Cany anyone urgently help me with mortgage mis-selling court claim

[Helplessconsumer]

[/b]Does anyone know if any case of mis-selling has been brought against any sub-prime lenders ?

 

Can anyone help me urgently draft my appeal against latest judgement & eviction date ? I lack legal knowledge & do not have the time in just two days to find out enough about how to formulate the appeal and what to claim.

 

I need really urgent help because I only have two days left to appeal correctly enough to be allowed to appeal at all and get an eviction set aside for March 22.

 

I also need help because I get the impression that the courts and legal industry is devoted to not taking on mis-selling claims in the sub-prime lending arena and think I need help to avoid being flummoxed by rubbish from the courts.

 

I need to file appeal and get further stay of eviction to give me the time needed to properly formulate appeal and fight mis-selling case.

 

For instance, surely I must be able to set aside the repossession judgement so as to allow my claim for mis-selling. On what grounds can the repossession judgements be set aside ? Help anyone ?

 

Also I need to show I did have ‘clean hands’ How can I do that. On what grounds can my action of incorrectly filling our mortgage application be exonerated to then give me ‘clean hands’ ?

 

I do need a bit of urgent help. I was repossessed and then waited a year going through the mortgage rescue process. I was accepted, ticked all the boxes etc, then it was handed over to the housing association.

 

They sent a surveyor around to see what repairs etc might need doing to bring house up to minimum letting standard. There is a budget of £20 000 for any repairs.

 

The housing association surveyor produced a completely fictional list of items with equally fictional cost estimates to bring the total up to £27 000. It was wickedly dishonest.

 

This was then used by the housing association to refuse mortgage rescue at the last minute, leaving me being evicted soon, March 22nd.

 

The real costs of repair works by the way was about £7000 maximum, and is very easily proved. But the housing association are adamant and have even refused my offer to find the excess cost.

 

I was advised by the government quango that oversees mortgage rescue that this inflated repairs estimate was simply being used as device to allow the housing association to refuse to buy my house because it had run out of funding.

 

So, I managed to stop the last eviction date by making an application to the court asking the court to consider ‘proportionality’ of eviction under Human Rights Act in view of recent Pinnock judgement and also asking the court for leave to file a counterclaim for miss-selling.

 

The judge said I couldn’t make a claim for miss-selling as too much time had elapsed ( the mortgage is only about three years old) and I had also ‘affirmed’ the mortgage by making payments (which apparently also barred me from making and miss-selling claim). Also, a third reason I could not claim miss-selling and equitable relief (compensation in plain English) was that I had ‘unclean hands’ as I had mis-stated income etc on mortgage application and was partly to blame and the law says anyone seeking equitable relief must have ‘clean hands’.

 

The judge did accept his court had a liability to consider proportionality and he did consider whether it was proportionate that I was evicted etc for long winded reasons given in judgement.

 

So I have presumably pushed the legal boundaries of the Pinnock judgement further by establishing that the Pinnock judgement on ‘proportionality’ (human rights act) does in fact apply to private householders as well as local authority tenants. this had not been made clear by Pinnock.

 

I have arranged a transcription of this judgement & will post it here when I get it in a day or two. The judgement will provide a platform stating points on which to fight the case.

 

But, I was mis-sold and thoroughly misled. I told the judge I would appeal ( he had refused leave to appeal, but I can appeal against that & ask for leave to appeal from a higher court.)

 

I have just two days left to lodge that appeal before I am out of time. Some of the reasons for my mis-selling claim are :

 

The mortgage was misrepresented

 

I was taken unfair advantage of by the broker

 

The broker applied duress

 

There was a conflict of interest between broker & lender.

 

Below is a list of mis-selling tests taken from Aventra & other sites. I think just about all of them apply to me.

“How can I tell if I have a mis-sold mortgage?

Can you answer YES to any of the questions below:”

 

• Were you encouraged to self-certify or falsify your income to get a mortgage?

