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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Me and my wife us to work for the agency Jark Industrial Ipswich,

Resolved Question:

Me and my wife us to work for the agency Jark Industrial Ipswich, after one year we had the possibility to sign a contract and no longer work as a temporary this was till the end of last year
This April (04) we start a process for a mortgage, and we were waiting for the P60, when we receive the P60 we find the it was not complete with the figures for the previous employers, because (we find out later) the P45 that Jark give us was blank, and the new employer don’t have the right figures to complete the P60
They are trying to fix this, but takes time
This is causing a delay in our mortgage process and causing unnecessary stress to our family
My question is, do we have enough for a legal action against Jark?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Legal action would be rather difficult. You cannot claim for stress or inconvenience caused by their actions as the law does not cover these. You can only claim for actual losses you have incurred as a result. At this stage you only have experienced delays in the mortgage process - you have not lost any money as a result of their actions. What they have done is unprofessional and is obviously affected you, but it is not enough to take legal action at this stage I'm afraid. Also legal action is not something you should just jump at - remember you still have to pay money to the courts to make the claim, then also prove you have a valid claim, so there is always a risk that you may lose the claim and incur further expenses just for trying.

Customer:

But if my mortgage is refused I will lose money

Customer:

But I do understand the point. Thanks

Ben Jones :

Yes, but that is still an ‘if’ at this stage. Also you are going to find it very difficult to show remoteness and that such losses were reasonably foreseeable. There must be some link between the breach and the losses and it is also going to be difficult to show that it was reasonably foreseeable that an incorrectly completed P45 would have resulted in losses relating to a mortgage. It will be a difficult claim that’s for sure.

Customer:

Ok Thanks

Ben Jones :

you are welcome, all the best

Customer:

Thanks

Ben Jones :

no problem

Customer:

  • How do i rate the service? the icons are not working

Ben Jones :

they should be, it may be a technical glitch. In that case you can just type your choice and we will process manually later, thanks

Customer:

Excellent service thanks

Ben Jones :

many thanks

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