Case Study: Lender Default Charge of £150k+ Completely Defeated
Summary of one of our successes in defeating aggressive bridging lender misconduct over default penalty charges and threats to appoint LPA Receivers and commence Possession proceedings.
Summary of one of our successes in defeating aggressive bridging lender misconduct over default penalty charges and threats to appoint LPA Receivers and commence Possession proceedings.
If you have been charged a very high fee by a solicitor you are able to challenge the fairness and reasonableness utilising the Solicitors Act 1974. However delay in taking action could reduce or eliminate prospects of recovery. If the sum involved is high value, we and counsel could (after a paid review) act on a no win no fee basis where we are only paid if we succeed.
In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.
In the recent case of Ulster Bank DAC and Ors v McDonagh and Ors, the Court of Appeal confirmed that, as debt recovery cases are not considered actions for “damages”, the Civil Liability Act 1961 (CLA) does not apply to them.
Whilst this litigation produced the leading judgment of the Court of Appeal on DBAs the case itself was not resolved by trial of the preliminary issue. The parties have now amicably settled the matter.
In the recent case of RBS v JP SPC 4 & Another, the Privy Council upheld the striking out of a claim against the Royal Bank of Scotland for damages of over £60 million.
The pandemic saw numerous restrictions being imposed on winding-up petitions. These restrictions were lifted on the 1st of April 2022. If you are a creditor who has been unable to recover outstanding debts throughout the pandemic, our team of specialist debt recovery solicitors and barristers can assist you in making the most out of these recent changes.
The All Party Parliamentary Group on Fair Business Banking (APPG) has sought judicial review against the FCA’s decision to not take any further action following the results of the Swift Review.
Section 8 of the Housing Act 1988 allows a landlord to gain possession of a property under certain circumstances.
The case of McClean and Others v Thornhill sheds light on how those providing advice may now protect themselves based on the technicalities of a disclaimer. Multiple investors…