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Halifax Porting Mortgage Problems! Please help

Good Afternoon All,
Hope you're all well and keeping safe.
Please can someone provide me with some advice? My Partner and I have decided to move home. Our current mortgage is with Halifax and our Mortgage Offer paperwork that we were provided with 2 years ago clearly states that we can port the mortgage across.
I applied for a Decision in Principle which was all fine - yesterday evening, I went through the mortgage application. Today, I had a call from the Mortgage Advisor advising me that they cannot port the mortgage and waive the Early Repayment Charges because we are so close to our 3 month period before the Fixed Rate ends (this ends on 30 June 2021) - they have therefore advised that we can either proceed with the application now and pay the ERCs - or wait until 01 April 2021 to submit a mortgage application where the ERCs will be waived.  The issue we have is that we are purchasing a new-build and the developer has stated that we have 6 weeks to exchange - otherwise we risk losing the house along with the reservation fee we have already paid. I know that developers always push for this and can delay the timeframe if they choose - however, even then the 6 weeks takes us to 23 March 2021.  If we submitted an application on 01 April 2021, then I know that they can take a few weeks.  We are looking at approximately 10-15 weeks!
Our only option is to look for another mortgage provider and paying the ERC but I think that this is unfair from Halifax to assert this. The reason is because we are so close to the 3 month window before our fixed rate ends - but the mortgage offer paperwork doesn't stipulate a timeframe on when the ERCs are applicable (or not applicable).
Has anyone else had this issue with Halifax? Is it worth me even raising a complaint or am I fighting a losing battle? 
Many thanks.

Comments

  • Racky_Roo
    Racky_Roo Posts: 391 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Does the paperwork have a T&C saying you can't port within 3 months of the fixed rate ending? If so, then no you can't complain as it's stated in the T&C's. Most banks will have T&C's around porting, it's not a given it will be agreed
  • buffness
    buffness Posts: 233 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Racky_Roo said:
    Does the paperwork have a T&C saying you can't port within 3 months of the fixed rate ending? If so, then no you can't complain as it's stated in the T&C's. Most banks will have T&C's around porting, it's not a given it will be agreed
    No the mortgage offer doesn't state that - it states:

    Taking your product rate to a new mortgage
    In the future, you can apply for a new loan on another property. If Halifax agrees to the new loan
    you can take the following product(s) and any early repayment charge with you for the remainder
    of the product rate period(s). New loan applications are assessed in line with the lending policy
    at that time which may, for example, affect the repayment method, loan amount or term. The
    new loan will be subject to the terms and conditions in force when you make your application.
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