Latest news released today indicates that millions of consumers over the last 20 years have become unknown victims of large scale breaches of the Consumer Credit laws in relation to how professional parties should have behaved towards them. Consumers have been financially deceived by some Mortgage Lenders, Banks, Insurers and Mortgage/Financial advisors against ordinary consumers in the form of secret commissions or incorrect charging of fees and interest.
This seems to have occurred with particular lending towards those who took out sub prime (bad credit rating) mortgages, Secured high interest second charge loans and one off lump sum Payments for Mortgage and Protection Policies (ASU Policies).
Some of these cases involve the payment of secret commissions and the Court of Appeal said with reference to this in a particular case:
“If there has been no disclosure- the agent will have received a secret commission. This is a blatant breach of his fiduciary duty but additionally the payment or receipt of a secret commission is considered to be a form of bribe”
The main areas where people have been misled are as follows:
1. Recent loans that are under £25,000 taken out in the last seven years or before the year 2000 loans of £15,000 or less
2. Unregulated loans that were improperly executed
3. The law of Agency between Financial advisor/broker in secret earnings/commissions
4. Charges for single premium Insurance to protect mortgage payments with secret and excessive commissions therein
A typical example is Client A:-
Client A took out a lump sum insurance policy for £4,293. Based on the facts before us, secret commissions were not disclosed and we firmly believe that this was miss-sold, it looks to us that the damages available to the client in law stand at around £9,000 plus costs.
Client B was given a secured loan for £37,000, it appears that the loan was a blatant breach of the Consumer Credit Act and unenforceable as a consequence of the serious breach. We believe that quantum in this case is currently £21,000 plus costs.
Numerous cases have succeeded at these levels of Damages and in some cases the loans cannot be enforced to recover by the lender. In a lot of cases the claims for losses typically amount to between £5k and £15k with some claims settling at nearly £40k. There are now a number of law firms specialising in the areas of financial irregularity Law and Powell Callen Solicitors are one of them.
Powell Callen Solicitors - Andrew Callen
Powell Callen Solicitors are specialists in property and finance law, and have a specialist team that solely deal with these types of enquiries in association with a network of specialist Solicitors around the country. They work under the Law Society rules on a “No win no fee” arrangement which means that they will take cases on free of charge at their cost if they believe that it is in the interests of Justice and the client. Powell Callen Solicitors will not take on any case which they consider to be a mischief. Please visit: www.powellcallen.co.uk for more information.
If you would like to interview Andrew Callen or speak to a case study, please contact:
Natalie Whitlock at Full Portion Media
Tel: 0845 225 1500
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