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Is it worth putting in a complaint to both Solicitor and lender
[Deleted User]
Posts: 0 Newbie
I am a first time buyer, buying a chain free flat and I am being messed about by both my lender and solicitor. I will be doing a same day exchange and completion
I was finally issued with a mortgage offer after a three month wait. This was on 7th October. I received my copy on 13th October, and sent e-mail to solicitor confirming I'd received my copy, and suggested a completion date of no later than 30th October, as I was told early October that the only thing left to do was my Mortgage.
On 19th October, I heard back from my solicitor and she said she had not received her copy. My lender sent it to the wrong branch. I left my solicitor to sort it out.
A week later, my solicitor still hadn't received her copy, but told me the lender had confirmed they were sorting it but they had a backlog.
After another couple of weeks, and missing the 30th October, I phoned the lender myself and asked what was going on. I was told I needed to fill in a change of solicitor form, even though I was not changing solicitor. I immediately phoned my solicitor to tell her this, but before I could, I was told the updated mortgage offer had been received. We then set a provisional completion date of 17th November. I'd receive the report and completion statement the next day.
On 12th November I was told by my solicitor, with an apology, that it was not in fact the updated offer she received but a cover fax from the lender. She then spoke to them at length and it was agreed, in order to avoid further delays, that my Mortgage money would be sent to the incorrect branch, and then my solicitor would reconcile the money from the incorrect branch. My solicitor urgently tried to contact the sellers solicitors to get the OK to request the mortgage funds. I paid my completion balance on the 12th November.
Later that day I had another email from my solicitor saying that the 17th November couldn't be reached for exchange and completion, as the sellers solicitor had been on paternity leave and was just returning to the office. The case had been passed down to someone else in their absence but they couldn't really deal with it / it wasn't their commission so didn't feel the urge to deal with it. All parties are annoyed at this point! The sellers needed to sign a lease. My case is now urgent.
Frustratingly the lease didn't get sent out for another two weeks, and the sellers solicitor didn't receive it back until 30th November. On 25th November, I was notified that it had been sent to the sellers and that we could go ahead with a completion on 4th December on the basis the signed lease had been returned. I signed and returned my copy on 1st December.
My solicitor requests the funds from lender by sending in the certificate of title on 30th November .
Today, 4th December, I learn that the funds have not been released, because my lender requires 5 working days to release the funds. (I found this out by looking at the CML handbook) and therefore will not be able to complete tomorrow. My solicitor never got official confirmation from the sellers solicitor about completing tomorrow, anyway.
I have missed four exchange completion dates now:
30th October
17th November
27th November
4th December
I am absolutely cheesed off at being messed around. I am not even in a chain so there should be no stress, and nor would I be if I wasn't being messed around by solicitors and lender.
Would you recommend putting in a complaint?
Thank You
I was finally issued with a mortgage offer after a three month wait. This was on 7th October. I received my copy on 13th October, and sent e-mail to solicitor confirming I'd received my copy, and suggested a completion date of no later than 30th October, as I was told early October that the only thing left to do was my Mortgage.
On 19th October, I heard back from my solicitor and she said she had not received her copy. My lender sent it to the wrong branch. I left my solicitor to sort it out.
A week later, my solicitor still hadn't received her copy, but told me the lender had confirmed they were sorting it but they had a backlog.
After another couple of weeks, and missing the 30th October, I phoned the lender myself and asked what was going on. I was told I needed to fill in a change of solicitor form, even though I was not changing solicitor. I immediately phoned my solicitor to tell her this, but before I could, I was told the updated mortgage offer had been received. We then set a provisional completion date of 17th November. I'd receive the report and completion statement the next day.
On 12th November I was told by my solicitor, with an apology, that it was not in fact the updated offer she received but a cover fax from the lender. She then spoke to them at length and it was agreed, in order to avoid further delays, that my Mortgage money would be sent to the incorrect branch, and then my solicitor would reconcile the money from the incorrect branch. My solicitor urgently tried to contact the sellers solicitors to get the OK to request the mortgage funds. I paid my completion balance on the 12th November.
Later that day I had another email from my solicitor saying that the 17th November couldn't be reached for exchange and completion, as the sellers solicitor had been on paternity leave and was just returning to the office. The case had been passed down to someone else in their absence but they couldn't really deal with it / it wasn't their commission so didn't feel the urge to deal with it. All parties are annoyed at this point! The sellers needed to sign a lease. My case is now urgent.
Frustratingly the lease didn't get sent out for another two weeks, and the sellers solicitor didn't receive it back until 30th November. On 25th November, I was notified that it had been sent to the sellers and that we could go ahead with a completion on 4th December on the basis the signed lease had been returned. I signed and returned my copy on 1st December.
My solicitor requests the funds from lender by sending in the certificate of title on 30th November .
Today, 4th December, I learn that the funds have not been released, because my lender requires 5 working days to release the funds. (I found this out by looking at the CML handbook) and therefore will not be able to complete tomorrow. My solicitor never got official confirmation from the sellers solicitor about completing tomorrow, anyway.
I have missed four exchange completion dates now:
30th October
17th November
27th November
4th December
I am absolutely cheesed off at being messed around. I am not even in a chain so there should be no stress, and nor would I be if I wasn't being messed around by solicitors and lender.
Would you recommend putting in a complaint?
Thank You
0
Comments
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What have your actual financial losses been please? Have you followed their complaints procedures? (Both ?)
But in yours shoes I'd stay calm and polite, ask nicely if there's anything you can do to help (quite possibly again...) , buy the place, get moved in THEN start formal complaint.
Complaining now will likely put their backs up & drop you even lower in their priority pile.
There is a pandemic on of course.
On what basis was solicitor chosen, cheapest, best ratings, personal recommendation?
I've probably bought 15+ properties:. sometimes it goes ok, often not, often daft stupid issues, sometimes of my making. Bit like marriage, you won't know until a couple of years later if it was a good idea or not.
Good luck, hope it happens.
Artful:. Now on 3rd successful marriage....0 -
So far my financial losses have been zero. I haven't even looked at their complaints procedure as I wanted to get opinions off of here firsttheartfullodger said:What have your actual financial losses been please? Have you followed their complaints procedures? (Both ?)
But in yours shoes I'd stay calm and polite, ask nicely if there's anything you can do to help (quite possibly again...) , buy the place, get moved in THEN start formal complaint.
Complaining now will likely put their backs up & drop you even lower in their priority pile.
There is a pandemic on of course.
On what basis was solicitor chosen, cheapest, best ratings, personal recommendation?
Good luck, hope it happens.
I will not put in a complaint now, of course. I will indeed wait until the transaction is completed.
I know there is a pandemic on and that solicitors are very busy but I'm buying a chain free property, the legal work was started in June. I should have moved in by now!
I choose them on the basis that they did have good reviews, but also offered free searches on another property if this current one falls through for any reason, a little "money back" if you like.
Thank you, I hope it happens too!0 -
Who gave the lender the wrong office for the solicitor?0
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The vendors lease issue has delayed matters in any event. Hence why it's not wise to micro manage just your own side of the transaction. As needs everything to come together. People have their own agendas and priorities. Whatever they might say to your face.0
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