Could you sue your solicitor? : LUSENET : Repossession : One Thread

With regard to the question of the MIG.

I have received a booklet of terms and conditions which were relevant to my mortgage in 1990. One of the clauses say that if I do not repay the mortgage, the B/S will pursue us for the cash.

We bought a mig on the context of this clause and were told it would insure US against shortfall.

The B/S have provided a block cover of the MIG, which clearly states that the INSURER will chase the Borrower (me) for the shortfall. The B/S say this doc (MIG) is between lender and insurer and I as borrower am not allowed to see it (even though I was forced to pay for it).

If the Insurer has a case, could you sue your solicitor for not requesting the information in the first instance?


-- One Angry Mother (, October 14, 2002


Quite possibly, you can complain to the OSS (Office for the supervision of solicitors) and their contact details can be found on the Law Society Website However due to the extent of this problem throughout the UK, and the money to be made (by solicitors) and lost (by us, or the mortgage company) getting a solicitor to admit that he had made a mistake will be difficult to prove. In any case they always look after their own which is why the entire justice system in this country needs to be overhauled. BTW in 1990 the wording of the MIG's were so ambiguous as to who they protected (ie you or the lender) that they were extensively rewritten in 1993 to ensure that it was the lender that they were designed to protect in the case of a shortfall. If you have an early MIG, the chances are that it does not specify who is protected by it (The MIG) The reluctance of your mortgage company would suggest that it is one of the pre 1993 ones.

I would SARN the building society and the solicitor (you wont get anything out of them, but it is good to annoy them) and use all the areas on this site to create havoc. Good Luck

-- John (, October 14, 2002.

I would leave your solicitor till last. You'll have enough enemies, without getting your allies (incompetant they maybe) back up. You never know when you need their help. Concentrate you mind on the battle set.

-- Geoff Winters (, October 14, 2002.

Don't be silly, you sound a little bitter. I agree with Geoff

-- Johny Ball (, October 14, 2002.

I've looked closer at the doc they sent. It is not a signed insurance doc, and it is not even dated - therefore irrelevant cos they could have written it yesterday for all I know!

I have 15 queries from this one letter and a couple of documents so far, is this a record?


-- One Angry Mother (, October 15, 2002.

Message to Mr Ball.

Bitter !!!, perhaps, Angry, almost certainly. When a society jails traders selling banana's by the pound, and lets serial rapists off on technicalities, allows mortgage companies to participate in massive fraud, and fines speeding motorists instead of catching criminals then the system is flawed and must be changed.



-- John (, October 15, 2002.

Well said John,

However, I can still see many sleepless nights ahead and hours pouring over paperwork sent as a red herring, and then more letter writing in attempt to get some answers that add up!

Who, of us could do without the constant worry of a situation that should never have come to fruition, and how would we feel if we were able to just get on with our lives without the constant harrassment?

Ho hum, it all adds extra interest to a life that could otherwise be accused of being hum drum in it's absence of drama!


-- One Angry Mother (, October 15, 2002.

Tracey, whilst you are 110% right, Swaphead (what a is also spot on. You will spend years arguing this, and even though, as in my case, you have written proof of [allegedly]fraudulent activity on the part of the Lender, proof of mis-selling of the MIG, proof of won't get you anywhere. I am the diva of bitterness where my Lender is concerned, and also tried to sue a solicitor for acknowledging a debt he had written instructions to challenge (forget trying to go that route, they close ranks and will not help you). Eleven years of fighting them has left me broke and wondering why I wasted my time. All that said I would not just give up, we have rights and these Lenders have to be held accountable for what they are doing to repossessees. The notion that we deserve what we get is pervasive in the Lender's circles, and all the bad publicity we can create by standing up for ourselves can only be a good thing. I wish you luck.

-- Too scared to say (, October 15, 2002.

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