Formal Registration and instruction of Solicitors/Legal Professionals on a No Win – No Fee Representation basis for the filing of Dispute Resolution paperwork to your Bank/Lender. No Administration Charge. Subject to a "No win-No fee" agreement.
1. At the completion of the DSAR Validation Process a legal opinion will be given by Legal Quest PLC with either a negative, positive or probable report. If you receive a negative opinion you will not have a cause of action or case and the matter will end as far as Legal Quest PLC are concerned. If you receive either a positive or probable legal opinion, you are eligible to file a Mortgage Securitisation Claim (MSC) and join the Legal Quest PLC Class/Group action against your lender.
2. You will be automatically added to the relevant Class/Group action if you signed the Conditional Fee Agreement (CFA), which is more commonly referred to as a No Win – No Fee agreement, as part of the Money Back Guarantee facility offered by Legal Quest PLC when you returned the Agent Authority letter and identification documents at the start of the DSAR Validation Process. If, however, you did not take up the Money Back Guarantee offer and have not yet signed the CFA’s, you must sign them and return the signed copy to Legal Quest PLC in the stamped self-addressed envelope provided before Legal Quest PLC can add you to the relevant Class/Group action.
3. If you choose not to instruct Legal Quest PLC by signing the CFA Legal Quest PLC will not pursue a Mortgage Securitisation Claim (MSC) for and on your behalf and any future settlement or award negotiated by Legal Quest PLC 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.
4. If you have not signed and returned the CFA to Legal Quest PLC no further liability shall be remaining between Legal Quest PLC and yourselves.
5. The CFA instructs Legal Quest PLC to proceed with the Mortgage Securitisation Claim (MSC) against your lender as part the relevant Class/Group action with our appointment of the Legal Team to represent you and negotiate with the lender or pursue the case in Court.
6. By signing the Conditional Fee Agreement (CFA) all participants are named including the Legal Team, with their percentage of any fee or benefit stated. Examples of potential outcomes are included at the end of the CFA which is also available for review on our website www.legalquest.org. The total fee is calculated at 24% 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 any of the participants named in the CFA.
8. Legal Quest PLC will prepare all the paperwork in readiness for the Mortgage Securitisation Claim (MSC) and instruct solicitors, mediators and/or barristers as required and undertake that there will be NO further costs to you.
9. Legal Quest PLC will arrange ATE insurance and litigation Funding, as required, at no cost to you.
10. Legal Quest PLC undertake to obtain an indemnity through Legal Shield Protect Limited, a wholly owned subsidiary of Legal Quest PLC, to provide you with "Before the Event" cover for a six-year period commencing on the happening of a successful action, providing defence costs cover should the Third Party to whom your mortgage was sold, commence any future recovery action against you, at no cost to you. The indemnity does not cover any action taken in the European Court of Justice.
11. On the happening of a successful Mortgage Securitisation Claim (MSC), a minimum 50% of the CFA will be used to provide BTE Insurance and/or future indemnity provisions, for your benefit, without further cost to you. You will be the sole named beneficiary of any BTE Insurance policy.
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.
13. The entire process from submission to resolution is expected to be a lengthy one and Legal Quest PLC advise that the realistic time frame for any decision(s) regarding a Mortgage Securitisation Claim (MSC) may be as long as 1 to 2 years from first submission.
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.It is expected that a pre-litigation settlement option will be the most likely outcome, although nothing is confirmed until agreed and settled in writing. However, in any settlement or successful award situation, the end result is likely to be the same. The original amount of the mortgage balance will most likely be set aside. If you are unable to pay our fee from your own available funds, a new, significantly lower, mortgage amount could be negotiated with your original lender, if you wish. It is also likely that a non-disclosure ‘gag’ order is contained therein.
16. If you cancel the CFA after the 14-day period has ended but before a settlement or award has been achieved within a 2 year period from the date of the CFA being signed, Legal Quest PLC is entitled to charge reasonable costs incurred up to the date you end the CFA.
However, due to the fact that there are two groups of claimants per Class/Group action, Primary Claimants who will be named on any court filing paperwork and Secondary Claimants who will be listed but not named and as such will benefit from the outcome of the action by the Primary Claimants, as such, the stated contribution costs to be charged for the early termination will be up to £1000 incl. VAT for any Primary Claimant, who within 2 years of signing cancels the CFA prior to the negotiated settlement or award unless otherwise agreed in writing.
17. Your commitment to us. You agree to lend all necessary assistance to the legal teams in order that the legal team may pursue your cause of action.
18. You undertake NOT to provide false or misleading information and provide all information requested as accurately as you can.
19. After a successful win, the purchasers of your original loan may make a claim of ownership against you. BTE insurance, purchased by Legal Quest PLC with you as the named party, will provide you with cover for legal defence costs that may be incurred in defending their claim.
20. If the third party are successful, you may owe them the original mortgage balance. You will only have to contribute 70% and RETURN TO YOUR ORIGINAL MORTGAGE LIABILITY AMOUNT, the balance being made up from contributions from the Legal Shield Protect indemnity fund and the underwriters of the BTE insurance policy. Your maximum liability will never exceed the original mortgage obligation. You are obviously free to choose to appoint any other firm of solicitors to act for you and it is strongly recommended that you should do so, if you choose not to appoint Legal Quest PLC.
If you choose not to instruct Legal Quest PLC for the Mortgage Securitisation Claim (MSC) no further liability shall be remaining between Legal Quest PLC and yourselves.
You owe it to yourself and family to at least check the documentation and, if as Legal Quest PLC believe is the case, to then proceed to a formal challenge and potentially secure a significant ‘win’* as a result.
*A significant win is one where at least 10% of your mortgage balance is set aside.
Data Protection: All of your data is controlled and processed in accordance with the Data Protection Act 1998 and will be used to help us pursue your complaint. Your files are retained electronically for 6 years and will be deleted thereafter. Legal Quest PLC reserves the right to charge a fee for the recovery of your file should you wish for a physical copy to be provided. We will never disclose any of your information to any disinterested third party.