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  • #1

    Getting no-where with Halifax mortgage complaint



    I have written to FSA, OFT and Trading Standards regarding a survey Halifax allegedly carried out on our new home. My complaint is two-fold.

    1) They don't appear to be taking my complaint seriously. The first letter was returned with all the documentation stating they couldn't find me on their system.
    They ignored the second letter when replying with the mortgage roll number.
    The third letter they replied saying that after investigation feel i have no cause to complain... had chance for different survey etc...

    2) They are missing the point that the survey included an inspection of the roof voids which clearly had issues.

    FSA said they don't deal with this type of stuff - speak with Ombudsman.
    Trading Standards referred me to CAB?!
    OFT said they have noted my complaint and share with others requesting info/audits etc.

    I have received a questionnaire from the Ombudsman - but if that falls flat on its face, any other suggestions?

    Cheers,
    Missy
    Last edited by SA Gold; 7 June 2013, 11:25.
    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
    Tags: account, act, action, arrangement, banks, bedroom, benefit, bespoke, borrowers, cab, claim, compensation, complaints, con, contract, debt, emails, eye, false, fee, financial, fine, fines, flat, fos, gold, halifax, hbos, help, insurance, investigation, investigations, legal, legislation, lenders, letter, loan, loss, master, missing, money, mortgage, mortgages, oft, paper, pay, problems, properties, purchase, questions, regulation, safe, sar, security, sra, sued, users, wrong
  • #2
    Re: Getting no-where with Halifax mortgage complaint

    I had problems with my surveyor when I bought my new house. There are so many get out clauses in their contracts you really don't have much come back with them. I managed to get a refund but that was more down to their customer service and them acknowledging that had fallen short of their normal standards.

    I hope you get it sorted - Has it help up the purchase of your house?

    Comment

    • #3
      Re: Getting no-where with Halifax mortgage complaint

      Hi Beefy,
      Sorry to hear you had hassle too.
      No, it didn't hold up the process, but we only realised their were problems with the roof after we had the keys and got in there
      I'm hoping i'll get something from them, but they aren't playing ball at the moment.
      When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Getting no-where with Halifax mortgage complaint

        I was under time constraints as I bought my house from Barratt Oakleaf and they wanted to move quickly.

        The surveyor missed off an out building from the report, put stuff on the report that must have been for another house and some really random stuff. When I asked some questions about a damp reading he basically told me he wasn't prepared to discuss it!

        Worst case was I would need to do some building work would would cost less than the amount of money I would lose if I pulled out the sale so I took the risk and went ahead.

        I am in and happy and so far no signs of damp but I do know I need to address the fact my outhouse bridges the damp proof course - Not that he picked up on that!!

        Normally with big companies you will need to take it to the top so I wish you well on with your fight!

        Comment

        • #5
          Re: Getting no-where with Halifax mortgage complaint

          Sorry to hear of your grief Beefy and sorry for the delay in replying. We haven't long heard back from the Ombudsman who have requested further information.

          I'll come back and let you know the outcome. Fingers crossed!
          When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Getting no-where with Halifax mortgage complaint

            Originally posted by missy View Post
            Sorry to hear of your grief Beefy and sorry for the delay in replying. We haven't long heard back from the Ombudsman who have requested further information.

            I'll come back and let you know the outcome. Fingers crossed!
            I hope your outcome is positive!

            Comment

            • #7
              Re: Getting no-where with Halifax mortgage complaint

              It will depend on what type of survey you ordered. Some are little more than a valuation report.

              Not sure if CPUTR will help here. PM Priority one with a link to your thread.

              Comment

              • #8
                Re: Getting no-where with Halifax mortgage complaint

                Originally posted by Beefy1976 View Post
                The surveyor missed off an out building from the report, put stuff on the report that must have been for another house and some really random stuff. When I asked some questions about a damp reading he basically told me he wasn't prepared to discuss it!

