by Saqib Khan | Jan 18, 2024 | General, People
Martin Lewis, the renowned founder of MoneySavingExpert.com, has highlighted a groundbreaking announcement from the Financial Conduct Authority (FCA) that has seemingly gone unnoticed. This revelation has the potential to result in substantial payouts for individuals who acquired a car or van through motor finance before 2021.
In a recent tweet, Lewis emphasized the magnitude of this development, drawing parallels to the scale of Payment Protection Insurance (PPI) claims, which amounted to £40 billion. The FCA’s move is in response to emerging evidence from two significant ombudsman cases, indicating that companies may be wrongly rejecting complaints related to commissions in pre-2021 motor finance transactions. Consequently, the FCA is undertaking a comprehensive review of complaint handling procedures.
Lewis speculates that upon completion of the investigation, the FCA may establish either a redress scheme, requiring all firms to compensate affected customers, or redress rules that dictate payouts based on a predefined formula for those who file complaints. Potential compensations could encompass interest on loans, commission amounts, or even the entire loan, potentially resulting in thousands of pounds returned to many individuals.
The significance of promptly filing complaints becomes evident, especially if the FCA opts for a redress scheme with a potential cutoff date. While the freeze on complaint handling is currently in place, Lewis suggests that initiating a complaint now can serve as a marker for individuals who believe they have been mis-sold motor finance.
Your Motor Finance Payout Questions Answered: Insights from Martin Lewis
Martin Lewis has provided preliminary information to keep individuals informed about the ongoing situation. His team is diligently working on an in-depth guide to answer all questions related to motor finance compensation. This guide will be available in a few weeks.
Q: What complaints will the investigation cover?
A: The FCA’s investigation will focus on complaints where individuals purchased a car using car finance before 28 January 2021, with the finance being a personal contract purchase (PCP) or a hire purchase (HP) agreement featuring a ‘discretionary commission arrangement.’
Q: Which claims won’t the investigation cover?
A: The investigation will not cover complaints related to car finance transactions made on or after 28 January 2021, car leasing agreements, or claims unrelated to commission.
Q: How much could I get if a redress scheme goes ahead?
A: The FCA has not disclosed specific compensation amounts yet, emphasizing an orderly and efficient settlement process for those owed compensation.
Q: Should I file a complaint now or wait if I think I’m affected?
A: Lewis advises filing complaints as soon as possible, considering potential cutoffs. However, the FCA has temporarily paused firms from responding to complaints received after 17 November 2023 until 25 September 2024.
Q: What if the firm I want to complain to has gone bust?
A: Complaints can be directed to the administrator or liquidator in case of a firm’s insolvency, with details available on the FCA’s Financial Services Register.
Q: What happens if my complaint hasn’t received a response yet?
A: Complaints received after 17 November 2023 won’t be addressed until after 25 September 2024. Individuals with prior complaints can follow the regular process or escalate to the Financial Ombudsman Service (FOS) if unsatisfied.
Q: Can I resubmit a rejected claim based on the FCA’s investigation?
A: The possibility depends on the stage of the complaints process, with options available for reconsideration at certain stages.
Q: Should I contact Khan Mather now if I think I have a claim?
A: Yes please contact us today and we can collate all the information in readiness to submit a claim on your behalf.
by Saqib Khan | Jan 9, 2024 | General, Personal injury
In recent times, the issue of property disrepair has become a significant concern for many property owners. Often, property owners find themselves facing a myriad of issues such as structural defects, inadequate maintenance, and poor construction standards. In these situations, the question arises: who is responsible for rectifying these problems?
At Khan Mather, we have witnessed a surge in cases where property owners seek legal recourse against developers for the disrepair of their properties. The legal landscape surrounding property disrepair cases can be complex, requiring a deep understanding of property law and construction regulations. Here, we delve into the nuances of these cases and shed light on the options available to affected property owners.
The Developer’s Responsibility
Property developers have a legal and moral obligation to ensure that the properties they build meet certain standards of construction and maintenance. When a property suffers from disrepair due to structural defects or poor workmanship, it can significantly affect the value and livability of the property. In such instances, property owners have the right to hold developers accountable for the damages incurred.
Legal Recourse for Property Owners
Property owners facing issues of disrepair often feel overwhelmed and uncertain about their options. However, the law provides avenues for seeking redress. One of the primary legal routes available to affected property owners is to pursue a claim against the developer for breach of contract or negligence.
