We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Mis-sold Mortgage

I was mis-sold a mortgage by First Gold Independent Financial Advisors, in April 2004. I had previously had a mortgage for 17 years, when the rep advised me to remortgage and make a saving of 2years off the rest of the term, which i took upon his word.

After 3 years i noticed for borrowing an extra £700 he actually extended the term of the mortgage for another 2 year, costing me in the region of nearly £6000. I contacted the financial ombudsman who told me that there was nothing that could be done because the mortgage was taken out in April 2004 and there advisory service didnt start until October 2004.

I contacted a solicitor about the mis-representation and the fact that the agent is in business, mis-representing.

Is there anything i can do, apart from taking out civil proceedings against the agent?

Comments

  • toonfish
    toonfish Posts: 1,260 Forumite
    I don't see that you have much chance as the mortgage was not regulated, and you and your solicitor would also have recieved a mortgage offer showing the term and details of the loan.
    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.



  • dunstonh
    dunstonh Posts: 120,707 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You should perhaps be looking at the original solicitor here and not the lender/adviser. He should have confirmed the terms with you before you signed the contract.

    The application would have had the term of the mortgage. The contract offer had the term of the mortgage. You put your signature to both of those. The offer letter comes direct to you from lender so the broker/adviser has no input there. The solicitor discloses the terms of the borrowing to you and the broker/adviser has no input there.

    So, as it was unregulated at the time, then you would have to explain how you managed to sign two documents showing the term and explain why you didnt query it when your solicitor pointed it out to you.
    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.
  • poppy10_2
    poppy10_2 Posts: 6,596 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Moral of the story: Always READ legal documents before signing them. Especially when they involve such large sums of money.
    poppy10
  • mightymouse
    mightymouse Posts: 319 Forumite
    Part of the Furniture Combo Breaker
    Hi
    I
    I contacted the financial ombudsman who told me that there was nothing that could be done because the mortgage was taken out in April 2004 and there advisory service didnt start until October 2004.

    What exact reason did the Ombudsman give for not considering the matter as my infomation would say that they would / could have looked at your claim....

    The FSA regulates the financial services industry under the Financial Services and Markets Act 2000:

    The Financial Services Authority has been responsible for regulating mortgage lending on a statutory (legal) basis since 31 October 2004.

    Complaints relating to events before 31 October 2004 may nevertheless be eligible for consideration by the Financial Ombudsman Service.
  • mightymouse
    mightymouse Posts: 319 Forumite
    Part of the Furniture Combo Breaker
    Hi

    What is the FSA register number quoted? I cannot find partial or trading name?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.1K Banking & Borrowing
  • 254K Reduce Debt & Boost Income
  • 454.8K Spending & Discounts
  • 246.2K Work, Benefits & Business
  • 602.3K Mortgages, Homes & Bills
  • 177.9K Life & Family
  • 260.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.