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ERC Catch 22

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Nationwide have denied our request to portal our existing mortgage despite an 8 year unblemished repayment record , no detrimental changes to our circumstances and the borrowed sum now being less than 50% of the new properties value. We were able to obtain a mortgage immediately with another lender at the same interest rate but we are now face with paying a £3,000 ERC if we leave NW
We have appealed against NW’s decision but ,with time running out ,we may have to go with the other lender 
As it is the actions of NW that have forced us to go elsewhere , are there any  grounds that we can avoid paying the ERC
thanks 

Comments

  • MWT
    MWT Posts: 10,208 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Short answer is 'no'.
    Porting a mortgage is always subject to approval, denial of the request to port doesn't remove the obligation to pay the ERC.
    Were you given any reason for the denial?
  • ACG
    ACG Posts: 24,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    No. Porting your mortgage involves a new application (you are just taking the rate with you), you and the property has to fit the criteria as of today and pass affordability today. If they do not back down, there is not much you can do unless you fit criteria, although if there is no additional borrowing, I would push it. 
    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.
  • Thanks for the response. I thought I was probably clutching at straws.
     The only reason given for the refusal was ‘ a change in criteria “.
    We are getting paperwork together for the appeal. Fingers crossed 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    We are getting paperwork together for the appeal. Fingers crossed 
    Pointless. The charge imposed is contractual. You agreed to the terms and conditions when selecting the product. 
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Criteria changes all the time and porting is at the lenders discretion, not guaranteed

    Lenders have become more cautious due To the recent world changing events
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Nationwide haven't forced you to move home.   Simple as that. 
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