Breach of Contract:
Property developers enter into contracts with property buyers, promising a certain standard of construction and maintenance. When a property fails to meet these agreed-upon standards due to disrepair, it constitutes a breach of contract. Property owners can seek legal remedies to hold the developer accountable for not fulfilling their contractual obligations.
Negligence:
In cases where a developer’s actions or inactions have directly caused the property disrepair, property owners can pursue legal action on the grounds of negligence. This involves demonstrating that the developer failed to exercise reasonable care in constructing or maintaining the property, leading to the damages suffered by the property owner.
The Role of Legal Experts
Navigating property disrepair cases requires a comprehensive understanding of both property law and the intricacies of construction standards. Legal experts play a crucial role in representing the interests of property owners. We assess the extent of disrepair, gather evidence, engage with relevant experts (such as surveyors and engineers), and advocate on behalf of our clients to secure fair compensation or rectification of the property issues.
Conclusion
Property disrepair cases involving developers necessitate a strategic and well-informed approach. Property owners facing such challenges should not hesitate to contact us to protect their rights and secure remedies for the damages incurred. At Khan Mather, we are committed to assisting property owners in navigating the complexities of these cases and advocating for their best interests in seeking justice and fair compensation.
If you are facing property disrepair issues or seeking legal advice regarding developer liability, do not hesitate to contact us. Our experienced legal team is dedicated to providing effective solutions and representation tailored to your specific situation.
by Saqib Khan | Dec 21, 2023 | Debt recovery, General
In an ever-evolving digital landscape, it’s crucial to stay informed and vigilant to protect your assets and investments. One concerning trend we’ve observed is the rise of Authorised Push Payment (APP) fraud. This sophisticated form of financial fraud has the potential to cause significant harm to individuals and businesses alike. As your trusted legal partner, we feel it is our responsibility to provide you with valuable insights and guidance to help you safeguard your financial interests.
Understanding Authorised Push Payment Fraud
Authorised Push Payment fraud, often referred to as APP fraud, is a type of financial scam where the victim is tricked into making a payment to a fraudster. Unlike traditional bank fraud, where unauthorized transactions are the issue, in APP fraud, the victim willingly initiates a transfer, believing they are sending money to a legitimate recipient. These frauds can take many forms, including invoice fraud, romance scams, and impersonation scams.
The Consequences of APP Fraud
The consequences of falling victim to APP fraud can be devastating. Victims not only lose their hard-earned money but also often suffer from emotional distress and reputational damage. While banks and financial institutions have made significant strides in providing compensation to victims, the process can be lengthy and frustrating. That’s where proactive prevention comes into play.
Preventing APP Fraud
Here are some key steps you can take to protect yourself and your assets from falling prey to APP fraud:
- Verify Recipient Details: Always double-check the recipient’s details, such as account numbers and sort codes, before making a payment. Scammers may use slight variations in these details to divert funds.
- Be Wary of Unsolicited Contact: Be cautious when receiving unexpected calls, emails, or messages from unknown sources, especially if they request payments or personal information.
- Secure Your Personal Information: Protect your personal and financial information diligently. Never share sensitive details like PINs, passwords, or security codes with anyone.
- Stay Informed: Keep up with the latest fraud trends and scams. Awareness is your first line of defence.
- Implement Multi-Factor Authentication (MFA): Whenever possible, enable MFA for your online banking and financial accounts. This adds an extra layer of security to protect your funds.
- Report Suspicious Activity: If you suspect you’ve encountered a fraudulent situation, report it to your bank and law enforcement immediately.
Legal Protections
It’s essential to understand your rights and the legal framework in place to help victims of APP fraud. The UK’s Contingent Reimbursement Model (CRM) Code sets out the rules and standards that banks must adhere to when determining whether to reimburse victims of APP fraud. This code offers some degree of protection, and your law firm is here to assist you in navigating the complexities of the legal system should you become a victim of APP fraud.
In Conclusion
In the digital age, the threat of Authorised Push Payment fraud is a reality we all must face. However, with the right knowledge and safeguards in place, you can reduce your vulnerability to this type of fraud. Your law firm is here to support and guide you through any legal matters that may arise from such incidents. Remember that vigilance and awareness are your most potent allies in the fight against APP fraud.
If you have any questions or concerns about APP fraud or any other legal matter, please don’t hesitate to contact Helen Penney on 0161 850 9911. Your financial security is our priority, and we are here to help you protect your interests.
