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Unfair mortgage conditions

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My daughter has a tracker mortgage which was taken out with the Scarborough B.Soc in July 2007, the society has since merged with the Skipton B.Soc.
The terms of the mortgage are 0.69% over base, interest only, over 25 years on borrowings of £121,000.
My question is this: On the offer of advance it states that the lender has a floor on the interest rate of 3%, however, there is no ceiling. This seems very one sided as the lender is protected from low rates while no such protection is given to the borrower from high rates, surely this is very one sided, is it worth challenging?

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  • silvercar
    silvercar Posts: 49,643 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    You had the choice whether to take it under those terms or go elsewhere.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • dunstonh
    dunstonh Posts: 119,785 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My question is this: On the offer of advance it states that the lender has a floor on the interest rate of 3%, however, there is no ceiling. This seems very one sided as the lender is protected from low rates while no such protection is given to the borrower from high rates, surely this is very one sided, is it worth challenging?

    If you dont choose to buy a cap and collar mortgage then you should not expect cap and collar terms.
    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.
  • amnblog
    amnblog Posts: 12,732 Forumite
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    Many small building societies use collars.


    Scarborough have been smart enough here to protect themselves against 5 years of a 0.5% base rate.


    If it is on the paperwork the borrower was made aware of it.
    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.
  • stator
    stator Posts: 7,441 Forumite
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    You'd have to take it to court and probably lose.
    Changing the world, one sarcastic comment at a time.
  • Sounds reasonable to me.
    Thinking critically since 1996....
  • ACG
    ACG Posts: 24,614 Forumite
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    Your daughter can move lenders if shes not happy.
    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.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    coffee18 wrote: »
    This seems very one sided as the lender is protected from low rates

    In what way do you feel that the lender is protected?
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