Non Standard Construction Help !!

lindens

Computer_Beginner wrote: »

Why have you needed to cancel viewings from cash buyers?
It sounds like you're going to need to sell to a cash buyer.
Or a buyer who is using a less stringent mortgage lender.

i was wondering this too

stator

You still seem to think this is Halifax's fault for giving you a mortgage. It isn't.


No matter what Halifax say to you, they are not going to start offering mortgages to a buyer on a house they don't accept as safe collateral.



You need to find a cash buyer if you want to sell it or spend lots of money converting it to a standard construction house.

Hysteria

The reason i have had to cancel he viewings is Halifax dont want me to sell the house until they have finished there investigation.

playfull_monkey

No they lent the money on an asset originally that is not worth what they lent. Their due dilligence was wrong and so now the collateral that back the loan is not worth as much so rhey are liable.

OP Halifax may or may not play correctly but don't back down take it to a financial ombudsman as Halifax have mis sold a product (mortgage) based on incorrect information that their surveyors (their due diligence) provided. You will have to kick up a stink. If you can provide it has been made good all the better but don't back away. If it is non standard construction they need to share the risk with you and claim from their surveyor (which they won't as it is too small and they will self insure)

stator

playfull_monkey wrote: »

No they lent the money on an asset originally that is not worth what they lent. Their due dilligence was wrong and so now the collateral that back the loan is not worth as much so rhey are liable.

OP Halifax may or may not play correctly but don't back down take it to a financial ombudsman as Halifax have mis sold a product (mortgage) based on incorrect information that their surveyors (their due diligence) provided. You will have to kick up a stink. If you can provide it has been made good all the better but don't back away. If it is non standard construction they need to share the risk with you and claim from their surveyor (which they won't as it is too small and they will self insure)

Hah, well the OP will be glad that you are telling them what they want to hear. But I don't really see how you can justify this



OP has no lost anything due toe Halifax's actions, in fact the OP has had the benefit of a mortgage.


Halifax did not recommend to anyone to buy a house.


If the house was repossessed and they couldn't selll it for the mortgage price, Halifax could sue the surveyor.


The OP has no grounds for any compensation at all.

davidmcn

stator wrote: »

Halifax did not recommend to anyone to buy a house.

And in fact, the OP had bought the house some years before the Halifax arrived on the scene. So it would hardly have helped the OP if the Halifax had refused to remortgage.

Wobblydeb

Hysteria wrote: »

..... so we decided to move to another house we could extend

We had this surveyed when buying it through First Active nothing on the survey

Surely this is the problem survey, not the Halifax one? Do you have a copy of the survey from when you purchased? From what I can gather this brand belongs to RBS - perhaps you need to speak to them, rather than Halifax?

https://www.rbs.com/heritage/companies/first-active-plc.html

davidmcn

Wobblydeb wrote: »

Surely this is the problem survey, not the Halifax one? Do you have a copy of the survey from when you purchased? From what I can gather this brand belongs to RBS - perhaps you need to speak to them, rather than Halifax?

https://www.rbs.com/heritage/companies/first-active-plc.html

But (assuming this was a mortgage valuation report for the lender) they still wouldn't owe the OP a duty of care. And that's assuming the survey was even inaccurate or wasn't done to normal standards for the time.

OP seems to be clinging onto the fact that the Halifax say they have a valid complaint, but that seems to be just about the way they've handled his complaint, not the fact they offered a mortgage.

teneighty

davidmcn wrote: »

But (assuming this was a mortgage valuation report for the lender) they still wouldn't owe the OP a duty of care. And that's assuming the survey was even inaccurate or wasn't done to normal standards for the time.

OP seems to be clinging onto the fact that the Halifax say they have a valid complaint, but that seems to be just about the way they've handled his complaint, not the fact they offered a mortgage.

Actually the company undertaking the original mortgage valuation often does owe a duty of care to the mortgagee, especially if the mortgagee has paid a fee for the valuation and is sent a copy of the report. There is plenty of case law on this very point, it boils down to whether the purchaser would reasonably have relied on the report. That is why so many lenders now offer "free" valuations and you never see the report.

However, no liability after 12 years when the original mortgage valuation was carried out.

Hysteria

Update Time. Halifax still keeping me in the dark, They have promised to call me every day next week with an update they have 3.5 weeks left before the ombusman will take up my complaint.

They are fighting with Collies over email the people who surveyed the house to give me the mortgage. And have started to mumble on about they may have to pay to get all the work done to my house in order to get this off the non standard build so i can sell this house with no issues and everyone else who buys the house after me has no issues. This is now up to the next level with the complaints team within halifax they tell me.