HELP TO BUY EQUITY LOAN

HTBapplication

Hello,

I was in the process of purchasing a flat under HTB equity loan.

The ATP was issued and I was about to exchange. 

However I needed to make a small amendment to the ATP so I did so.

Unfortunately once I submitted for amendment my application was reviewed by a different person again, where they rejected it and highlighted the fact that my mum ( who I am purchasing with) would need to do a joint application with my dad as they are married.

This was obviously not highlighted to us beforehand by the mortgage advisor or solicitor, and clearly it was approved already by HTB which they admitted it shouldn’t have. 

This mistake had however now cost me a fair amount of legal fees with solicitors etc.

Is it possible to complain or hold HTB accountable for that mistake and expect them to pay me back the loss in legal fees?

Thrugelmir

What is the eligibility criteria?

To apply, you must be:

• aged 18 or older
• a first-time buyer

You cannot:

• own a home or land anywhere in the world now or in the past
• have had any form of sharia mortgage finance
• own a home bought with other people or inherited
• be married or in a co-habiting relationship, either now or on legal completion with anyone who owns or has owned a home or land anywhere in the world
• buy a second home

If you’re married or in a co-habiting relationship, you’ll have to make a joint application with your spouse or civil partner and both live in the home having it as your only residence.

HTBapplication

I am already aware of this. Please re read my post. 

It is regarding already having ATP issued then being rejected after an amendment. Where the original ATP was issued in error by HTB. 

[Deleted User]

who submitted the ATP?  The broker or yourself?  If the broker then yes there is likely to be liability.  If it was yourself then you are expected to be aware of the conditions prior to application.  

The system allows brokers to invite clients to allow them to complete an application for them.  If they did that then yes make a complaint to the broker.  

As far as I am aware the solicitor will not have 'advising on suitability or eligibility of HTB' on their terms of business so there is likely to be no complaint route there as it doesnt sound like they have done anything wrong apart from work within their remit  

HTBapplication

Deleted_User said:

who submitted the ATP?  The broker or yourself?  If the broker then yes there is likely to be liability.  If it was yourself then you are expected to be aware of the conditions prior to application.  

The system allows brokers to invite clients to allow them to complete an application for them.  If they did that then yes make a complaint to the broker.  

As far as I am aware the solicitor will not have 'advising on suitability or eligibility of HTB' on their terms of business so there is likely to be no complaint route there as it doesnt sound like they have done anything wrong apart from work within their remit  

Thank you for your reply,
Yes the broker carried out the application. And I pressed the final submit button.

However the ATP was issued and granted, so the mistake was not even picked up by HTB initially.
and with that ATP I was obviously able to apply for a mortgage etc. 
So could a complaint be made against HTB for giving the initial go ahead? 

Thrugelmir

HTBapplication said:

Deleted_User said:

who submitted the ATP?  The broker or yourself?  If the broker then yes there is likely to be liability.  If it was yourself then you are expected to be aware of the conditions prior to application.  

The system allows brokers to invite clients to allow them to complete an application for them.  If they did that then yes make a complaint to the broker.  

As far as I am aware the solicitor will not have 'advising on suitability or eligibility of HTB' on their terms of business so there is likely to be no complaint route there as it doesnt sound like they have done anything wrong apart from work within their remit  

Thank you for your reply,
Yes the broker carried out the application. And I pressed the final submit button.

However the ATP was issued and granted, so the mistake was not even picked up by HTB initially.
and with that ATP I was obviously able to apply for a mortgage etc. 
So could a complaint be made against HTB for giving the initial go ahead? 

They'll simply default to the eligibility criteria. Which the applicants should have read at the outset. Passing the blame isn't going to wash. 

HTBapplication

So does it ultimately fall on the buyers then? 

Wow

Thrugelmir said:

HTBapplication said:

Deleted_User said:

who submitted the ATP?  The broker or yourself?  If the broker then yes there is likely to be liability.  If it was yourself then you are expected to be aware of the conditions prior to application.  

The system allows brokers to invite clients to allow them to complete an application for them.  If they did that then yes make a complaint to the broker.  

As far as I am aware the solicitor will not have 'advising on suitability or eligibility of HTB' on their terms of business so there is likely to be no complaint route there as it doesnt sound like they have done anything wrong apart from work within their remit  

Thank you for your reply,
Yes the broker carried out the application. And I pressed the final submit button.

However the ATP was issued and granted, so the mistake was not even picked up by HTB initially.
and with that ATP I was obviously able to apply for a mortgage etc. 
So could a complaint be made against HTB for giving the initial go ahead? 

They'll simply default to the eligibility criteria. Which the applicants should have read at the outset. Passing the blame isn't going to wash. 

[Deleted User]

If the broker sent you the invite to allow them to submit the htb on your behalf then i would say that they would hold responsibility for it (or at least partial responsibility).

Not sure how you can press the submit button though if the broker did it through their sign in details. 

[Deleted User]

Also check on your brokers terms of business to confirm what they advise on.  Mine specifically states that i advise on help to buy so that would leave me open to complaint in this case.  If it said i can arrange the mortgage but won't advise on the suitability of htb then i wouldn't do anything until you had an atp and would just apply for the mortgage if that makes sense 

HTBapplication

Thank you for that, I will do.
it just seemed ridiculous that an ATP could be issued by mistake. 

silvercar

is this a two borrowers one owner mortgage? Or is the plan for your mother to live with you in the HTB property?