Stay safe, stay vigilant, and stay informed!
by Saqib Khan | Dec 20, 2023 | Conveyancing, General, Landlord and Tenant Law
Introduction
We want to discuss two crucial pieces of legislation that will have a significant impact on the UK property market: the Leasehold Reform (Ground Rent) Act and the Renters Reform Bill. These bills are aimed at promoting fairness, transparency, and protection for both leaseholders and renters. As your trusted legal partner, we are here to guide you through the key provisions and what they mean for you.
The Leasehold Reform (Ground Rent) Act
Leasehold reform has been a hot topic in the UK property market, and the Leasehold Reform (Ground Rent) Act marks a substantial step forward in protecting the rights of leaseholders. Here are the key highlights:
- Abolishing Ground Rent: The act seeks to eliminate ground rent on new residential long leases (usually leases with terms exceeding 21 years). Ground rent has been a source of contention for many leaseholders, often leading to unexpected costs and disputes. The act will effectively ban ground rent on these leases, providing relief for future homeowners.
- Lease Extensions: For leaseholders, the ability to extend their lease has become more accessible and affordable. The act allows leaseholders to extend their lease for up to 990 years with zero ground rent. This provision empowers leaseholders to gain control and security over their homes.
- Enfranchisement: The act also simplifies the process of collective enfranchisement, enabling leaseholders in a building to collectively buy the freehold and gain more control over the management and maintenance of their property. This offers an opportunity to reduce service charges and enhance property value.
The Renters Reform Bill
The Renters Reform Bill is equally significant, focusing on the rights and security of tenants. Here’s what you need to know:
- Abolishing Section 21 Evictions: The bill seeks to end ‘no-fault’ evictions by abolishing Section 21 notices. This change will provide tenants with greater security and discourage landlords from evicting tenants without good reason.
- Lifetime Deposits: The bill proposes the introduction of a lifetime deposit scheme, allowing tenants to carry their deposit from one tenancy to another. This eliminates the need for tenants to save for a new deposit every time they move, reducing financial burdens.
- Rental Repairs: The bill will introduce new measures to ensure that rental properties meet minimum safety and repair standards. This will give tenants peace of mind, knowing that their homes are safe and well-maintained.
- Rent Control: While not yet finalized, the Renters Reform Bill may also include provisions for rent control, aimed at preventing excessive rent increases and making housing more affordable for tenants.
How We Can Help
As your dedicated law firm, we are well-prepared to assist you in navigating these legislative changes. Whether you’re a leaseholder looking to extend your lease, a tenant facing rental issues, or a landlord adapting to new regulations, our experienced legal team is here to support you.
For leaseholders, we can help you understand your rights under the Leasehold Reform (Ground Rent) Act and assist you in lease extensions and collective enfranchisement.
For landlords, we can provide guidance on compliance with the Renters Reform Bill, including tenancy agreements and property management.
For tenants, we can advise you on your rights and options under the Renters Reform Bill, ensuring you have a safe and secure place to call home.
Conclusion
The Leasehold Reform (Ground Rent) Act and the Renters Reform Bill represent significant steps towards a more balanced and fair property market in the UK. As your trusted legal partner, we are here to help you understand and navigate these changes, ensuring you benefit from the protection and opportunities they provide.
If you have any questions or concerns about these bills or how they may affect your specific situation, please do not hesitate to reach out to our Property Team on 0161 850 9911. Our dedicated team is here to support you every step of the way.
by Saqib Khan | Dec 15, 2023 | General, Powers of Attorney, Wills
Recently, there have been notable changes regarding Lasting Powers of Attorney (LPAs) that we believe are essential for you to understand.
LPAs are powerful legal instruments that allow individuals to appoint trusted individuals (attorneys) to make decisions on their behalf, especially if they were to lose mental capacity in the future. These documents provide peace of mind and ensure that your wishes are respected during challenging times.
Here’s a breakdown of the significant changes:
- Digitalisation and Accessibility: The process of creating and registering LPAs has become more accessible and efficient through digital channels. This enables individuals to complete and manage their LPAs online, streamlining the administrative process and reducing paperwork.
- Improvements in Safeguards: To enhance protection against abuse or misuse of LPAs, there have been improvements in the safeguards. This includes a requirement for a clearer explanation of an individual’s rights and the attorney’s responsibilities when acting under an LPA.
- Changes in Forms and Regulations: The forms used to create LPAs have been updated to better reflect current practices and regulations. These changes ensure that the documents accurately represent the wishes of the person creating the LPA and comply with legal requirements.
- Greater Flexibility: The revised LPAs offer more flexibility in the choice of attorneys and the instructions provided to them. This allows individuals to tailor their LPAs more precisely to their unique circumstances and preferences.
