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The Validation Process | 2 - 3 Months

The DSAR Validation Process will continue to be carried out at our expense, by Legal Quest plc, who are recognised as Part 35 Experts in this matter. It allows us to determine whether your mortgage was sold, transferred or assigned by your lender. Their previous fixed cost contribution of £260 including VAT, is agreed to be waived by Mortgage Securitisation Claims Ltd., by using the correct discount code which we will provide. As soon as an application by a new potential MSC Claimant is received, Legal Quest plc, will be instructed, by us, to carry out a Data Subject Access Request (DSAR) to your lender, acting as your Authorised Agent, requesting specific information and documents that relates to the securitisation of your mortgage account.

In our experience, an average DSAR will result in between 300 and 500 pages of data from your lender. Using the bespoke Legal Administration Review System (LARS) and the latest OCR technology, Legal Quest plc and Mortgage Securitisation Claims Ltd. are able to review the documents provided by your lender and determine whether they have sold your mortgage debt and, if so, whether the lender retained the equitable and legal title to the charge they hold on your property. Once we have received the preliminary DSAR report from Legal Quest plc, who will have carried out the review, we will issue a Legal Opinion to a panel law firm or Statement of Facts to you, based on the findings.

The DSAR Validation Process takes between 2 and 3 months to complete. This is due to the rules set out under the Data Protection Act 2018, which allows your lender 30 days to provide the information and, after receipt, allows the DSAR validation team sufficient time to review the data, request further information from the lender if needed and, enable them to provide a detailed report to us, allowing a professional legal opinion or statement of facts to be prepared, based on the results of the DSAR.

You can, of course, carry out a Data Subject Access Request yourself, by submitting your request to the lender, however, once you receive the documents, you will need to have a capable person carry out a review of the information provided in order to determine whether there is any evidence of securitisation. Until the launch of the Mortgage Securitisation Claim (MSC) process and the development of LARS, the cost of a legal review was prohibitive with quotes received in excess of £4000 to £5,000 being stated, followed by a further cost of around £6,000 for a full Part 35 Expert report.

  • Signup Completion

    Our electronic sign up takes only minutes to complete. If you need any assistance, one of our specialist staff are on hand to guide you through the process. This can be done over the phone or via email.

    You must answer the pre-qualifying questions and, confirm if your lender is one of the current primary action lenders we are taking new MSC applications for, if you qualify, you will be able to enter your personal details, which will take you to the standard £260.00 claimant contribution page.

    By entering the Mortgage Securitisation Claims Ltd. discount code, which will be prominently featured on all advertising, and, is also available via our authorised media partners (‘AMP’s), the standard contribution amount of £260.00 will be reduced to a nominal £1.00 balance.

    This must be paid by all new clients as a part of the security and validation process to verify a genuine person exists.

    Once we receive notification that you have made an application, we will instruct Legal Quest plc to send you a Welcome Pack, including your secure log in details to LARS, so that you can continue to track the progress of your MSC case, all the way through to completion.

  • Supporting Documents

    To determine if your mortgage has been securitised Legal Quest plc need to submit a Data Subject Access Request on your behalf.

    Following sign up in your Welcome Pack, you will receive a copy of an Agent Authority Letter for you to sign, authorising Legal Quest plc to deal with your lender on your behalf. They will also require a copy of Photo Identification for all people named on the mortgage and a copy of your latest mortgage statement.

    It is important that you sign the paperwork, attach the copies requested and send them back to Legal Quest plc in the self addressed, pre-paid envelope provided as soon as possible, so they may start your MSC journey without delay.

  • Data Subject Access Request Submission

    Once Legal Quest plc have receive your signed Agent Authority and supporting documents, they will submit the Data Subject Access Request (DSAR) to your lender, along with any payment (where required). All requests are sent recorded delivery to ensure their safe arrival.

    In accordance with the General Data Protection Act 2018, once your lender receives the DSAR, they are allowed 30 days to provide the requested information.

  • Document Review

    In most cases the DSAR documents are provided within 30 days. Following receipt of the documents by Legal Quest plc, they will carry out a comprehensive review to determine if there is any evidence that your account has been securitised. The review process is carried out by trained staff, using bespoke OCR software, which can scan and search for specific key words and phrases that indicate if your account has been sold, transferred or assigned (‘securitised’), together with a final review by a ‘live’ member of staff to check the results.