                Worst case was I would need to do some building work would would cost less than the amount of money I would lose if I pulled out the sale so I took the risk and went ahead.
                Who was the surveyor's client? Was the surveyor instructed by the lender (if you have a mortgage) or did you instruct the surveyor direct to act for you?

                If it was the lender's gig then the surveyor had a duty of care to the lender and not to you regardless of the fact that you may have paid for the cost of the survey. If you did pay for the lender's survey then you would have paid the money direct to the lender and not to the surveyor (if that helps to clarify the arrangement for you). If the survey was carried out on behalf of the lender then the surveyor has no obligation to discuss the contents with you. Most refuse point blank. Sometimes a lender will contact you after the surveyor's report is sent to them if it shows up any nasties. The lender will often say that it will advance the mortgage money subject to a retention of £XXX pounds which will be released once the work has been carried out within a specific timeframe (typically six months). This then becomes a condition of the loan.

                If you instructed the surveyor direct to act for you then you may have a case of professional negligence against the surveyor if you can quantify any loss you have made (if that makes sense!) as a result of his errors or omissions. All surveyors have professional indemnity insurance for this very reason.

                Plenty of lenders have sued surveyors (Countrywide mostly) for overvaluing property which left the lender with assets in negative equity. Ironically I've not yet seen borrowers suing surveyors for doing the same, precisely because the surveyor was not *advising* them (the hapless borrower) they were advising their client (the lender). If you want to be safe always commission a separate survey.

                So the first thing to do is establish who was the surveyor's client.

                Comment

                • #9
                  Re: Getting no-where with Halifax mortgage complaint

                  Originally posted by missy View Post
                  . . . regarding a survey Halifax allegedly carried out on our new home. My complaint is two-fold.

                  . . . The third letter they replied saying that after investigation feel i have no cause to complain... had chance for different survey etc...

                  2) They are missing the point that the survey included an inspection of the roof voids which clearly had issues.
                  Missy, I have a horrible feeling the FOS are correct to say that you had the opportunity to carry out your own survey. Everything I said in my last post to Beefy also applies to you. Sorry, I wish I could say something more positive

                  But look on the bright side, this was a repossession property which you bought at a below market value so not all bad

                  http://forums.all-about-debt.co.uk/s...-a-repossesion

                  Comment

                  • #10
                    Re: Getting no-where with Halifax mortgage complaint

                    Originally posted by Beefy1976 View Post
                    I hope your outcome is positive!
                    Thanks Beefy. Appreciated!

                    Originally posted by vint1954 View Post
                    It will depend on what type of survey you ordered. Some are little more than a valuation report.

                    Not sure if CPUTR will help here. PM Priority one with a link to your thread.
                    Hi Vint. Thanks for posting.
                    It is a basic report although does (or rather should have!) included some specific checks.
                    Interesting you mention CPUTR - i will do some homework on that, although if you have any pointers would love to hear from you
                    I will indeed drop P1 a message.

                    Originally posted by planB View Post
                    Missy, I have a horrible feeling the FOS are correct to say that you had the opportunity to carry out your own survey. Everything I said in my last post to Beefy also applies to you. Sorry, I wish I could say something more positive

                    But look on the bright side, this was a repossession property which you bought at a below market value so not all bad

                    http://forums.all-about-debt.co.uk/s...-a-repossesion
                    Hi PlanB. Thanks for posting.

                    It was Halifax who said we could have gone for another surveyor and i take on board your comments about it being a repossesion.

                    The financial ombudsman wrote yesterday asking for further information and the cost of the repair to the roof which i am stating was missed on the report.

                    The analogy i am using is if paid a motoring organisation £100 to check a second-hand vehicle for me which included: "check the spare wheel is present and legal" and on the first puncture discovered the wheel was missing; if they replied with "you had the chance to have our more expensive report" - i would go up and punch them on the bloody nose

                    I do hope this doesnt come across as ungrateful in response to your post, because it really isn't disregarding your comments - i am just clarifying the position.

