# Fixed - variable mortgage (meant to be tracker!)



## Brik (7 Sep 2011)

Hi All,

I read with interest the key post on moving to a tracker mortgage from fixed rate and maybe this post should be there (sorry), but my situation is a little different.

In 2007 I took out a mortgage with Halifax and on (very bad) advice we decided to fix for 3 year.  At the time the loan agreement was drawn up, I had assurances that it would roll to a tracker (ECB + 0.8) after the fixed period.  This was on the load agreement, but due to an error on the agreement, a new one was drawn up.  I did not spot it at the time, but it stated the loan would roll to a variable rate instead.

When the fixed period finished and I went to variable, I rang the bank and they said that the load agreement was that it would go to variable.

Of course I do not have the original loan agreements with the error (a typo) on it and due to a computer crash I no longer have the email from Halifax stating it would roll to tracker.

Do I have any come back against the bank?  To be fair, the variable rate is not too bad, but the tracker would be better.  As I am not financially trained would i have a case that I would have reasonably expected the final forms to state tracker?  Could I simply get a solicitor to write and Halifax may then switch it to a tracker, or would I have to fight it, which could cost more in the long run?

ANy advice appreciated.


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## 44brendan (7 Sep 2011)

You have no legal case here. You signed the loan agreement and the T&C should have been read by you before signing. Even after signing and before drawdown if you had an issue you should have approached the Bank. There is some possibility that an appeal to the Bank on the issue of the changed terms may result in them allowing you some leeway but legally they are not obliged to change the terms agreed by you.


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