The Importance of Being Earnest – NearlyLegal

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

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NearlyLegal, 11th October 2013

Source: www.nearlylegal.co.uk

Mortgage companies’ additional data reporting must serve a valid purpose and be limited to a necessary volume, says ICO – OUT-LAW.com

Posted September 10th, 2013 in data protection, mortgages, news, privacy by tracey

“The Financial Conduct Authority (FCA) should review the necessity of asking mortgage providers to provide it with additional personal information about customers in order to ensure those individuals’ privacy rights are respected, a data protection watchdog has said.”

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OUT-LAW.com, 9th September 2013

Source: www.out-law.com

Four jailed for ‘breathtaking’ mortgage fraud in north Wales – BBC News

Posted September 9th, 2013 in fraud, inquiries, mortgages, news, sentencing by tracey

“A former police officer has been jailed for seven years at Mold Crown Court for leading the biggest mortgage fraud in north Wales, worth up to £24m.”

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BBC news, 6th September 2013

Source: www.bbc.co.uk

Interest-only mortgage providers must treat struggling borrowers fairly, warns regulator – OUT-LAW.com

Posted September 2nd, 2013 in codes of practice, consumer protection, interest, mortgages, news by sally

“Mortgage providers must be able to demonstrate that they have treated customers fairly in cases where those individuals are unable to repay the capital sum owed at the end of the term on an interest-only mortgage, the Financial Conduct Authority (FCA) has said.”

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OUT-LAW.com, 30th August 2013

Source: www.out-law.com

Liquidators are not data controllers under the Data Protection Act 1998 – Technology Law Update

Posted September 2nd, 2013 in bankruptcy, data protection, liquidators, loans, mortgages, news by sally

“The High Court has found that liquidators under a voluntary liquidation are not data controllers for the purposes of the Data Protection Act 1998 (“DPA” or “Act”) and so are not personally responsible for compliance with the Act.”

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Technology Law Update, 2nd September 2013

Source: www.technology-law-blog.co.uk

The Master across the water – NearlyLegal

Posted August 28th, 2013 in housing, mortgages, news, Northern Ireland, repossession by sally

“Santander (UK) Plc v McAtamney and other cases [2013] NIMaster 15 is, as the neutral citation should reveal, a case from Northern Ireland, decided by a Chancery Master. It is not, therefore, a binding authority on the law of England and Wales. Nevertheless, it is very interesting and, as we’ll see, highly persuasive.”

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NearlyLegal, 27th August 2013

Source: www.nearlylegal.co.uk

Emptage v Financial Services Compensation Scheme Ltd – WLR Daily

Emptage v Financial Services Compensation Scheme Ltd: [2013] EWCA Civ 729; [2013] WLR (D) 242

“Where a broker had negligently advised a client to take out an interest-only mortgage and make an investment in foreign property in the expectation that the investment would pay off the entirety of the mortgage, the Financial Services Compensation Scheme Ltd was required to take into account both elements of the advice when assessing the client’s compensation for the broker’s breach of duty as a mortgage adviser under the scheme’s rules.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

FCA fines rogue property trader nearly £1m – The Guardian

Posted June 19th, 2013 in costs, financial services ombudsman, fines, housing, mortgages, news, valuation by sally

“The operator of a property scheme who misled vulnerable customers to make money from the sale of their homes has been fined almost £1m by the City regulator and banned from working in the financial services industry.”

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The Guardian, 19th June 2013

Source: www.guardian.co.uk

High Court backs solicitors in mortgage fraud case – Legal Futures

Posted June 3rd, 2013 in fraud, insurance, mortgages, news, solicitors, vicarious liability by sally

“The defence protecting honest solicitors duped by mortgage fraudsters that was erected by the Court of Appeal last year has been reinforced by the High Court.”

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Legal Futures, 3rd June 2013

Source: www.legalfutures.co.uk

Flaws in fraud case show worrying lapses by judges and lawyers – The Guardian

Posted May 23rd, 2013 in appeals, courts, fraud, mortgages, news, theft by sally

“Anthony White admitted fraud over mortgages, but analysis seems to show problems that senior judges failed to spot.”

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The Guardian, 23rd May 2013

Source: www.guardian.co.uk

Good Intentions are Not Enough: Thompson v Hurst – Family Law Week

Posted May 20th, 2013 in appeals, cohabitation, housing, land registration, mortgages, news by sally

“Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.”

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Family Law Week, 16th May 2013

Source: www.familylawweek.co.uk

Solicitor General welcomes guidance on sentencing complex frauds – Attorney General’s Office

Posted May 17th, 2013 in banking, fraud, mortgages, news, sentencing by sally

“Court of Appeal issues a judgment on sentences for the most serious commercial frauds and increases the sentences of two men.”

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Attorney General’s Office, 16th May 2013

Source: www.gov.uk/ago

Conman Kallakis gets four more years in jail – The Guardian

Posted May 17th, 2013 in banking, fraud, mortgages, news, sentencing by sally

“Achilleas Kallakis, a conman who received a seven-year jail sentence in January, will spend a further four years behind bars after a British government lawyer called on senior judges for a tougher sentence.”

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The Guardian, 16th May 2013

Source: www.guardian.co.uk

A tricky path – New Law Journal

“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”

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New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Santander mortgage customers to share million-pound compensation pot – The Guardian

Posted April 19th, 2013 in banking, compensation, documents, mortgages, news by tracey

“Up to 30,000 Santander mortgage customers are set to share millions of pounds in compensation after it emerged they may have lost out because of confusing letters sent by the bank more than four years ago.”

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The Guardian, 19th April 2013

Source: www.guardian.co.uk

Day and another v Day – WLR Daily

Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129

“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Santander UK plc v Harrison and another – WLR Daily

Posted February 21st, 2013 in banking, consumer credit, law reports, loans, mortgages by sally

Santander UK plc v Harrison and another [2013] EWHC 199 (QB); [2013] WLR (D) 67

“The rescheduling of a mortgage agreement did not amount to providing credit ‘in the form of a cash loan’ for the purposes of article 4(1) of the Consumer Credit Act 2006 (Commencement No 4 and Transitional Provisions) Order 2008.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

Court of Appeal: solicitor not liable for fellow partner’s fraud – Legal Futures

Posted February 14th, 2013 in appeals, fraud, mortgages, news, partnerships, solicitors by sally

“A lender has lost its appeal against a High Court ruling that said a solicitor was not liable for its loss in a £2.5m mortgage fraud perpetrated by her former partner because she was not aware of the misrepresentations he made.”

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Legal Futures, 14th February 2013

Source: www.legalfutures.co.uk

UBS fined £9.45m for mis-selling to wealthy clients – The Guardian

Posted February 13th, 2013 in banking, compensation, complaints, fines, mortgages, news by sally

“Swiss bank UBS has been fined £9.45m and ordered to pay a similar sum in compensation for mis-selling an investment fund that took in more than £6bn from wealthy customers.”

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The Guardian, 12th February 2013

Source: www.guardian.co.uk

Surveying the Landscape: Recent Negligent Valuation Claims – Littleton Chambers

Posted February 8th, 2013 in mortgages, negligence, news, valuation by sally

In the backwash of this recession the Courts are revisiting territory familiar from previous recessions – claims against valuers and mortgagees exercising powers of sale.

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Littleton Chambers, 4th February 2013

Source: www.littletonchambers.com