  • Legal Review

    Once the DSAR document review and audit has been completed, the evidence and initial report is passed back by Legal Quest plc to the Legal Team at Mortgage Securitisation Claims Ltd., to confirm if; a.) there was sufficient evidence to issue a Legal Opinion confirming the mortgage debt has been securitised, b.) there was insufficient evidence to confirm that the mortgage debt was securitised which will result in you being issued with a Statement of Fact that there is no cause of action at this time, or 3.) If, during the DSAR Validation report review, we feel the documents provided were incomplete, Legal Quest plc will be instructed to send a further request to your lender allowing an additional 21 days for a response. After this additional information has been analysed we will respond with either a Legal Opinion or Statement of Facts based on the final report from Legal Quest plc.

  • Legal Opinion & Statement of Facts

    Following a complete review of all DSAR documentation, and the Validation Audit report from Legal Quest plc indicates that a mortgage debt was sold, a panel law firm will be issued with a Legal Opinion from Mortgage Securitisation Claims Ltd. based on the findings.

    If the DSAR Validation Audit report is a Negative then, unfortunately, you do not have a case at this time, and you will receive the Statement of Facts to this effect. At this time you will have no further action and your case will be closed and the DSAR data destroyed under GDPR rules within 30 days due to there being no legitimate reason to keep the data.

    If Positive Opinion has been issued to a panel law firm, and they agree to take on your MSC, you will be invited to instruct the panel law firm to pursue your MSC Claim against your lender and at this stage will be required to sign the panel law firm’s client care documentation so you become their client.

    If you decide to proceed, there are no other upfront costs*. You will, however be required to sign a 25% + VAT No Win No Fee* Agreement with the panel law firm.

    * There may be a requirement for you to agree that filing fees, third party expert reports and counsel fees will be covered by you under a no recourse, legal expenses funding facility arranged by the panel law firm, which is ONLY due and payable in the event of a successful claim.

    You have absolutely no liability if your claim is lost or abandoned by the law firm.

    Note: Cancellation Fees may apply once legal work has started on your claim.

Mortgage Securitisation Claim | 30% inc VAT No Win No Fee Agreement

If you qualify for a valid MSC to be filed and decide to choose to instruct the panel law firm to represent you on an individual action basis, your MSC will be prepared and filed by the panel law firm, against your lender with a view to a successful outcome, with Mortgage Securitisation Claims Ltd. acting as your case management liaison to the panel law firm, via LARS.

If the lender chooses not to settle the claim ‘out of court’ or, the lower courts do not find in your favour, you may ultimately be included in a future Class/Group Litigation Order Action against your lender, if, and only if, the representative Counsel decide your MSC still has merit.

A Class/Group Action simply means a group of people with the same type of case join forces.

It is expected that discussions and possible negotiations may take place and a satisfactory result will be achieved, well before a proposed GLO is planned and, as such, no Class/Group Action will result.

The MSC Process is expected to take between 12 and 36 months, however, as this is a new concept, not yet tested in court, we are unable to provide definitive timescales. In reality, all parties expect it to be dealt with much sooner, but, to manage expectations, the longer time frame is stated. The timeline sequence below details what we expect to be the process and estimated timescales from appointing the panel law firm to the expected MSC settlement.

The MSC Process operates exclusively on a No Win No Fee* basis. By signing a Conditional or Damages Based Fee Agreement for the 30% incl. VAT calculated deduction, from any successful settlement/award, the panel law firm’s Legal Team will be appointed to negotiate and represent you until a settlement can be agreed.

You can represent yourself or, appoint your own legal team, however please be aware the cost of legal action could potentially outweigh any gain on an individual case.

* There may be a requirement for you to agree that filing fees, third party expert reports and counsel fees will be covered by you under a no recourse, legal expenses funding facility arranged by the panel law firm, which is ONLY due and payable by you in the event of a successful claim.

You have absolutely no liability if your claim is lost or abandoned by the law firm.

Note: Cancellation Fees may apply once legal work has started on your claim.

Conditional Fee Agreement
This is a Specimen Only – the No Win – No Fee Agreement you will sign may differ In its content but will not be for more than the stated 25% + VAT amount.

To download an view an example of the Conditional Fee Agreement please click here.

  • Progression to Formal Claim

    Following a positive Legal Opinion being issued, you will be given the option to take the matter further against your lender by filing an individual ‘MSC action via one of our panel law firms.

    The initial individual action will be dealt with by the panel law firm, who has agreed to represent valid MSC Claimants against your particular lender. Should you choose to instruct them, you will then be given the panel law firm’s formal claim documentation and client paperwork, relating to your specific MSC, with all terms and conditions carefully set out in plain English so there are no areas for concern.

