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Set out below as
some of our regular areas of practice
Mortgage Mis-selling:
We are also
experienced in financial mis-selling both by brokers
and lenders in respect of first mortgages both in
negligence and under the Mortgage Code
pre-regulation and since November 2004 claims for
damages under FSMA 2000 S 150 for breach of MCOB.
Financial Mis-selling
and Unfair Relationships:
We are also
experienced in financial mis-selling in individual
agreements and in consolidation transactions,
including PPI mis-selling, mis-selling of second
mortgages or unregistered first mortgages
and the developing law of "Unfair Relationship".
Breach of
Fiduciary Duty by Brokers:
Breach of Fiduciary
Duty by brokers to their clients both in respect of
undisclosed commissions and the client's remedies
against all those complicit in the breach.
Unenforceable
Consumer Credit Agreements: We are experienced
in the provisions of the "Agreements Regulations",
"Total Charge for Credit Regulations", "Cancellation
and Copies of Documents Regulations" and
"Enforcement, Default and Termination Regulations"
and in vetting agreements for running account credit
or fixed sum credit for enforceability.
Irredeemable Unenforceability: They are dying
off now but we remain on top of the law relating to
pre 2007 agreements (i.e. cases
distinct from the Carey v HSBC and McGuffick v Royal
Bank of Scotland cases which dealt with temporary
unenforceability under S.77/78 of the Act only, but
where S.127(3) requires the court to declare an
agreement permanently unenforceable.
Financial
Services and Markets Act 2000:
We will pursue post
January 2005 Claims for damages under section 150 of
the Financial Services and Markets Act 2000 for
breach of ICOB or ICOBS. We will also advise on pre
January 2005 claims where the provisions of the GISC
Private Code, the ABI terms or the Finance Leasing
Association terms may help provide a remedy for financial mis-selling. There are test cases under way at the
moment.
Assigned Consumer
Debts: We are becoming
depressingly familiar with debts dismissed on the
balance sheets as 'toxic' but pursued by the
Assignees of Creditors in the Courts with reconstructions of
documents they have lost or maybe never had in the
first place, based on (often) multiple assignments
the terms of which are never disclosed. We can
advise on what Assignee companies and and can not
do.
Unfair Terms in
Consumer Contracts: We are experienced in cases
involving The Unfair Terms in Consumer Contracts
Regulations 1999 in consumer agreements and in the
operation of the Unfair Contract Terms Act 1977 in
respect of exclusion clauses in consumer contracts.
Bankruptcy
Funding: If your clients have been persuaded to
procure the annulment of their bankruptcy by the
promise of a short term loan followed by long term
mortgage funding following on from the annulment and
have then found the long term mortgage not
forthcoming and the short term loan and swinging
charges and interest provisions being enforced
against their house we may be able to help you.
Possession claims
arising from breached consumer credit agreements:
This includes applications for charging orders
and other means of enforcement of consumer credit
agreements
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