FAQs

Why use Financial Expert Witness?

We have formed a unique concept and implemented our skills in order to assist solicitors and legal professionals, to establish if their clients mortgage was submitted and completed fairly and professionally. All cases referred to will be dealt with promptly and confidentially and professionally.

Can we audit mortgage applications pre-FSA?

Yes, we will consider MCCB mortgage contracts (Mortgage Code Compliance Board 1996-2004) was a voluntary code/club. The regulation was strict and disciplined, professional advisors and lenders had regulatory principles and procedures to adhere to in order to become a member. (Leaflet available on request). Note there is time barring issues with these type of cases in any complaints process.

What if the broker has gone out of business?

If the lender, mortgage advisor, broker has ceased trading or had their licence withdrawn, we will seek and apply for redress or compensation from the (FSCS) Financial Services Compensation Scheme, or any other relevant acting body preceding this department. Note this organisation is of last resort and evidence of negligence and loss will be required.

What if the broker does not reply?

If the mortgage advisor, lender or broker does not reply we will enforce or challenge their actions, either reporting and formally complaining to the Commissioner’s Office (Data Controller), the firms regulator, instruct solicitors or report breaches and the file to the Financial Ombudsman Service to enforce relevant action.

What if I do not have the broker or advisors details?

We will investigate in order to find the mortgage advisor, lender, broker or mortgage club. The Financial Conduct Authority has a web site with information and details that can be searched. Often these details can be found within information supplied by the lender when we investigate a file.

What is a complaint?

Conflict of interest (if the broker placed you in a mortgage that was unsuitable for you, possibly because it gave him a better commission).

Poor advice with regards to sub-prime lenders, lending into retirement, false self-certification applications, and general mis-selling.

Loss and shortfall of proven wrong interest rates charged.

Undisclosed commissions and high fees wherever mis-represented.

Misrepresentation (if the broker advised you incorrectly about the benefits of the product and/or failed to tell you about its failings).

Regulated breaches

Can a review be carried out on a mortgage product that I no longer valid?

We will perform product reviews on mortgages wherever possible and will require information from the lender or advisors if applicable even when you have remortgage or paid off the mortgage.

Is success guaranteed?

It is not possible to guarantee success with any kind of complaint. Our audit will reveal draft breaches or lack of compliance, we do not act as a claims manager or give advice during your process.

What are the timescales for the process?

Each case can vary in the time it takes to complete with much of this variation being related to the speed of response by the lender and can be expected to last from at least twelve months upwards depending on the complexities of the case.

What is mortgage mis-selling?

Mortgage mis-selling is not a legal term; it is a way to include all the potential breaches and/or misrepresentations by any of the parties involved in the mortgage.