Carrington Carr Miss-sold Mortgage

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Hi all

Im hoping someone can give me some advice on the below!

I recieved a letter yesterday off the solicitor who completed all the legalities when we remortgaged, saying that they have been alerted that some of their clients may have been miss sold their mortgage by Carrington Carr. (we took ours out via them in nov 2009.)


It bullet points a number of ways in which we may have been miss sold - the main that apply to us are
  • the mortgage wasnt suitable based on our circumstances - we were on a tracker repayment mortgage and were advised to change to a fixed rate, interest only mortagage - looking back i realise this was ridiculous, but at the time the advisor did the hard sell on us, and was insistent that as a re-election was due, interest rates would rocket and this was the option to go with!!)
  • you were advised to debt consolidate - yes we were told we should add £7.5k of loan/credit card charges to the mortgage
  • fees paid to broker were added to the mortgage - yes - we were told about an arrangement fee £995 that was to be added on, however, once the advisor brought all the documents to us to sign, an additonal £2392 had been added to the mortgage for broker fees! At the time i felt so pressured to sign as he was so insistent (he even said we had to meet on a carpark to sign as he said we were going to miss the 'deal' if we didnt get it all signed off that night!). This has made me so angry when i think about it ever since, it was never explained there would be a fee for this amount, let alone adding it onto the mortgage where interest would be added on over the years. Looking back at all the paperwork now, Carrington Carr also got a payment from alliance and leicester of £498 for us taking out the mortgage!
We were previously with Nationwide and redemption balance was only £112,692, however by the time carrington carr had finished with us the new mortgage with alliance and leicester was completed at £125,495!

THe solicitors letter says i can complain myself to L&G as they were responsible for the advise, or use an independent claims management company they have identified called Mac-Fin consulting.

Do you think i should just write a letter to L&G in the first instance, outlining the above and see what they come back with?

Thanks in advance!

Susie
«13

Comments

  • dunstonh
    dunstonh Posts: 116,467 Forumite
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    Be wary, there are some currrent scams being done by claims companies encouraging fake complaints into mortgages as a form of advance fee fraud. i.e. they tell you that you were missold (despite not knowing about what mortgage advice you were given or what forms were completed or issued to you), suggest you will get some big pay out and then hit you with an up front fee. most complaints end up being rejected but the person has lost that up front fee they paid.
    the mortgage wasnt suitable based on our circumstances - we were on a tracker repayment mortgage and were advised to change to a fixed rate, interest only mortagage - looking back i realise this was ridiculous, but at the time the advisor did the hard sell on us, and was insistent that as a re-election was due, interest rates would rocket and this was the option to go with!!)

    That is not ridiculous and a complaint on that basis would fail. Going from a variable rate to a fixed rate is not a valid reason for complaint. It is ridiculous to even suggest it. You go with fixed rate to give you certainty of payment. Not to be cheapest. Sometimes it may be cheapest, sometimes it will turn out not to be. However, that is irrelevant. It is the security of knowing your mortgage will not go up if the rates rise.
    you were advised to debt consolidate - yes we were told we should add £7.5k of loan/credit card charges to the mortgage

    Nothing wrong with that. millions of people do that. Always have, always will. Mortgage interest rates are lower than short term personal loans and credit cards. Debt consolidation onto lower interest rate debt can save you money in the short term and allow you to get back on your feet or to pay that chunk off quicker or free up funds each month because you are spreading it longer. Nothing wrong there.
    fees paid to broker were added to the mortgage -
    This is the one that suggests you are not being scammed more than any other. There is and never has been any problem with adding fees to the mortgage.

    Carrington Carr were not well liked and did many things wrong over the years (such as single premium MPPI). However the things you mention are you not mis-sales. They are normal every day things that happen and would be expected to happen.
    THe solicitors letter says i can complain myself to L&G as they were responsible for the advise, or use an independent claims management company they have identified called Mac-Fin consulting.

    They have to tell you that you can complain yourself but what they are hoping is that you use the claims company and they get a back hander.
    Do you think i should just write a letter to L&G in the first instance, outlining the above and see what they come back with?

    You can write to L&G and tell them that. It should be very easy for L&G to reject all those points with a half decent client file. You may get lucky if the file is poor quality. However, most of your complaint reasons are not even valid. A couple of areas would just need a few risk warnings on the documentation (which will almost certainly be there for a 2009 case - maybe not an earlier year but I would think they would be there by 2009 even in the worst of companies).

    Forget the letter for the moment. That is just an attempt to make money out of you. Do you think you were mis-sold? Did you not get what you wanted? What evidence have you got to support your views? Until you got this letter, did you think you were mis-sold?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • slynn
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    Hi , thanks for taking the time to reply.

    I didnt mean the fixed rate was ridiculous -i agree that the certaintly of payment is a plus point -however, advising us to go on an interest only mortgage when previously we were on a repayment mortgage does.

    I havent not got a gripe with adding the loan to mortgage, we were fully aware that we were doing that. (it was just a bullet point in the letter)
    I have however always begrudged the fact that we were never informed of the broker fees, the first time i saw these was when everything was in place and it was just a case of us signing the final documents - at this point i felt there was no other option than to just sign. In the mortgage suitablity report there is no mention of the £2.3k fee, only the £995 fee.

