Mis-sold Mortgages

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A large number of mortgages, arranged before 2014, have resulted in borrowers receiving negligent mortgage advice or being wrongly overcharged thousands of pounds, which means that our specialist legal team may be able to claim a refund on your behalf.

There are a number of possible areas your mortgage could have been mis-sold. Typical issues are, not being told about the existence of the commission your adviser received from the lender, these commissions can be in the thousands. Possibly you were advised to self-certify your earnings or to exaggerate your earnings in order to borrow additional funds, with the caveat that inflation will make the value of your home so your investment will always be sound. Another problem occurs when the end date on your mortgage is after your retirement date.

The dangers of interest-only mortgages

Interest-only mortgages are not for everyone and are dangerous if the client does not fully appreciate the implications. If you were unaware of the differences between an interest-only and a capital repayment mortgage and you advisor never clarified this or made sure that you had the means to repay the mortgage over its entire life – this is a form of mis-selling. Over the life of your mortgage, you will have paid substantially more for the mortgage.

In summary - a mortgage can be termed mis-sold if:

  • You were unaware of any commission your mortgage advisor received from the lender.
  • There were insufficient checks to ensure that you could meet the repayments over the life of the mortgage.
  • Without your knowledge, your advisor put the wrong information on your mortgage application in order to obtain a higher mortgage offer.
  • Have you been advised to consolidate credit cards or loans into your mortgage.
  • Your retirement age was reached before your mortgage was paid off.
  • You were wrongly advised to take out an interest-only mortgage.
  • Your advisor sold a high commission product to you, that was wrong for your needs, in place of a more appropriate solution that paid less commission.

There are other ways your Mortgage may have been mis-sold or mismanaged, for example, if you ever missed a payment on your mortgage or ended up for some reason with your mortgage in arrears, or if the way your interest was calculated was incorrect you could be owed a significant amount of money.

Have you been overcharged on your mortgage

If you took out a mortgage after July 1995 you could have fallen prey to another problem. When your lender made you a mortgage offer, you were given the interest rate that applies to your mortgage at that point in time. You agreed to accept this interest rate as part of your contractual obligation. At this point, you are in the hands of professionals to ensure that all interest rate calculations are done correctly as per your offer.

It would appear that there have been errors in the systems of many lenders and due to the interest miscalculation by the lender many borrowers have vastly overpaid on their mortgage. If this applies to you, it may be possible to claim compensation for these errors.

To find out if you are entitled to a mortgage overpayment refund, check your mortgage agreements, and contact Goldman Knightley, we will establish if you have a mortgage refund claim, with no cost to you. This is a no-obligation offer but if you prefer you can take your complaint direct to The Financial Ombudsman and these services will be long-winded but completely free of charge.

If you wish to pursue a claim, our expert panel of solicitors, who specialise in mortgage compensation, can progress your case on a ‘No Win, No Fee basis’, we will not charge you any fees if your case is not successful.

We do not charge for the assessment, this is entirely at our cost, you simply complete the form provided and we will confirm if you have grounds for a mortgage claim.

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Call us now on 01204 563 533 for free, no obligation advice.

We can act for you in the vast majority of cases on a No Win No Fee Basis.

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Frequently asked questions Does a Claim impact on my credit rating or my mortgage?
Your claim is independent of the credit reference agencies and your mortgage provider and as a result, will not impact your credit rating or your mortgage. Your mortgage company have a duty of care to their customers and must be fair in their dealings with you.
What If this is a historical claim and I don’t now own the property?
It may me that you have been forced to sell or abandon your home due to high mortgage costs, and this may have been as a result of mis-selling in the process of taking out your mortgage. In these circumstances, we think you may have a valid claim.
I have sold the property the mortgage applied to does this impact my case?
Who currently owns the house is not important; it is the mortgage that is important to the case.
What if I have lost or misplaced the original documentation?
This is not usually a problem, providing you have the name of the lender and the approximate dates. If you have any relevant letters or documents, keep them, they could be useful. Our process is designed to be simple, so we only need a few basic items of information to allow us to process your claim directly with your mortgage lender.
If I will compensation, does it come from the lender?
There can be a number of parties involved in your mortgage application. Your lender or broker could both be culpable, depending on what mortgage advice was given.
What happens if my broker or lender is no longer in business?
Even if the other parties involved in your mortgage application have ceased trading, it is still possible to claim from the Financial Services Compensation Scheme (FSCS) that was established for such events.
I do not like the idea of going to court, will I be called on to do so?
Don’t worry; it would be very unusual for the case not to be settled before litigation. In the unlikely event that your broker or lender chooses to fight the case, Goldman Knightly will represent you. Only in these circumstances could you be required to attend court.
How are you paid?
As mentioned earlier, should we take your case, we do not charge any upfront fees. All the costs are dealt with by Goldman Knightly. Only when your case is successful, will we charge you a percentage of your compensation. Our typical fee is 37% + VAT to cover all our costs.
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