If a commission was paid to a broker by the lender and you weren’t told about this payment, then the commission could have been secret. The only test the court need apply is whether or not the payee was under a duty to provide information, advice or recommendation on an impartial or disinterested basis. If a commission was truly secret, then you are entitled to claim the commission back plus interest.
However, whether the commission was secret is a matter of fact and degree.
A commission can be “half-secret” which describes instances where the borrower knows or should know that there will likely be a fee paid. For example, if you received advice/information from a broker (even if they were only acting as agent for the lender) but you didn’t pay them for this advice, then this could be a half secret commission. If it is half secret, then your claim may be out of time because you only have 6 years from the date the loan was entered into to bring claims in these circumstances.
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We are a consumer litigation practice with substantial experience of dealing with contested litigation, including mis-selling and undisclosed commissions. We are a panel member of Recovery First.We have been involved in a number of these type of projects with Recovery First. In some cases, firms have undergone a managed closure of a part or whole of their practice. In those cases the transition for clients is smooth as they are well informed and an introduction to the new firm takes place over a period of time, allowing clients to adjust to the idea that their firm is no longer able to act for them.
In other circumstances, such as insolvency, there can be a feeling of disruption and abandonment.
Do not worry, your file will be protected and it will be reviewed over the course of the next 12 weeks. You will be kept informed during this review process by email.
This is an essential first step and at the end of this process you will be provided with advice about how your claim can proceed. You will find links on the case specific pages on Mortgage Mis-selling, Mortgage Mis-calculations, Undisclosed commissions and Data Breach which will enable you to make an enquiry if you wish.
Clear Law is a litigation practice, acting mainly for individuals across a wide range of disciplines. We have had substantial success in areas of financial mis-selling in particular involving secret commissions successfully acting for more than 6,000 clients (both individual and commercial) in our sister company Clear Commercial. The most successful group action saw a return of £21m.
A "diligent and effective" solicitor in Commercial and Banking litigation.
Darren has 15 years’ experience in the following specific areas of litigation:
He has successfully pursued a Group Action and established a compensation scheme with a lender. In excess of 6,000 cases were pursued through the scheme and in excess of £21m was recovered. Darren has also successfully pursued and is pursuing several other Group Actions against lenders arising from allegations of fraud, a breach of fiduciary duty and a breach of the “unfair relationship” provisions of the Consumer Credit Act.
Darren has executed and supervised search orders arising out of claims involved intellectual property breaches. He has also been interviewed on Setanta Sports providing expert legal comment on a high profile football injury involving Iain Hume and Chris Morgan in a Championship game. He has written numerous articles and provided commentary on insurance and EU law issues related to the world of sport.
Darren is a member of the Commercial Litigation Association and the Annecto Group and has been recommended in the Legal 500 as 'diligent and effective'.
Matthew is Managing Partner of the firm.
Since being admitted as a solicitor in 2002, Matthew has gained vast experience is a range of civil litigation resulting in him taking the decision to start his own firm in 2004. From the beginning he has been integral in overseeing the growth and success of the firm in both the consumer and commercial departments.
Andrew manages the Legal department, contributing to the overall growth and development of the practice, whilst maintaining Clear Law's ethical client and staff focussed approach.
Putting people first is one of Clear Law's core values. This means working to obtain plain English approval, being committed to quality, reassuring our clients when they need help, being accessible and client focussed, training and developing our staff, maintaining our Lexcel, IIP, Apil and Law Society accreditations, and becoming ever more environmentally and corporately responsible.