verbally misadvised

Steven36

I believe that I have been misadvised "verbally" on the closing date of my fixed rate mortgage deal. I do have the paperwork relating to the mortgage deal which states the closing date, but because of the excellent relationship I had with my mortgage advisor I phoned him up and asked for the closing date of the deal, taking his word as gospel. I realise that this was careless of me, but was told verbally by the mortgage advisor that deal closed March 2007, even though the related paper work states March 2008. Subsequently I have lost the arrangement fee with my new lender £295. I have asked the bank that the mortgage lender represents to cover the fee, but they say that the onus is on me to read the paperwork. Once again, I suppose that I have been too trusting of the word of the mortgage advisor. Can anybody advise on what course of action I can take to prove that I was advised wrongly? The bank are saying that the phone call I mentioned was "undocumented". I am looking at options such as the banking ombudsman service and the freedom of information act to delve into one of the telephone conversations that, I believe, will reveal that the advisor did tell me March 2007 as the closing date previously mentioned.

dunstonh

Can anybody advise on what course of action I can take to prove that I was advised wrongly?

You can't prove it. That's the problem.

The bank are saying that the phone call I mentioned was "undocumented". I am looking at options such as the banking ombudsman service and the freedom of information act to delve into one of the telephone conversations that, I believe, will reveal that the advisor did tell me March 2007 as the closing date previously mentioned.

If you know the date and time of the call you could tell them but if its a branch, then the call probably isnt recorded. It also wouldnt need to be a documented call as he wasnt giving you any advice.

Also, the adviser at the firm you transferred the mortgage to has responsibility for documenting that you have no tie in with the existing lender (although this may just be you telling them).

dwight-van-man

Even if you hadn't kept any of the original paperwork, surely you remember what YEAR the deal was due to end? or at least how long a fixed rate you were in and when you took it out... I could understand if you couldn't remember the month the deal was up but i don't beleive you couldn't remeber the year - and neither will any bank, building society or regulatory body you take the complaint to

Steven36

Thanks for your useless reply.

dwight-van-man

No worries - you asked a question, I gave you an answer. I could mail you a copy if you like so you could store it beside your mortgage paperwork.....

payless

Was you processing the new arrangement through the same adviser who did the existing one.... if so I can see some arguement if you incurred fees.