• Did the lender regularly remortgage you to keep on a low rate?

• Did the broker charge you a large finders fee?

• Is the mortgage on an interest-only basis with no repayment vehicle?

• Did the mortgage go past your normal retirement age?

 

• Your mortgage was an interest only mortgage?

 

• Your mortgage runs past your retirement age?

 

• You acquired your mortgage through a sub prime mortgage lender?

 

• You made a Self certification mortgage application?

 

• You had adverse credit when you acquired your mortgage?

 

• You re-mortgage for Debt consolidation purposes?

 

• Your affordability was not considered when you made your application?

 

• You are now in negative equity?

 

• You were advised to switch to another lender?

 

• You have had your property repossessed?

 

Other points of law I have looked up indicate I have other ‘points of law’ grounds for mis-selling, Viz:

 

- Coercion

 

- Misrepresentation

 

- Duress

 

(Economic duress

A contract is voidable if the innocent party can prove that it had no other practical choice (as opposed to legal choice

but to agree to the contract. The elements of economic duress

1. Wrongful or improper threat: No precise definition of what is wrongful or improper. Examples include: morally wrong, criminal, or tortuous conduct; one that is a threat to breach a contract "in bad faith" or threaten to withhold an admitted debt "in bad faith".

2. Lack of reasonable alternative (but to accept the other party's terms). If there is an available legal remedy, an available market substitute (in the form of funds, goods, or services), or any other sources of funds this element is not met.

3. The threat actually induces the making of the contract. This is a subjective standard, and takes into account the victim's age, their background (especially their education), relationship of the parties, and the ability to receive advice.

4. The other party caused the financial distress. The majority opinion is that the other party must have caused the distress, while the minority opinion allows them to merely take advantage of the distress.

 

 

- Unjust enrichment

 

- Lack of fiduciary duty by broker to me

 

I think there are more points of law that SPML & the broker (owned by US bank Capital one) drove their evil bulldozer of fraud right through, but I haven’t the time to list them; but you get the point.

 

Many of the people who were sold mortgages by spml & others will all have some or even all of these points of law to claim against Ascenden & Co.

 

I think virtually all of this list applies to me.

 

 

 

There couldn’t be a more clearer case of mis-selling than in my case as I also informed the broker I was a single parent with sole, unsupported care of a child & I was surviving on State benefits. I also explained the purpose of the mortgage was to repay previous lender who had completed repossession and listed eviction date.

 

Can we ALL get together & use my case to forge a precedent of common law that all the other sub-prime victims cans use too ? Possibly organise it into a class action.

 

I feel the point about my claim ( & I haven’t had the time to tell the whole story here & there is lots more & it is a corker) is that I am such an obvious victim and repeat victim and have so MANY grounds of mis-selling that surely it must succeed and then others can follow ?

 

Has ANYONE yet brought a claim for mis-selling ?

 

Anyone out there ?

Edited March 15, 2011 by Helplessconsumer

[rebel11]

Thread moved.

[donein]

HI

 

Any update on this ?

[dcahelp]

Hiya

 

This is going to be a long drawn out process, nothing we can complete in a few days. I have a case for mortgage mis sell, ( my broker sold me on the same comapany, while charging us a"brokerage fee" Thye broker and the conveyancing solicitor, are no longer trading under their original names!!1)

 

Because neither my broker or solicitor are trading any more, My solicitor is having to go via the law society to get ALL the original paperwork, from all sides, NOT JUST MINE...

 

That is the time consuming bit, mine has been going for about 14 months now. But slowly slowly catchee monkey..... You have to find if you have a case. We so obvioulsy do, but you need a strong argument..... And professional help to sort it out for you.

[jasperpad]

Please keep us informed as I want to have a go at suing for mis selling my mortgage ..... self cert, no discussion about how I will pay the mortgage when I retire (4 years time and 5-6 years to pay), not told that the company is a sub prime company and lots more.

