stephen trelfas

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Thursday 10th October 2013

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stephen trelfas

22:53 PM, 9th October 2013
About 7 years ago

Contra proferentem mortgage conditions

Reply to the comment left by "Gary Nock" at "09/10/2013 - 20:34":

Interesting reading and i fully agree with the specific approach.

As an interpretation "contra proferentum" from my insurance exams is "any ambiguity is construed against the drafter" so the onus is therefore on WB to prove there is complete clarity of their tracker related wording and the wider mortgage wording too.

In its most simplistic terms the layman would presumably interpret the word tracker as a following on of (in this case) where the base rate leads us.

WB letter of Sept refers to "duty to manage the business prudently in all market conditions" .This may be the case but it does not in my opinion give them grounds to unravel the essence and interpretation of the tracker deal

The multiple landlord targettting is completely irrelevent.... Read More