    If your MSC is not negotiated to a successful outcome by the panel law firm, or the matter is referred to a higher Court, you will be represented at all stages by the panel law firm until such time as the Counsel advise otherwise.

  • Damages Based or Conditional Fee Agreement

    Once you decide that you wish to proceed with your valid MSC, having received the Damages Based or Conditional Fee Agreement (DBA/CFA) together the legal representative’s paperwork, as well as any other relevant documentation, you MUST sign them and return them to Mortgage Securitisation Claims Ltd., so the paperwork may be entered onto LARS, before being sent onto the panel law firm.

    The DBA or CFA agreement, better known as a No Win No Fee* Agreement, means you would only pay anyone, upon the result of a successful settlement or outcome for your claim. The stated fee percentage (30%) incl. VAT is the calculated CFA amount you agree to pay and relates to any award or benefit that is awarded to you.

    If a decision is made in your favour and even if the only ‘win’ is for the lender to remove their charge at the Land Registry you would still owe the DBA or CFA fees plus VAT, based on the outstanding balance of your mortgage at the time of settlement.

    * There may be a requirement for you to agree that filing fees, third party expert reports and counsel fees will be covered by you under a no recourse, legal expenses funding facility arranged by the panel law firm, which is ONLY due and payable in the event of a successful claim.

    You have absolutely no liability if your claim is lost or abandoned by the law firm.

    Note: Cancellation Fees may apply once legal work has started on your claim.

  • Pre-Action Requirements, Updates & Reporting

    Following receipt of your signed DBA/CFA Agreement, together with any additional paperwork required for the formal appointment of the Mortgage Securitisation Claims Ltd.’s panel law firm to deal with your individual MSC, your panel law firm will then, at their expense, instruct Legal Quest plc to prepare the detailed Part 35 Expert Witness Report on your MSC. This will specifically detail the actual quantum and claim against your particular lender.

    All MSC claimants will be able to access the LARS secure portal at any time, for updates and current status reports. To reduce un-necessary costs and expenses, phone updates will only be given in exceptional circumstances. It must be understood that until there are new information updates, individual cases will not be discussed. The panel law firm will have a dedicated contact telephone number which may be used for urgent matters only. Any calls to the panel law firm’s normal telephone line(s) will be referred to the dedicated MSC number, without any action taken.

    Unfortunately, that is and must remain the baseline position for ALL claimants in a particular lender group. There will be no individual information or reporting updates until the latter stages, when the individual circumstances and quantum values will be negotiated on a claim by claim basis.

    A general update may be able to be given, subject to the terms and conditions of any ‘gag’ order which may form part of any settlement.

  • Appoint Legal Representation

    If you choose to proceed with your MSC, Mortgage Securitisation Claims Ltd. will allocate your valid MSC to a the panel law firm and the Legal Team will prepare the individual MSC paperwork for you to be able to instruct the panel law firm as the Claimant(s). Mortgage Securitisation Claims Ltd. will continue to provide Legal Case Management services to the panel law firm using LARS as the automated secure portal for all communication between claimants and the legal team.

    It is planned that the formal instruction paperwork, the DBA or CFA and any other relevant documentation, will be prepared and sent to you via a new secure electronic signing software system which is legally binding on all parties.

    This allows a swift and speedy execution and moves the MSC forwards without delay. A complete set of formal printed and signed MSC claim paperwork will be sent to each Claimant, by recorded delivery mail, within 5 business days from the date of electronic signature(s).

    During the lead time, from first notification of the formal MSC being represented by a panel law firm and, up to the first formal filing date, the preparation and execution of individual formal Letters of Claim and subsequent filing paperwork for each of the MSC Claimants will be completed, with formal notification, via LARS, to each MSC Claimant when any new action has been completed.

    The panel law firm’s Legal Team will plan to be ready to file the Notice of Claim and submit same to the lender on the agreed first filing date, or on the next subsequent filing date for each current and additional MSC Claimants. There is no definitive time frame for any filings, however, it is expected that each MSC will be filed within 90 days from the panel law firm being formally appointed, possibly, less once the matters are progressing.

  • Arrange ATE or 3rd Party Litigation Funding

    Before notifying the lender of the dispute, the panel law firm’s Legal Team will have arranged After the Event(ATE) insurance and/or 3rd Party Litigation Funding* for each specific MSC.