 

I will write a more detailed thread later this weekend.

[Helplessconsumer]

You would think an avalanche of people would descend on this thread to find out how to bring a case for miss-selling.

 

But no; instead there is an avalanche of apathy. What is going on ?

 

I haven't been able to progress anything myself because my life just came to an end when I was unexpectedly evicted from my house, chucked into very grim substandard B&B together with my child by local authority, and now informed by them that although I have a 'priority housing need' as a single parent with a young child, they have decided that, after all, they don't have any legal duty to house us because they deem I have made myself 'deliberately homeless' by virtue of taking out a self certified mortgage ten years ago.

 

Apparently, according to the local authority, I was being unreasonable in expecting ever to work again because I was a single parent, and therefore should have realised I could not pay the mortgage - therefore it was all my own fault and was therefore 'intentionally homeless.

 

Anyway, I am now trying to find out how to bring a miss-selling case, but the immediate problem is being so clueless about basic law.

 

The first thing we need is some unofficial access to a lawyer who can give some very basic guidance of what needs doing so we can just go away and do all the work the lawyer would do. It is that basic lack of knowledge of what to do which is the problem. If we did know what to do , I am sure we would be quite capable of getting on with it.

 

Even brain surgery is easy when you know how !

 

Are there any lawyers out there who can provide a bit of basic guidance ?

[Lea_HTH]

No lawyer will give you advice on where to look, largely because the area of mis-selling is so complex that a particular type of expertise is required, as well as the fact that the databases which lawyers have access to, in order to look up caselaw etc, aren't available to the general public. So with all the goodwill in the world, a layperson simply isn't going to be able to find all the information they require, even if they know how to do it. You could consider contacting the Bar Pro Bono Unit - they might be able to direct you to barristers who may be willing to look over your paperwork on a pro bono basis to find out whether you in fact have a case or not.

 

Mis-selling is an incredibly complex area and there are various aspects to it - it simply isn't as easy as ticking various elements in a list (like so many of the websites indicate).

 

Anyone wishing to take up the mis-selling angle WILL need a solicitor, and thereafter a barrister - as well as various expert witnesses if it ever gets to court - few do. I've got one in court currently - it's been approximately 21 months since the case first came into court ...

 

Pursue it if you wish - but expect for it to take over your life, and expect for any likely win to be swallowed up by legal costs - even if you have legal aid, which inevitably will need to be repaid, if not in total, at least in part.

 

Ask yourself is it worth it - and if you think it is, seek an expert legal team and go for it.

Edited June 15, 2011 by Lea_HTH
Removed a bit.

[Helplessconsumer]

rebel11

 

What exactly do you mean "thread moved "

[Helplessconsumer]

Lea_HTH

 

I think I was already aware of all the things you say, which is why I am pleading for 'help'. By which I really mean I know I need a solicitor & barrister. However 'clever' I might think I am, I know I cannot adequately bring a case for mis-selling precisely for the reasons you outline.

 

I would perhaps think I was sufficiently competent to do so only if I did a basic law degree for a couple of years, then did articles for several years, then acquired significant court experience and immense self confidence in deal ing with any sort of judge or the very best of opposition barristers, etc etc etc.

 

I can see with my last effort in court how my inexperience allowed the judge to take the mickey out of me and he failed to allow me to present my skeleton argument for appeal and the opposition barrister to also take the mickey on a point of law which should have allowed me to have the case paused at that point as the evidence of the mortgage document supposedly signed by me showing what I had signed up to had NOT been forwarded to me in the bundle from the other side as the rules of evidence require and therefore the case could not proceed until that had been rectified. My request that this should be done was just ignored by the judge.

