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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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The Financial Ombudsman has rejected our complaint of a mis

Customer Question

The Financial Ombudsman has rejected our complaint of a mis sold mortgage. He found that one part of our complaint was rejected because the mortgage "was not covered by the CCA" (as we correctly complained of)

The lender clearly believes the mortgage was covered by CCA, in all correspondence charges statements etc. The notice/findings from the ombudsman (which rejected our complaint) binds our lender in law, if we accept OMBUDSMAN findings.(FSMA s.229)

does this render the mortgage contract unenforceable?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Are you hoping to get out of the mortgage contract?
Customer: replied 4 years ago.

Yes, because we say the mortgage contract is mis sold. Grounds of negligent misrepresentation, (twice) contrary to the mortgage code 1991/2 & MCOB 2004. Also term exceeded borrowers ability to repay after retirement (10 years) -as far as lender knew or believed they would never be repaid.therefore unfair.

Expert:  James Mather replied 4 years ago.
. I am going to
opt out of this for another expert to consider. Please do not reply or it comes
back into my inbox. Another expert will pick it up at some stage. It is now
open to all experts.