    ATE insurance provides indemnity for legal expenses in the event that the case is lost or abandoned and will typically cover the legal expenses incurred by your lender and the panel law firm’s Legal Teams disbursements, such as Part 35 expert fees, counsel fees and court costs, all which will have been paid by the legal expenses/litigation funders, from the facilities arranged by Mortgage Securitisation Claims Ltd.’s panel law firm.

    At no time will the claimant(s) be responsible for the repayment of any funding, until their claim is successful.

    * There may be a requirement for you to agree that filing fees, third party expert reports and counsel fees will be covered by you under a no recourse, legal expenses funding facility arranged by the panel law firm, which is ONLY due and payable in the event of a successful claim.

  • Open Discussions with Lender

    Once the ATE insurance is confirmed to be firmly in place, the panel law firm’s Legal Team will notify the lender that they are filing a formal MSC, with a fully detailed Letter of Claim being submitted in order to begin initial dialogue. Negotiations and further dialogue is expected to take place over a period of time, during which your legal team will discuss the reasons for the MSC and outline the options for moving forward. It is expected that, over an initial 3-month period, your legal team will have a good understanding of how the case will progress and what options are available to achieve settlement.

  • Negotiated Settlement

    If, following the initial discussions, it looks likely that an Out of Court Settlement can be agreed then your legal team will continue the negotiations on an individual basis, with possibly a global one, for all other MSC Claimants they are representing with the same MSC against the particular lender.

    A settlement at this stage would be beneficial to the lender as they could possibly agree to a ‘gag order’, meaning the details of the settlement would not be allowed to be disclosed to the public and a precedent would not be established.

    If a settlement is agreed, your legal team would agree the best possible outcome for you, notify you and each other MSC Claimant they are representing, of the result of the negotiations, with a recommendation to accept the settlement, on the terms suggested.

    What the actual terms of any such settlement will be is not something which can be determined at this stage, however, as a minimum a simple request that your lender removes their charge at HM Land Registry, means you would then be technically ‘mortgage free’.

    This is one possibility; however, the fact remains that your original intent and debt may still be valid but not enforceable. You will, however, still have a liability to the panel law firm for the Damages Based or Conditional Fee amount agreed, based on the outstanding mortgage balance.

    If required, the option of a new reduced mortgage, on the same or better terms may be proposed to your lender, to meet your liability under the DBA/CFA. Until such time as the actual terms are negotiated, there can be no firm statements made.

    What is genuinely believed is that any/all payments made by you, to the lender since the date of the securitisation, especially the interest portions, are recoverable if there is no valid contract in place.

    Based on the average calculations carried out on over 2,000 existing MSC’s, it has been confirmed that if the matter is to be settled as part of a negotiated ‘out of court’ matter, the minimum benefit to any MSC Claimant will on average be not less than 30% of the outstanding balance of their mortgage debt on the date of settlement and, as previously stated in the press, not more than 70%.

  • Dispute Resolution

    In the event that a settlement cannot be agreed for a particular MSC, during the Negotiated Settlement phase, Mortgage Securitisation Claims Ltd.’s panel law firm would arrange or propose for ‘Alternative Dispute Resolution’ (‘ADR’) or Arbitration to take place. This is also known as mediation.

    If this is agreed, an independent expert would be appointed to review the case on either a non-binding basis or, alternatively, on a final and binding determination. The expert will evaluate the likely outcome should the matter go to court. Once the evaluation has been given it is expected that the lender will see the legal and commercial sense in resolving the dispute.

    If a settlement is awarded in your favour, then the same liability under the CFA would be part of the ADR. If the final and binding determination is agreed, unlike Arbitration, the decision is binding but does not require the supervision of the court and provides flexibility for both parties to come to a final agreement. It is likely, however, that any such decision will in most cases result in a higher benefit to the MSC Claimant.

  • High Court

    In the event that a settlement cannot be agreed Out of Court and all other remedies have failed, including any decision by a lower Court, your legal team may proceed to file the Action against your lender in the High Court.

    An initial application will then be submitted for discovery, to compel the lender to provide specific evidence. Once the evidence is to hand, an application will be made to the High Court requesting a court date.

    During the court case, the Legal Team will provide evidence of the errors and omissions that have taken place and challenge your lenders rights which are, as a minimum, the right to maintain their Land Registry Charge as named proprietors having been paid in full, the legal charge satisfied and no further financial or equitable interest in the land/property remains and that any/all payments made since the date your mortgage was securitised are refunded, with the statutory 8% interest surcharge applied.

    Should the court find in your favour, the outcome which would be achieved, is likely to be significantly higher, plus the possibility of additional compensatory damages and, of course, legal expenses and costs being awarded.