Mortgage Advice Guide

Suspect You Were Mis-Sold A Mortgage?

You could be owed thousands in compensation.
You could be owed thousands in compensation.

Circumstances in which a mortgage can be mis-sold

There are a number of different circumstances in which mortgages can be mis-sold, these are a few of the most common scenarios:

If you think you have a mis-sold mortgage claim, you should seek independent legal advice as quickly as possible as the statutory deadline for bringing a mis-sold mortgage claim is six years from the date you took the mortgage out.

Examples of mortgage mis-selling:

This is when the borrower only pays interest that accrues on the capital lump sum of the loan, this usually allows for a much lower monthly mortgage repayment, however, this means that the capital amount does not get repaid during the term of the mortgage. When the mortgage term ends, the capital outstanding becomes due for repayment. This can cause difficulties if the borrower does not have a lump sum to pay off the debt. If you took out an interest-only mortgage, it does not necessarily mean it was mis-sold to you. However, given the potential dangers for unprepared borrowers, there are specific FCA rules for how lenders and brokers must approach selling interest-only mortgages. This will involve the lender or broker obtaining evidence that you have the means to repay the interest and the capital amount of the mortgage at the end of the term. If none of these options were discussed with you at the time, your mortgage lender or broker may have mis-sold you your mortgage

An endowment policy is an investment product; they are set up as a regular savings plan and at the end of a set period pay out a lump sum. The policy includes an element of life assurance, so it will pay out if you die during the term. When these policies are linked to an interest only mortgage it is expected that the policy will have grown sufficiently over the term to repay the outstanding mortgage, however, this was not always the case. The size of the lump sum you get at the end of your endowment often depends on the performance of the investments. If the policy does not increase in value as intended, it could result in the final payout being insufficient to cover repayment of the mortgage. If the risks involved in an endowment policy were not fully explained to you, you may have a claim for compensation.

These are mortgages in which you did not need to prove your income or outgoings in order to be accepted. Essentially, it was left for the borrower to self-declare or certify that they were able to afford taking out the mortgage and would also be able to maintain the monthly payments throughout the term of the mortgage. Lenders & brokers have responsibilities to check that the borrower can afford the mortgage under FCA rules, being sold one of these mortgages can form a strong basis for a mis-sold mortgage claim.

If this has happened to you, your lender or broker should have notably discussed this with you when you took out the mortgage. After retirement, you will no longer be receiving a salary, so the lender or broker must have discussed your ability to continue paying the mortgage payments through other means. If they did not consider this when you took out the mortgage, it could represent mis-selling of the mortgage. 

You may have been advised by a lender or broker to consolidate smaller debts such as short-term loans and credit cards by re-mortgaging your house. Although this can reduce your monthly outgoings initially it also increases the amount of your mortgage, which may result in you paying more overall. Because the amount of your mortgage has increased it will accrue higher amounts of interest than before, and over a much longer term than personal loans and credit cards. If these issues were not raised at the time you took out the consolidation mortgage you may be entitled to compensation.

If you were charged unreasonably high fees for a mortgage, this could also constitute mis-selling. If the fees were added to the amount of the mortgage, this is increasing your debt, which means you would have paid interest on the fees that you were charged.

Lenders & Brokers are also under obligations to inform you of any fees which are payable as a result of switching mortgage lenders.

If you took your mortgage out through a broker, the lender may have paid your broker a commission without you knowing. If these commissions were excessively high there is good possibility that the broker would be incentivised to choose that lender for your mortgage, rather than looking at the most suitable product for you and your circumstances. It is worth investigating this further to see if you have been advised correctly.

From the 21st March 2016, all brokers must inform their customers of the amount of any commissions they receive, or if this is not yet known, they must agree to disclose this information when it has been established. If these obligations apply to your mortgage but have not been followed by the broker this could indicate a mis-sold mortgage.

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Case Audit

Complete the case audit

Answer a few questions in order to establish wether there is a basis for making a claim.

Friendly-Team.png

Your claim is reviewed

A specialist legal advisor can review your case and can provide advice on the next steps

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Your claim begins

Providing you meet the relevant critera, your claim will begin

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Testimonials

The advisor I spoke to was really helpfull and explained everything form start to finish. I would definetly recommend to others who are considering a mortgage claim.
Amanda Snell
Application process was simple. I discovered I had more than 1 claim. There was a bit of a wait, but eventually I got back more than what I thought I would. Thank you.
Jake Hadfield
Happy my claim went through. I was originally recommended by a friend. Wish I had known about this years ago. Banks will try and get away with anything these days!
Matthew Jones
The advisor I spoke to was really helpfull and explained everything form start to finish. I would definetly recommend to others who are considering a mortgage claim.​
Amanda Snell
Application process was simple. I discovered I had more than 1 claim. There was a bit of a wait, but eventually I got back more than what I thought I would. Thank you.
Jake Hadfield
Happy my claim went through. I was originally recommended by a friend. Wish I had known about this years ago. Banks will try and get away with anything these days!
Matthew Jones