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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30014
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can you recommend a solicitor that will handle a claim to

Customer Question

Can you recommend a solicitor that will handle a claim to have a 45k early repayment penalty repaid? Thanks
JA: Where are you? It matters because laws vary by location.
Customer: Sussex near Brighton
JA: What steps have you taken so far?
Customer: I haven’t raised it with the lender because I need their cooperation on another matter. That matter is now looking problematic due to lender delays so I’m revisiting the ERP issue. I have compelling evidence etc
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 18 days ago.
Category: Law
Expert:  Joshua replied 18 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Have you considered attempting to resolve the early redemption penalty dispute by alternative dispute resolution before considering court action and solicitors please?

Expert:  Joshua replied 17 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms from what you describe, a commercial dispute resolution solicitor which you should find in any medium size firm or upwards should be able to assist with the above issue. Obviously, as regards ***** ***** would have a basis to claim back the early repayment penalty, would depend upon whether there are sufficient grounds on which to either dispute that the mortgage was mis-sold or alternatively, that the early redemption penalty was charged other than in accordance with the loan terms - e.g. that you ported the mortgage

Customer: replied 16 days ago.
Hi Joshua, I gather my last message didn't get through to you. See here:Hi Joshua.No I haven’t considered alternative DR. I was thinking about the Financial Ombudsman but not sure they can force the lender (Cumberland Building Society) to repay the 45k.Facts are:Redeemed CBS mortgage 22 July 2020 and triggered 45k ERC.
The redeemed mortgage had only been in place for about a year.
I was told if I found an alternative property within 6 months I could reclaim the ERC in full or pro rata depending on new mortgage value.
This gave me until 22 Jan 2021.
The new property I first agreed fell through in Nov 2020 which I made CBS aware of.
A second property (that had already been discussed with CBS some months before) was agreed and I exchanged in Dec 2020 just before Xmas.
On the 18 Dec 2020 CBS made it very clear that they would not refund the ERC because they said they didn’t have time to undertake the required legal work.
The excuse they used was that solicitors were busy dealing with the end of the SDLT holiday put in place during the Covid pandemic.
I requested that they extend the 6 months which I know they are able to do (other examples of this online) and they declined.
Regardless of any extension my solicitor had completed all the legal work required to exchange in Dec 2020 and could have simply passed this on to CBS solicitors.Its my belief that CBS were deliberately unhelpful so they could retain the 45 ERC. I’m happy to involve a solicitor on a no win no fee basis if this increases my chance of being repaid.What do you think? Can you recommend a specific solicitor with experience in this field?James
Expert:  Joshua replied 16 days ago.

thank you. The financial ombudsman service constitutes a form of alternative dispute resolution and it is likely to be a better initial approach at least then considering a legal challenge in court not least because it does not cost anything and does not risk incurring any legal costs if you are unsuccessful. In addition, if you are unsatisfied with the outcome from the financial ombudsman, you still have the right to issue proceedings in court.

if the financial ombudsman rules against the lender, they can make an order that they repay some or all of the early redemption penalty and can award compensation on top for the inconvenience you have suffered

Expert:  Joshua replied 15 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 15 days ago.
Thanks Joshua. Do you know any ‘no win no fee’ solicitors who might take it on? Also have another litigation issue and a possible ‘malicious falsehoods’ claim… really want a no win no fee solicitor on all of them having spent quite a lot on a court case this year that I didn’t win. I have various information I could email.
I think I’d like to get some advice on the Cumberland claim first also, even before an Ombudsman complaint. Any complaint is likely to effect my relationship with the lender and I don’t want to fall out with them for nothing!
Expert:  Joshua replied 14 days ago.

I am afraid I do not have any specific firm to recommend. However google should allow you to quickly identify potential candidates to contact.

Expert:  Joshua replied 13 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.