Challenging the Banks

Jan 23, 2013

Challenging the Banks
The mortgage lender, due to mortgage arrears repossessed our client’s home. Our client was absolutely devastated as expected. Our client made an application to re-enter the property. Pending the application, our client was recommended to use our professional services. Due to the nature of the dispute, we immediately arranged a one to one meeting with our client. We gathered all the facts and prepared the case notes and presented it to the court. Our research revealed that the lender had breached the court’s order this was then brought to the attention of the lender. We liaised with the lender immediately and arranged settlement of the possession claim by allowing our client to re-enter into the property.

Our solicitors personally visited the property concerned and prepared a list of damages to the property. They also prepared a separate claim against the lender due to the following:

(a) Failure to serve notice of intended disposal of the property and its contents in breach of an order of the court;

(b) Wrongful interference with the goods and lack of reasonable care in its dealings with the chattels as involuntary bailee; and

(c) Failure to observe the requirements of law and/or alternatively, failure to obtain a court order permitting disposal.

We achieved six figures compensation for our client in such cases with our reasonable costs that was paid by the lender.

You will find that lenders can be aggressive in their approach and the borrowers due to legal complexity into such areas of law are not familiar with their legal rights. Always read the terms and conditions of the mortgage loan and check if your lender has followed relevant pre-action protocol for possession claims. It is always useful to keep copies of all the letters that you have received from your lender or their agent.

In such cases, borrowers do not have sufficient funds to obtain legal advice and representation. They can find themselves in a very vulnerable position. If you believe that you are a victim of a similar situation then please contact us immediately to see if we can be of any help.

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