offer me 2.74%.Time was pressing and i just wanted to get deal tied up quickly
So given that my instructions were not in writing -do i have any cause for complaint? Are my phone instructions sufficient or do Land C legally still need to have contacted me again to go thru acceptance process ? -or have London and Country followed everything correctly?

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    tali wrote: »
    In phone call i told London and Country in explicit instructions that " i will proceed with the 2.59% rate offered -unless a better deal comes along" .

    Either you wished to apply for the product or you didn't.

    Did you want them to continue looking for a better product?

    Did you ask for an application form to be sent?
  • Dave_Ham
    Dave_Ham Posts: 6,045 Forumite
    Tenth Anniversary Combo Breaker
    No chance, why on Earth did you not bite their arm off?

    Additionally, at that loan to value why did you not take a longer term product?

    Smacks of being a bit too greedy to be honest...
    I am a Mortgage Broker
    You should note that this site doesn't check my status as a Mortgage Broker, 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.
  • tali
    tali Posts: 709 Forumite
    edited 10 August 2012 at 10:55PM
    Thrugelmir wrote: »
    Either you wished to apply for the product or you didn't.

    Did you want them to continue looking for a better product?

    Did you ask for an application form to be sent?

    Well, guided by advisor he told me new rates pop up all the time-so always possibilty .
    I did ask them to look for better product
    I did not ask for application form



    Dave_Ham wrote: »
    No chance, why on Earth did you not bite their arm off?

    Additionally, at that loan to value why did you not take a longer term product?

    Smacks of being a bit too greedy to be honest...

    Advisor made no attempt to push me this deal.I did ask him how good it was and he said it good -but he didn't make out that it was brilliant and that i should snap it up
    I tried for longer but Lender would only allow 2 yrs
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    tali wrote: »
    Well, guided by advisor he told me new rates pop up all the time-so always possibilty .
    I did ask them to look for better product
    I did not ask for application form

    Then they are not at fault if product is withdrawn.

    Lenders allocate given tranches of money to a particular product. Once allocated or sufficient applications are received then product is withdrawn.
  • tali
    tali Posts: 709 Forumite
    Thrugelmir wrote: »
    Then they are not at fault if product is withdrawn.

    Lenders allocate given tranches of money to a particular product. Once allocated or sufficient applications are received then product is withdrawn.

    Fair enough - my specific point is were my phone instructions sufficient on their own for them to proceed ? -or did they need to contact me again to go thru the whole process ?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    " i will proceed with the 2.59% rate offered -unless a better deal comes along" .

    That doesn't sound explicit to me. Open to interpretation.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thrugelmir wrote: »
    That doesn't sound explicit to me. Open to interpretation.

    I agree.

    This reads to me that you are going to go with this deal if you do not find a better one, not that you want to proceed with it!
  • tali
    tali Posts: 709 Forumite
    Okay thanks for clarifying :)
  • GMS
    GMS Posts: 5,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    " i will proceed with the 2.59% rate offered -unless a better deal comes along" .

    As has been said this is a loosely worded instruction. If a client of mine instructed this then I would make clear that rates can come and go. That said I would inform them when product withdrawal notice issued by lender.

    How long were you planning to wait to see if a better deal came along? Without a specific instruction the adviser is a bit stuck.

    Sounds like you took a bit of a gamble and lost. It was your choice seemingly so can't blame the adviser. If they had applied to the lender and then applied for a better deal 2 days later there is a chance that the first application could lower your credit score sufficiently to cause a decline with the better deal. Slim chance but possible all the same.
    I am a 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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