                    Cheers
                    Missy
                    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #11
                      Re: Getting no-where with Halifax mortgage complaint

                      Love it mate. Classic
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #12
                        Re: Getting no-where with Halifax mortgage complaint

                        Originally posted by Never-In-Doubt View Post
                        Love it mate. Classic
                        Thought you might chief These clowns are getting close to a punch on the hooter mind
                        When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

                        • #13
                          Re: Getting no-where with Halifax mortgage complaint

                          Hi Missy..... thanks for the PM :-)

                          Can you elaborate a bit more on the type of "basic report" you paid to have carried out?

                          What was the report called?

                          Was it carried out in connection with releasing mortgage funds to help you buy the property.... or was it carried out for peace of mind reasons, so to speak, in connection with a cash purchase?

                          Was anything mentioned in any paperwork about NOT entering the loft space to survey that area?

                          Do you have any paperwork which outlined what the report intended to cover?..... and/or, what it would NOT cover?

                          My understanding is that any type of survey should contain a comment/clause relating to what it does/doesn't cover..... to enable you to weight up whether it's worth having as a standalone investigation. The logic behind this is that if one of these reports then throws up an anomaly, it gives you the opportunity to consider spending out further for a structural engineer's report to investigate things more deeply and clarify the points raised in the basic report. It also aims to cover the company/surveyor against any comeback....

                          When this involves releasing mortgage funds, most banks/building societies insist upon a follow-up report where necessary..... so that's the first thing we need to establish here.

                          Please can you also outline the basis of your complaint to Halifax; point by point, whether it was acknowledged as a "complaint", if they attempted to address any of your concerns at all.... and who it was addressed to?

                          :-)
                          Last edited by PriorityOne; 7 August 2013, 12:29.
                          Remember the mantra:
                          NEVER communicate by 'phone.
                          Send EVERYTHING by Recorded/Special Delivery
                          Keep a copy of EVERYTHING sent
                          Keep hold of EVERYTHING received
                          PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: Getting no-where with Halifax mortgage complaint

                            Hi P1,

                            Thanks for posting
                            Just sent you a PM with a link but here goes:

                            The property valuation was a condition of releasing mortgage funds to us.

                            The problem i can forsee with this is the checklist was on the website and not provided to me. As PlanB pointed out earlier on in the thread - they were appointed by the lender, not myself (although i did have to pay the fee - not sure if this may have some relevance)

                            The letter provided by Halifax is very basic - just age of house, construction of roof tile and in their opinnion the house is worth the amount offered.

                            Nothing was highlighted and from memory the only comments were that the property needs some general "improvements".

                            Halifax only provided one address on their website at the time of writing and returned the original letter and documentation (photo's, receipts etc) saying they couldnt find us on their system. Ignored the second letter and on the third said they were sorry we weren't happy but dont believe we have any cause to complain.
                            The say we had the chance to have a surveyor/survey of our choice but seem to ignore the fact that i sent the checklist of the type of report we had which stated an inspection of the roof voids would be carried out.

                            The acknowledged it as a complaint and said we had the right to complain to the Ombudsman within six months.

                            Many thanks for your help on this.
                            I need to get back to them by the 12th so am going to draft a reply up tonight.
                            If you have time, i can PM you the email they sent us. If not, im happy to put my point across - its ok ill leave the punch on the nose out
                            When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment

                            • #15
                              Re: Getting no-where with Halifax mortgage complaint

                              Well, according to the link you sent me..... the roof would be covered in any of the inspection types offered, which should have resulted in some comments re. what they found, so that you could make an informed decision about what to do next.

                              Please post a draft of what you want to say on here and I will tweak it.... your complaint needs to go to both Halifax (who requested the survey) and the company who carried out the survey; in your link.

                              If Halifax gave you a mortgage, then you would be on their system..... so their reply is rubbish, unless they gave you the house for free
                              Remember the mantra:
                              NEVER communicate by 'phone.
                              Send EVERYTHING by Recorded/Special Delivery
                              Keep a copy of EVERYTHING sent
                              Keep hold of EVERYTHING received
                              PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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