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Yes the broker was brought in as a part 20 claim for misselling and misrepresentation
yes as to wether they can just change their claim against us and include subrigation and with a defence submitted of irrisponcable lending and negligance if they can cliam it at all?
Hi they aren't using subrigation as a defence they are claiming possesion through subrigation our defence and counter claim have been dismissed due to there subrigation calim
would the FSA regulations on responcable lending count as duty of care as I can proove they have breached these, They had my accounts to check my afordability, the redemption figure for the bridging loan was £206,000 and i have sinc found out that my income as to the accounts they had (£21,000) gave me an afordability of a maximum of £115,000. I can also prove misrepresentation on many counts. would the afordability issue count as negligance?
the misrepresentation was pleaded in our defence. the claimants barister convinced the judge that through subrigation they stepped into the shoes of RBS and because RBS had done all the afordability checks in 2002 when my income was £57,000 that they didn't have to carry out affordability checks in 2008 when my income was £21000 and that any irisponcable lending claim had to be against RBS for giving a mortgage on the property origanaly.
ok thanks could you tell me of any good books or web sites that would have the relivant regulations on as I am struggaling to find them the majority of the information on subrigation on the internet relate to insurance and are not really relivant to mortgages.
Ok thanks you very much for your help and advise and taking the time to answer my questions I appreciate it...regards Phil
Sorry just one more thing i forgot to ask the lender has not signed the legal mortgage or facility agreement dose this have any significance as the the contract being binding or legally enforcable?
roughly what would the argument be and can you suggest where I'd find the relevant information.
ok thank you very much once again you have been a big help enjoy the rest of your evening....