Validation Terms & Conditions
Legal Quest plc will be instructed by MSC Ltd. to conduct a formal Data Subject Access Request to the Bank/Lender for all potential MSC Claimants and review the Mortgage/Loan documentation once received etc.
The results of the DSAR Validation Audit will produce one of two results. Either there will be evidence to substantiate your MSC with details of the securitisation of your mortgage loan or the results will not have sufficient evidence to support a valid cause of action.
If the results are that there is no cause of action MSC Ltd. will furnish you with a report confirming the findings and you may take whatever action you wish based on the DSAR data available to you via the secure LARS portal.
If the results are positive, a legal opinion will be issued to the recommended panel law firm by MSC Ltd., who will accept you as a potential MSC Claimant. You will receive a notification that you have a recommended course of action, with the correct paperwork to instruct the panel law firm. A CFA for 25% + VAT with the panel law firm will cancel any prior No Win – No Fee agreements you may have signed previously.
Upon receipt of the signed paperwork, MSC Ltd. will become the legal case management firm liaising with the panel law firm and ensure that you are kept up to date on progress via the automated LARS reporting system.
The normal fixed DSAR Administration Retainer/Contribution comprises of the following:-
All Disbursements - £56.40 VAT Exempt
Plus Validation & Report/Legal Opinion on DSAR - £203.60 incl. VAT
Total Charge: £260 incl. VAT
1. Legal Quest plc are professional Loss Adjusters and are also independent Part 35 Experts in respect of Mortgage Securitisation. They act as professional DSAR Validation Review & Audit Service Providers
MSC Ltd. are further regulated by the Solicitors Regulation Authority via our in-house practicing solicitor. Martin D. Block LL.B. (Hons) who is one of the Legal Directors of MSC Ltd. and, as such, provides full SRA authorisation under Rule 4 of the SRA Practice Framework Rules 2011, via his SRA No: 118413, in addition to Legal Quest plc being designated as a Commercial & Industry body under SRA authorisation No: 634028.
2. Legal Quest plc are also Authorised Representatives of a Financial Conduct Authority ("FCA") firm and can be verified on the FCA Register - Ref: 739402, where it is stated that they are authorised to carry out all aspects of insurance mediation.
3. Legal Quest plc, as DSAR administrative advisers, will conduct (if instructed) any/all of the administrative tasks and services as required to determine if you have a valid MSC and they act purely as validation and repudiation specialists, which are more commonly referred to as 'Loss Adjusters' in the regulated insurance claim mediation arena referred to above.
4. Information provided herein on the MSC Ltd. website(s) and in the printed and electronic media provided by MSC Ltd. is for general information only.
5. Any/all activities carried out by MSC Ltd. are for and on your behalf and are subject to the fixed administration costs as published. The retainer is to be paid PRIOR to Legal Quest PLC carrying out their instructed task(s). As agreed, MSC Ltd. will waive the payment of this fixed retainer/contribution for selected UK lenders only, apart from a token £1.00 security and validation charge which confirms that each MSC Claimant is a real person.
You, as a client, have a statutory 14 day cooling off period during which time you may cancel your instructions without any reason being given. You may however, if you wish waive the 14 day ‘cooling off’ period simply by indicating on the form which will be included in your Welcome Pack that you wish Legal Quest plc to immediately start your DSAR Validation Process.
6. We will give you our best advice at all times.
7. Any reports or opinions will be obtained from related or unrelated external parties which may include solicitors who are either regulated and conduct their activities under the guidance and control of the Solicitors Regulation Authority (SRA) or exempt from same, if such matters are deemed appropriate.
8. Legal Quest plc who are instructed by MSC Ltd. will review and provide the aforementioned summary reports on the mortgage/loan documentation provided by you and/or your Bank/Lender. MSC Ltd. will case manage, if so instructed by your panel law firm, any aspects your potential MSC against your Bank/Lender, relating to the potential redress from your Bank/Lender regarding your Mortgage and/or related Loan(s) secured on your property.
9. Legal Quest plc shall take particular notice of any related matters regarding the disclosure and subsequent use by your Bank/Lender of a Power of Attorney or similar authority granted by you to the Bank/Lender, and potential legal and regulatory breaches thereto, resulting in you being able to make an informed decision whether to pursue a dispute, or not, against your particular Bank/Lender.
10. By instructing MSC Ltd., you understand that MSC Ltd., have not been appointed as your legal representative.
11. You are hereby notified that should you appoint the recommended panel law firm suggested by MSC Ltd. to proceed with your MSC, it may be appropriate to arrange “before the event” and “after the event” Insurance, by Legal Shield Protect Ltd., or any other indemnity provider you choose. You are hereby advised that Legal Shield Protect Ltd., is controlled 100% by MSC Ltd.
12. You understand that a condition of the appointment of the panel law firm is the execution of a *Conditional Fee Agreement (CFA) more commonly referred to as a No Win – No Fee Agreement for 25% + VAT based on any direct or indirect benefit achieved by the panel law firm on your behalf. The CFA fee is due and payable by you in the event of a successful outcome following either a negotiated settlement with your lender or by any award by a Court or Tribunal.
