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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1923
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I had a mortgage with the abbey national which I find out in

Customer Question

I had a mortgage with the abbey national which I find out in 2019 had a PPI policy attached . I was taken to court for arrears and changed my mortgage over to an interest only mortgage to make payments affordable. I currently have a claim with FOS were they claim they can not investigate due to the time bar The mortgage was redeemed in 2018 due to a repossession by 2nd charge lender. would I have a case for unfair relationship
JA: Where are you? It matters because laws vary by location.
Customer: london croydon
JA: What steps have you taken so far?
Customer: FOS investigation claiming out of time
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: mortgage ended in march 2018
Submitted: 16 days ago.
Category: Law
Expert:  Ed Turner replied 16 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 16 days ago.

Unfortunately, the UK Financial Ombudsman’s deadline to present a refund for mis-sold PPI expired on 29 August 2019 and therefore you are too late to make a claim under the PPI Compensation Scheme.

If you issue civil court proceedings against the lender for breach of contract and breach of the consumer lending legislation, these are likely to be defended on the basis that they are statute barred under the Limitation Act 1980 which prescribes a six-year primary limitation period for a claimant to issue court proceedings against a defendant for breach of contract.   In latent damages cases where the effects of the breach are not discovered until a long time after the breach was committed and close to or after the expiry of the six year primary limitation period, Court Proceedings must be issued within three years of the breach being discovered or when it reasonably ought to have been discovered.

Section 33 of the Limitation Act does allow a claim to proceed out of time at the Court’s discretion if it is just in all the circumstances.  Factors that the Court will consider in allowing a claim to proceed will be whether the Claimant has a good reason for delaying in bringing the Claim and whether the Defendant has been prejudiced in its chance of defending the Claim i.e. witnesses are still traceable, and documents are still available.

However, I am doubtful as to whether a Court would allow your claim to proceed under the Latent Damages limitation period or for the limitation period to be extended under Section 33 of the Limitation Act as PPI claims have been in the news regularly for over a decade and therefore practically every consumer borrower in the country has known about their possible entitlement to a PII refund for many years.

However, if your lender was a respectable bank or building society that is still solvent and trading (such as HSBC, Barclays, Lloyds TSB or Santander) and you are still a customer with them, they MAY refund you your PII as a matter of preserving good customer relations.   Nevertheless, this will be more than what you are legally entitled to and it would be a very good result if your lender refunds you even a fraction of the original value of the PPI policy on an “ex gratia” basis.

Expert:  Ed Turner replied 16 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 16 days ago.
my claim is not for the return of ppi but as unfair mortgage due to the fact they obtain an order with out informing court that I had ppi to pay for the arrears in addtion my mortgage was changed to an interest only. I never knew I had ppi so could not claim for the arrears
Expert:  Ed Turner replied 16 days ago.

How was the mortgage unfair?

Customer: replied 16 days ago.
to take a customer to court who as insurance provided by lender and to change to interest only when policy in place to pay for arrears you are saying is not unfair
Expert:  Ed Turner replied 16 days ago.

It appears that the supplier may have breached their supply of services contract with you.   The supplier is under a duty in contract law and statute to provide you with a product and service that is fit for purpose, of reasonably satisfactory quality and matched the description at the point of sale.   Your damages will be a refund on the price paid for the period when their services were not up to standard, plus additional costs of rectifying their defective work through another supplier.

Damages for breach of contract will be the other party’s payments for the remainder of the fixed term, or the notice period for termination of the contract.   You must present the defendant with a civil claim and issue court proceedings in the County Court.

If your expected damages are under £10,000, you may issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim.   The issue fee will be no more than £410.00.   A party cannot normally recover solicitors’ costs on the Small Claims Track.   However, it is designed for non-lawyers (known as “Litigants In Person”).  The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.

However, if your expected damages are between £10,000 and £25,000, the claim will be allocated to the Fast Track, and if damages are over £25,000, it will be allocated to the Multi Track.    These tracks are much more formal and legally technical, and it is expected that both parties will instruct solicitors.   The normal rule on the Fast and Multi Tracks is that the winning party (either at a Final Hearing, or through a negotiated settlement) can expect to receive most of their legal costs from the losing party.

If your claim is worth over £10,000, I strongly recommend that you instruct specialist commercial dispute resolution and court litigation solicitors to advise you and conduct the litigation.   If you cannot afford legal costs upfront, you should contact your home or business insurers and ask if they will cover your legal costs under a legal expenses insurance policy.   They will either pay your solicitors’ fees or appoint a law firm on their panel of solicitors to act for you.

Expert:  Ed Turner replied 16 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 16 days ago.
many thanks is this an area you can represent me please breakdown cost
Expert:  Ed Turner replied 16 days ago.

I will discuss my fees with my main virtual law firm on the call.   Under my Just Answer Expert Agreement, I cannot provide Customers any direct contact details or information about my law firm’s charges unless they accept a Premium Serivce.

I can review a brief amount of documentation from the customers (up to 20 pages or so).

The phone calls generally last around 20 – 30 minutes at most.   I will let you know if we are going around in circles and I am repeating myself.

You will not receive any additional documentation from me or Just Answer (apart from payment confirmation).

If you choose to instruct me directly through my law firm, this will be a different contract from yours with Just Answer.   I will open a new client-matter for you with my firm and send you retainer documentation in the form of a Client Care Letter and Terms of Engagement.