- Transition Period: For those who have already created an LPA before the changes, rest assured that your existing document remains valid. However, the new regulations might affect any future changes or amendments you wish to make.
At KhanMather, we’re dedicated to guiding you through these changes and ensuring that your legal affairs align with your intentions and needs. Whether you’re considering creating an LPA for the first time, updating an existing one, or seeking clarification about these alterations, our experienced legal team is here to support you every step of the way.
It’s important to recognise that while these changes aim to improve the efficiency and effectiveness of LPAs, understanding their implications might seem overwhelming. Hence, our team is available to address any questions or concerns you may have.
We encourage you to reach out to us for personalized guidance and to discuss how these changes specifically affect your circumstances. Your peace of mind and the safeguarding of your interests remain our utmost priority.
Thank you for entrusting us with your legal needs. We look forward to continuing to serve you with excellence and dedication.
Remember, it’s always advisable to seek personalised legal advice tailored to your specific situation when dealing with legal documents like LPAs.
Please call us on 0161 850 9911 where one of our Private Client Solicitors will be able to assist.
by Saqib Khan | Dec 12, 2023 | Employment law, General, Personal injury
Introduction
In an ever-evolving legal landscape, adapting to societal changes is paramount for the justice system to remain just and inclusive. The Civil Procedure Rules (CPR) in the United Kingdom have taken a significant step towards achieving this goal by embracing gender-neutral language. This change is a reflection of the legal community’s commitment to creating a more equitable and inclusive environment for all. In this blog post, we will explore the significance of the extension of gender-neutral language to the CPR and its implications.
The Evolution of Gender-Neutral Language
Gender-neutral language, or gender-inclusive language, is a linguistic shift that aims to remove gender bias from written and spoken communication. It acknowledges that language can shape our perceptions and attitudes, and as such, it plays a crucial role in promoting equality. In the legal context, the use of gender-neutral language is a progressive step towards fostering a more inclusive and accessible justice system.
Historically, legal documents, including the CPR, have been riddled with gender-specific language. Terms like “he” and “him” were often used as generic pronouns, inadvertently excluding individuals who do not identify as male. This practice has perpetuated a perception of the legal system as inherently patriarchal. However, times have changed, and the legal profession is adapting to ensure that justice is not only blind but also free from gender bias.
The Extension of Gender-Neutral Language to the CPR
The extension of gender-neutral language to the CPR represents a significant and progressive change in the legal landscape. The CPR sets out the rules and procedures for civil litigation in England and Wales, and as such, it is a foundational document for lawyers, judges, and litigants. By adopting gender-neutral language, the CPR acknowledges the diverse identities and experiences of individuals involved in the legal system.
Key Changes in the CPR
- Pronoun Usage: The most noticeable change is the replacement of gender-specific pronouns like “he” and “him” with gender-neutral alternatives such as “they” and “them.” This simple linguistic shift is a symbolic gesture that emphasizes inclusivity within the legal community.
- Titles and Designations: The CPR also revises various titles and designations, removing gender-specific honorifics like “Mr.” or “Mrs.” and replacing them with gender-neutral alternatives such as “Mx.” or omitting titles altogether. This change recognizes that a person’s gender identity should not affect their legal rights and responsibilities.
- Party Names: The CPR now allows parties to be identified by non-gendered terms or initials, ensuring that legal proceedings do not inadvertently reinforce gender stereotypes.
The Implications
The extension of gender-neutral language to the CPR has several important implications for the legal community and society at large:
- Inclusivity: Gender-neutral language promotes inclusivity by acknowledging and respecting the diverse gender identities of individuals involved in legal proceedings.
- Eliminating Gender Bias: By removing gender-specific language, the CPR takes a vital step in eliminating unconscious gender bias from the legal system.
- Symbolic Change: The adoption of gender-neutral language in the CPR sends a clear message that the legal profession is committed to adapting to societal changes and promoting equity.
- Reflecting the Times: As language evolves, the legal profession must evolve with it. This change in the CPR reflects the changing norms and values of society.
Conclusion
The extension of gender-neutral language to the CPR is a positive and progressive step towards a more inclusive and equitable legal system in the United Kingdom. By removing gender-specific language and recognizing the diverse identities of those involved in legal proceedings, the legal profession reaffirms its commitment to justice for all. This linguistic shift is not just a matter of words; it’s a testament to the evolving and inclusive nature of the legal community, where equality under the law is a fundamental principle.
