Showing posts with label mortgage legal expenses. Show all posts
Showing posts with label mortgage legal expenses. Show all posts

GLC campaign for lenders to reimburse unfair mortgage fees in Scotland

Banks are facing compensation claims of up to £30m from Scottish mortgage customers hit by "unfair, immoral and unethical' fees and charges added to their mortgages after court actions were dismissed by lenders for technical reasons. Govan Law Centre's (GLC) campaign to stop Scottish consumers being 'double charged' for mortgage expenses has been reported in The Herald (Sat, 29 December 2012).

GLC believes that the issue here is fairness, and that incompetent or defective proceedings cannot be the fault of consumers; rather it is the responsibility of lenders and their Scottish solicitors. GLC considers it to be unfair, immoral, and unethical for Scottish solicitors and UK lenders to profit twice by 'double-charging' Scottish consumers who are in financial difficulties.

GLC has set up a simple self-help website for affected customers or their advisors to seek free refunds.

The Council of Mortgage Lenders told The Herald that if costs were not added to mortgage accounts "then all customers would effectively end up paying for them, which many would regard as unfair and inappropriate". The Herald's own editorial has argued that this approach "fails to recognise the only fair and appropriate way for the charge to be borne is by the institutions whose incompetence caused the actions to fail". The Herald goes on to argue that:

"Mike Dailly of Govan Law Centre, the solicitor who is leading the campaign to recover the charges levied for failed actions, is entirely justified in condemning the lenders and criticising their solicitors as "unfair, immoral, and unethical" in double-charging Scottish consumers who are in financial difficulties".
Repossession cases which were dismissed in Scotland centre on two significant legal rulings in the UK Supreme Court and the sheriff court that resulted in thousands of repossession cases being aborted: RBS v. Wilson; and NRAM v. Millar & RBS v. McConnell, respectively (GLC represented the defenders in NRAM v. Millar and RBS v. McConnell). 

GLC to participate in free Scottish mortgage repossession conferences

GLC's Principal Solicitor will be speaking at a free conference focussing on recent legislative and case law changes in Scottish mortgage repossession law, in Glasgow on 3 December 2012.

The event is being hosted and sponsored by the Carrington Dean Group. Mike will provide a review of recent Scottish case law, with a focus on statutory pre-action requirements and the issue of legal costs and charges in repossession cases. Other confirmed speakers include, Citizen Advice Scotland, Irwin Mitchell Solicitors and Tom McEntegart, managing director of TLT Solicitors. The conference will include an afternoon panel debate session chaired by advocate and Scottish Legal Action Group chairman, Robert Sutherland.

The conference will be held in the Laprohaig Theatre, Teacher’s Building, Glasgow on the December 3, 2012. A shorter seminar will be held in the Ramada Encore Hotel in Inverness on December 6. Anyone interested should contact alanmcintosh@carringtondean.com in the first instance. Both events are free to advisers and solicitors working in the industry.

GLC welcomes FSA intervention to prevent 'double charging' to Scottish homeowners threatened with repossession

Govan Law Centre (GLC) has welcomed the intervention of the Financial Services Authority (FSA) to prevent lenders 'double charging' Scottish homeowners where court proceedings are re-raised following the Supreme Court ruling in RBS plc v. Wilson and others.

It is estimated that as many as 5,000 cases were requried to be dismissed for want of service of a pre-court 'calling-up notice', with up to 15,000 historic cases potentially affected. News of the FSA's intervention was revealed in The Herald over the weekend.

Govan Law Centre's Jennifer Laughland, who defends mortgage repossessions across Ayrshire as part of a local partnership 'AHAP' service, said: “We welcome the FSA’s intervention on this important issue, particularly as we are now seeing repossession actions, which had been dismissed after last year’s Supreme Court ruling, being brought back to court".

“The clients whom we see facing homelessness through mortgage arrears are generally struggling to pay their mortgage and make ends meet. The last thing they need in these tough financial times is to be billed twice by their bank’s lawyers, through no fault of their own. The FSA’s action here will protect some of the most vulnerable homeowners in Scotland.”