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Mortgage Securitisation Claims Terms & Conditions

Following the formal registration and instruction to the recommended Panel Law Firm (PLF) professionals on a DBA/CFA - No Win – No Fee* Representation basis for the filing of a Mortgage Securitisation Claim (MSC) paperwork to your Bank/Lender. No Filing/Legal/Administration Charges. However, subject to a 25% + VAT "No win-No fee"* agreement.

1. At the completion of the DSAR Validation Audit process, a QVA report will be given by QV Auditors Ltd. to MSCL with either a negative or positive result. If we receive a negative statement you will not have a cause of action or case, you will receive a Statement of Facts and the matter will end as far as MSCL are concerned. Your data will then be deleted/destroyed.

If, however, a positive Statement of Facts, is given to a Panel Law Firm (PLF) by MSCL, you are eligible to file a Mortgage Securitisation Claim (MSC) and, as such, join the other MSC Claimants, who have a similar MSC action against your lender.

2. When you sign the Damages Based/Conditional Fee Agreement (DBA/CFA), which is more commonly referred to as a No Win – No Fee* agreement, and the PLF’s normal client care paperwork, your individual MSC will now commence and, the relevant formal filings will be prepared and submitted as quickly as possible

3. If you choose not to instruct the MSC Ltd. panel law firm, MSC Ltd. or any other associated company/firm will not pursue a Mortgage Securitisation Claim (MSC) for and on your behalf and any future overall or general lender settlement or award, negotiated by MSC Ltd. or their panel law firm(s) will not be applicable to you.

You are obviously free to choose to instruct or appoint any other firm of solicitors to act for you and, it is strongly recommended that if you do choose to appoint an alternative firm, you confirm the costs and indemnity provided by them, to you. As well as check that they have the required skill, expertise. knowledge and qualifications to be able to adequately you represent you, with sufficient professional indemnity insurance and After the Event (ATE) insurance protection for adverse costs, should they not proceed with your case or it is lost or abandoned by them.

4. If you have not signed and returned the DBA/CFA and relevant paperwork to MSCL no further liability shall be remaining between MSCL and yourselves.

5. The DBA/CFA instructs the MSCL recommended Panel Law Firm )PLF) to proceed with your Mortgage Securitisation Claim (MSC), against your lender with their appointment of MSCL and the external Counsel/QC’s to act as your Legal Team, to represent you and negotiate with the lender or pursue the case in Court.

6. By signing the Damages Based/Conditional Fee Agreement (DBA/CFA) all participants are named including MSCL, with the percentage of any fee or benefit stated. Examples of potential outcomes are included at the end of the DBA/CFA. An example is available for review on our website www.yourmsc.co.uk.

The total fee is calculated at 30% inclusive of VAT of any benefit to you

7. You are hereby advised that NO additional fees are authorised or will be due and payable by you to anyone who is not named in the DBA/CFA or any other legal document provided by the PLF to you and signed by you.

8. MSCL will prepare all the paperwork with the PLF, in readiness for the Mortgage Securitisation Claim (MSC) and MSCL/your legal team will instruct external solicitors, mediators and/or barristers/counsel/QC’s as required and, undertake that there will be NO further costs to you, until your claim is successful.

9. The PLF or MSCL will arrange ATE or Credit Default insurance and litigation funding, as required, at no cost to you.

10. MSCL undertake to offer an indemnity through Legal Shield Protect Limited, a legal entity wholly controlled by MSCL, to provide you with full indemnity in the event that the MSC is lost or abandoned upon advice of counsel.

11. On the happening of a successful Mortgage Securitisation Claim (MSC), the DBA/CFA fees will be due and payable, together with any pre-filing legal expenses funding and accrued interest costs, which may have been used to provide third party litigation legal expenses funding, for your benefit.

12. You agree that should any court award additional legal costs in you favour, these are to be paid to the benefit of the legal teams involved and are not deductible from the DBA/CFA.

13. The entire process from submission to resolution is expected to be a lengthy one and we advise that the realistic time frame for any decision(s), regarding a Mortgage Securitisation Claim (MSC) may be as long as 3 years from first submission to reach a High Court decision, with an additional 2 years expected if the case goes to Court of Appeals.

It is expected that the actual time frame from initial filing of your MSC to a decision or more probably a negotiated settlement will be much less, but there is no control over response times from the lender or their professional advisors.

14. If there is a successful outcome, depending on the format and terms etc., the legal professionals will prepare and deliver any documentation in order to bring the matters to a conclusion.

15. If you cancel the DBA/CFA after the 14-day period has ended, but before a settlement or award has been achieved within a 3 year period from the date of the DBA/CFA being signed, the PLF/MSCL is/are entitled to charge the legal costs and disbursements incurred to the date you cancelled the DBA/CFA, capped at £11,600.00.

16. Your commitment to us is such that you agree to lend all necessary assistance to the legal teams in order that the legal team may pursue your cause of action.

17. You undertake NOT to provide false or misleading information and provide all information requested as accurately as you can.

18. After a successful win, the purchasers of your original loan may make an unsecured claim of ownership against you. If you wish, BTE insurance, may arranged by MSCL for you, with you as the named party, it will provide you with cover for legal defence costs, that may be incurred in defending their claim.

You owe it to yourself and family to at least check the documentation and, if as we believe is the case, to then proceed to a formal MSC and potentially secure a significant ‘win’* as a result.

*A significant win is one where at least 30% of your mortgage balance is set aside or credited or a significant financial benefit is gained.

No Win No Fee*: *Cancellation Fees may apply once legal work has started on your case.

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.

MSCL 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 MSCL and/or Samweb (UK) Ltd./QV Auditors Ltd. disclose any of your information to any third party, we do not share your data with anyone other than your appointed PLF and any of their/your legal representatives.