Quartech Services t/a Misselling.ie launched an online campaign (Join the Irish mortgage mis-selling claim – Join The Claim) to recruit thousands of family homeowners who were lent money pre-2009 and are now under pressure from vulture funds. The aim is to force the Irish regulatory and judicial system to apply the full rigours of EU law aimed at protecting consumers by forming a group of thousands of individual claimants.
Led by banking insider Ben Hoey and solicitor Barry Lyons, the two have already activated over 130 cases after spending the last four years researching and developing their legal strategy. The main vulture funds in the Irish market are Pepper, Mars Capital, Cabot, BCM and Start Mortgages (now Mars Capital).
Where Misselling.ie find reasonable grounds to conclude that mortgages were originally mis-sold to homeowners, they apply EU consumer law, which is superior to Irish law, as the basis to win compensation for their clients. Where compensation is won it has the potential to put homeowners back in control of their mortgage and with greater control over the capital in their family home. All cases are taken on a ‘no win – no fee’ basis.
Over the last number of years, the European Court of Justice (ECJ) has been very clear in its pronouncements on how consumer law needs to be interpreted across the Union, in particular, the Unfair Terms in Consumer Contracts Directive 1993 (UTCD), implemented in Ireland in 1995.
The principles espoused by the ECJ under the Directive include:
Stressing transparency and the need for consumers to understand the financial implications of contracts.
Terms must be clear and understandable to average consumers, including loan transfers.
Importance of transparency in rate determination and changes.
Risks must be clearly explained, especially with long-term implications.
Emphasizes that products must be suitable for the consumer’s needs, highlighting the obligation of lenders to ensure suitability.
Misselling.ie’s Process
Misselling.ie has undertaken an exhaustive mapping exercise to develop a robust process for claimants based on their processing c.150 cases over the last three years. These include several pathfinder cases.
The strength of a new claimant’s case can be determined based on the information they provide in a questionnaire, which is then aggregated with the outcome of research obtained from the existing cases (of which over 130 have already been filed with the FSPO). The standard mortgage contracts and accompanying documentation from all lenders in the period have been reviewed for the risks neither identified nor communicated.
A mapping exercise has been carried out, benchmarking ECJ pronouncements and reinforcements of the principles and objectives of the UTCD to the conduct and contracts of lenders participating in the Irish credit boom. Misselling.ie has also mapped the lenders’ contracts to the requirements set out primarily in the Central Bank’s Code of Practice 2001 and its Consumer Protection Code 2006 coupled with regulatory instructions issued directly to lenders in the period. Misselling.ie believes that the probability of success is high when a claim meets the criteria embedded in their assessment model.
It is a professional service grounded in EU law that seeks compensation for family homeowners who were mis-sold mortgages pre-2009 and are dealing with vulture funds today. Pictured at the launch of its campaign to recruit potential claimants from the over 200,000 people affected in Ireland are Misselling.ie Directors Ben Hoey (accountant & banking expert) and Barry Lyons (insolvency solicitor).
Solicitor Barry Lyons said:
“Prior to 2009, many mortgages were likely mis-sold on the basis of ‘unfair terms’ as defined in the UTCD. In these circumstances, EU law requires that individuals can effectively exercise their rights under EU law, that it is “directly effective” as though in national law. It requires that national laws and procedures must not make it excessively difficult or practically impossible for individuals to enforce rights derived from EU law…Having researched, developed and activated 130 cases, we believe that the Irish regulatory and judicial system is lagging in this principle of effectiveness based on how difficult, how long, how costly and ultimately how few mortgage holders have succeeded in being compensated to date, some 15 to 20 years after the mortgages were sold to them.”
Misselling.ie CEO Ben Hoey said:
“We understand that many homeowners are under severe pressure from the relentless approach taken by funds who own their mortgages, some of whom are charging 9% interest rates on home loans. We are confident of the legal merits of our approach and are not charging anyone that instructs us unless we are successful in securing compensation for them.”
For information:
Conor Dempsey, Dempsey Corporate, Tel: 086-247 9892/ conor.dempsey@dempseycorporate.com
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Publish date : 2024-11-04 04:18:00
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