    Thanks
  • dunstonh
    dunstonh Posts: 116,467 Forumite
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    I didnt mean the fixed rate was ridiculous -i agree that the certaintly of payment is a plus point -however, advising us to go on an interest only mortgage when previously we were on a repayment mortgage does.

    Going interest only from a repayment basis is certainly an area of concern unless your finances at the time showed you had short term issues of affordability and that this was just a short term measure.
    I have however always begrudged the fact that we were never informed of the broker fees, the first time i saw these was when everything was in place and it was just a case of us signing the final documents - at this point i felt there was no other option than to just sign. In the mortgage suitablity report there is no mention of the £2.3k fee, only the £995 fee.

    Whilst I don't doubt you (as CC were known to do things like this) the problem is that the documentation wont support your case. The fees would be in the mortgage key features illustration which is issued prior to signing the offer letter. Usually days or weeks before. if they were not in there, then you have a strong case. However, if they are then it just looks like you didnt read what you were issued. Documentation is so often King in these things. Check your documentation to see what it says.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • magpiecottage
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    • fees paid to broker were added to the mortgage - yes - we were told about an arrangement fee £995 that was to be added on, however, once the advisor brought all the documents to us to sign, an additonal £2392 had been added to the mortgage for broker fees! At the time i felt so pressured to sign as he was so insistent (he even said we had to meet on a carpark to sign as he said we were going to miss the 'deal' if we didnt get it all signed off that night!).

    If you still have the original illustration and it does not mention the fees you have grounds for complaint.


    In addition, Carrington Carr were in the habit of adding getting customers to sign up to a "mortgage advice for life" deal for £2,000-£2,500. This is bad advice firstly because, as turns out to have been the case, they are not there to deliver but also because you have to pay interest on it (you could otherwise have borrowed £2,392 less).


    So you can indeed complain to Legal & General whom they represented. Legal & General may offer to provide the mortgage advice instead but I would insist that they put you back into the position you would have been in had the recommendation never been made - i.e. pay £2,392 off your loan and return the interest you paid on it.I suppose if they upheld a complaint that the interest-only mortgage was missold they could use the overpayments toward reducing the capital to the level it would have now reached instead. As you paid less on the rest of the loan in the interim that may be fair.


    What is the name of these "solicitors". I am interested because there is rumour that the directors of Carrington Carr have started an ambulance chaser and I wonder how they managed to obtain your personal data.
  • slynn
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    Hi all, the solicitors who wrote to me were the ones who dealt with the actual remortgage, they are called martin kaye and are based in telford. They haven't passed my details onto Mac fin, they were just recommending a service should we choose not to pursue ourselves.
    I've sent a letter to l&g, nothing will probably come of it but least I've tried!
  • magpiecottage
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    slynn wrote: »
    I've sent a letter to l&g, nothing will probably come of it but least I've tried!

    Less than a pound outlay so far.

    Another pound or so to go to FOS if it doesn't work.

    I suppose if you lose you are worse off by that amount. If you win, you will end up keeping about half as much again as if you get an ambulance chaser to do it.

    Since they can't do anything you can't I'd say it was a shrewd move.
  • mother25
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    Hi there

    I am new to this, I was hoping someone may be able to help me, we re mortgaged using Carrington Carr in 2002 and again in 2004.
    We have not had any letters from solicitors about making a claim.

    Who would we contact with regard to claiming mis sold lump sum premiums now that the company has folded?

    Many thanks to anyone who takes a look
  • antrobus
    antrobus Posts: 17,386 Forumite
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    mother25 wrote: »
    Hi there

    I am new to this, I was hoping someone may be able to help me, we re mortgaged using Carrington Carr in 2002 and again in 2004.
    We have not had any letters from solicitors about making a claim.

    Who would we contact with regard to claiming mis sold lump sum premiums now that the company has folded?

    Many thanks to anyone who takes a look

    Legal & General. Carrington Carr were their appointed representatives and people have reported successes here on MSE in getting their PPI claims accepted by L&G.
    slynn wrote: »
    ...I recieved a letter yesterday off the solicitor who completed all the legalities when we remortgaged, saying that they have been alerted that some of their clients may have been miss sold their mortgage by Carrington Carr. (we took ours out via them in nov 2009.).....

    Hang on a cotton-pickin moment! You've received a letter, now in 2013, from the solicitors who handled your remortgage, to advise you that the deal you did in 2009 might not have been in your best interests? Why didn't they tell you that in 2009 before you signed the deal?

    Am I the only person sufficiently cyncical to think that there might be a little back-side covering taking place here?
  • dunstonh
    dunstonh Posts: 116,467 Forumite
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    I am new to this, I was hoping someone may be able to help me, we re mortgaged using Carrington Carr in 2002 and again in 2004.
    We have not had any letters from solicitors about making a claim.

    Mortgages did not become regulated until October 2004. So, anything earlier than that is pre-regulation.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dunstonh
    dunstonh Posts: 116,467 Forumite
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    You will note all MSE commentary regarding pre Jan 2005 single premium complaints state there is no route to redress for these types of complaint

    Rather than tout for business, why not tell us how pre-regulation complaints by people not previously covered by an earlier body can result in redress?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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