 

It was discussed by the judge who steamrollered over me thinking I wouldn't know what was really going on and he thought he could ignore my little layman's bleat of complaint when I said I had not received that document of evidence from the other side. This silly judge just made the assumption that it was an ordinary mortgage agreement that of course I had filled in myself & signed and that stopping the legal proceedings until I had actually received it in the bundle of evidence was pointless and would achieve nothing as when the matter went before a court again nothing would change as this mortgage agreement would show that I had signed to say specifically that I was making a statement that I was employed & earning an income of so many pounds per year; that this was therefore an untruth and that I therefore did not 'have clean hands' etc etc. that this was not mis-selling bla bla .

 

BUT. at no time at all I told the mortgage broker or the lender I was employed. I specifically told the broker at length that I was unemployed and in receipt of benefits and being repossessed by a previous lender. And that I proposed coming off benefits, using extra borrowed funds via the new mortgage loan to then commence self employment with expectation of a modest income sufficient to cover mortgage payments in the future.

 

Crucially, the judge did not know that the other side had deliberately failed to forward me the mortgage document I had signed because they knew there were irregularities contained within in it because of the salary figure I had written as a figure I expected to earn on commencement of my freelance work as a public relations consultant might be such and such a figure.

 

I had filled in this figure, signed the form & sent it back to the broker/packager who then telephoned me & said he thought the salary figure I had written looked a bit unrealistically high. He persuaded me to agree to a lower figure on the grounds the lender might start 'asking questions' about a higher figure as it would stick out like a sore thumb from the average mortgage application for similar loans. The broker would have been unfamiliar with the high earnings my line of employment entailed.

 

Normally, once up & running, I would have expected to earn about a thousand pounds a day for each day employed. Full employment of about 20 days a month was entirely realistic after an initial setting up period of perhaps a year to build the practice up. I already had previous experience of this process so do know what I am talking about. Furthermore, I did not actually write an earnings figure of such magnitude anyway, but toned it right down to a modest sound £65 000 per year only. This was reduced to £45 000 by the broker who said he would just alter that figure in his own hand on the application form without sending it back to me.

 

So, my guess is the other side did not want me to see the form with any alterations on it as they knew this could invalidate the mortgage application form (& probably case) entirely. The judge was so busy being a pompous little prat, he didn't take on board my polite little bleat which wasn't loud enough to penetrate his blustering self important contempt of a litigant in person.

 

So, the broker persuaded me to agree to a figure of I think £45 000 pa which would be less noticeable and less likely to demand attention from the lender and therefore any potential questioning of the entirely fraudulent nature of the mortgage.

 

Anyway, I am about to endeavour to seek a judicial review of that hearing and make a complaint about the behaviour of the judge who appeared to act improperly in following proper procedure in that case by completely failing to allow me to present my argument etc.

 

If ever there was a case of mis-selling I have to be one, as I can realistically and reasonably objectively say I have several of the relevant criteria quite obviously in place.

 

The lender could, should and would have seen my precise 'unworthy' credit details in their credit checks. These would have shown my previous two mortgage repossessions, including the extant and current one I was re-mortgaging to avoid. the lender had previously provided a mortgage under exactly similar circumstances about three years earlier. The lender was also clearly liable for breaching a number of other mis-selling issues, which are eminently provable.

 

the lender knew I was unemployed and in receipt of benefits and that I intended to resume claiming benefits immediately after completion of the mortgage. What more mis-selling could there be !

 

I do know it will take over my life etc too. But I also know I cannot let these thieves get away with it and I also feel that I and any other person in a similar situation should bother to bring cases against these thieves because it is these very same people who have poisoned the entire world economy for hundreds of millions of people across the globe with exactly this kind of dishonest behaviour which they have inflicted on so many people.

 

Four million repossessed and empty homes in the USA. Four million families homeless and on the streets there as a result ?

 

That was the catalyst for the destruction of the worldwide monetary system and severe damage which resulted from that to country after country.

 

Let them get away with it ?

 

You must be joking !

 

I do not care a damn if every penny I might win with a successful case is lost through fees or other expenses. It would be more than worth it to put these fraudsters and thieves back into the sewer they crawled out of.