13. A successful outcome may include the release of a substantial percentage (i.e. more than 10%) of the outstanding balance of any mortgage/loan as a minimum event, and/or the release of the charge(s) registered at HM Land Registry thereto. All additional benefits are considered part of a successful outcome in any respect.
14. You understand that once MSC Ltd. has issued a Legal Opinion to the panel law firm, that the |DSAR Validation Audit process has been completed and that you may then make an informed decision whether to proceed with your MSC, or not.
You may choose to do nothing; decide to take matters further with your own legal advisors, or simply instruct the MSC Ltd. panel law firm, sign the various paperwork and the new CFA and allow the panel law firm to file your |MSC and deal with all aspects of the case. MSC Ltd. will act as the case management firm reporting to both you and the panel law firm via your automated, secure portal on LARS.
*Cancellation Fees may apply once legal work has started on your case.
15. Your decision to continue your MSC against your Lender after you receive the results of the DSAR is, and shall remain, at your sole discretion throughout, as would any further action(s) taken on your behalf.
16. The Conditional Fee Agreement (CFA) is a separate legal agreement and will ONLY be entered into if MSC Ltd. issue a legal opinion which states you have or may have a case. If you accept the recommendation of the panel law firm, MSC Ltd. will arrange for the allocation of your case via our legal case management department, who will add it to an existing group or batch of similar MSC’s and pass your details on to a specialist panel firm of solicitors and/or barristers as appropriate. They will deal with any of your individual MSC action(s) on the 25% + VAT CFA basis for you.
MSC Ltd. are compensated by the panel law firm for acting as the legal case managers without any additional liability to you.
As published and stated, the legal professionals will be prepared to undertake to represent you under the Conditional Fee Agreement (CFA) you sign with them.
17. You are formally advised that the timescales for any subsequent action will be dependent on the individual circumstances of your MSC and the specific lender against which the MSC is filed. Should the planned negotiations breakdown you, as an individual MSC Claimant, will be named on the paperwork submitted to court.
18. If you choose not to instruct the MSC Ltd. recommended panel law firm, we strongly advise that you appoint your own independent legal advisers on this important matter.
19. If you choose not to instruct the MSC Ltd. recommended panel law firm on your Mortgage Securitisation Claim (MSC), after completion of the DSAR Validation process, we will close your file and no further action will be taken on your behalf.
20. If your Lender fails to comply with the Data Protection Act Legal Quest plc will, on your instructions, refer your case to the Information Commissioner.
21. Should MSC Ltd.'s panel of solicitors choose to use the Court Service after exploring all other mediation avenues, it will not cost you anything, until you have a successful outcome from such action.
22. Once you instruct MSC Ltd. you are agreeing to sign/accept these terms and conditions, which shall, and will be, considered a formal agreement, we will instruct Legal Quest plc to conduct the DSAR Validation Process for you.
23. Prior to your instructions being accepted and you must authorise payment of the £1.00 token payment via the MSC Ltd. secure payment system, and complete the online Client Information Form and sign using your electronic hand generated signature to accept these terms and conditions (a copy of which is provided in writing for such services).
24. Legal Quest plc is not capable of proceeding without the basic and accurate client information that only you can provide. You will note that in order to proceed to payment, you are required to electronically sign the agreement, using the electronic e-draw signature panel.
This is administered by the e-sign provider and cannot be used on any other document and is automatically deleted upon its single use.
Your obligations to Legal Quest PLC
1. Provide them with as much additional information and documents you have about your mortgage/loan if, so requested by Legal Quest plc, providing such items are in your possession.
2. Tell them if you move house or change contact details so they may update the LARS records and maintain direct contact.
3. Return all requested documentation or authority items promptly, to include a duly ‘wet ink’ signed formal authority to act for you, together with a copy of your photo identification (passport or driving license) and a copy of your last mortgage statement. Due to Lender requirements, they at the moment must receive your original signed letter of authorisation and NOT a copy. Royal Mail pre-paid envelopes are provided by Legal Quest plc for your prompt return. It is hoped that electronic documentation and secure e-signatures will be acceptable in the near future.
4. Tell Legal Quest plc, if the Bank/Lender contacts you directly and refer them to Legal Quest plc without responding in any manner whatsoever.
5. You can monitor the progress of your DSAR and potential future MSC in real time, as and when any action takes place, by secure access to your own specific file on the LARS back office. You will be given a secure User Name and Password for immediate review of any/all relevant correspondence and related activities.
6. Legal Quest plc’s automated system sends an SMS text to you in every instance when new information is received or an activity or action is carried out. This ensures that you are able to have a current and accurate understanding of where your MSC is at any time 24/7.
Data Protection: All of your data is controlled and processed in accordance with the Data Protection Act 2018 and will be used to help us pursue your complaint. Your files are retained electronically for up to 6 years or will be deleted once we no longer have any purpose for it.
Legal Quest plc who operate LARS and the archive system reserves the right to charge a fee for the recovery of your file should you wish for a physical copy to be provided. Electronic copies may be accessed without charge.
At no time will MSC Ltd. and/or Legal Quest plc disclose any of your information to any third party, we do not share your data with anyone other than your appointed panel law firm and any of their legal representatives.