Negative equity – are the banks responsible?

Negative equity – are the banks responsible?

9:04 AM, 12th December 2018, About 5 years ago 55

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A few of my houses are coming to their end of term and the lenders want their money back.

They knew my exit strategy was refinance or sale, but now they don’t seem to recognise any responsibility for the negative equity.

When the banking crisis occurred it followed naturally that house prices dropped dramatically as lenders either folded (albeit bailed out by the government) or sold their book to others. (Not necessarily even lenders).

The banking crisis was caused by reckless lending and the banks ran out of money and were unable to continue their business. The bankers have apologised unreservedly for their error of judgement. Great! But now when some areas are still struggling with negative equity they should (in my opinion) extend the mortgage for a lifetime. Or if they want to recoup their capital reduce the amount owing to an amount that would enable refinancing.

The FCA do not regulate buy to let mortgages, however, the mortgage is a contract. In contract “every contract has an implied contract term that the lender will perform the contract with care and skill”. Surely lending recklessly and being unable to sustain your business, which then has the knock on effect of destroying the value of my investment, is lacking in the performance of care and skill?

There is so much more I can add to this argument but would like to hear a reasonable response that says I’m wrong. I just cannot see it any other way.

But would appreciate your comments.

Gwen


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Comments

Gwen Davies

17:37 PM, 12th December 2018, About 5 years ago

Reply to the comment left by Binkie at 12/12/2018 - 11:13
Binkie it’s to do with the “contemplation “ at the beginning of the contract. It was always an interest only mortgage not repayment. I’m saying the lenders have an implied contract term to perform the contract with care and skill. This is a tort in law. When they were complicit in the banking crisis it was due to lack of care and skill. So they failed the contract. Surely they must treat me fairly in these special circumstances?

Gwen Davies

17:44 PM, 12th December 2018, About 5 years ago

Reply to the comment left by Seething Landlord at 12/12/2018 - 11:49
Hi seething landlord the lenders did not complete their side of the contract by lending. The law states in the cca section 49 “it is an implied contract term in EVERY contract that the lender will perform the contract with care and skill”. By having to close their business they showed lack of care and skill. Ian suggested this is in their paperwork. But this is not what the law says. It says care and skill. So they have not completed their side of the contract

Seething Landlord

18:06 PM, 12th December 2018, About 5 years ago

Reply to the comment left by Gwen Davies at 12/12/2018 - 17:44Gwen, you either have not read or have failed to understand my previous comment which included the actual wording of the Consumer Protection Act. It does not help you, you are NOT a consumer within the meaning of the Act and in any case the section (49) you have misquoted applies to contracts for the supply of services, which does not include mortgages. Sorry, but you really need to listen and take on board the advice you have been given to seek professional advice before you end up in an even deeper hole.

Gwen Davies

18:25 PM, 12th December 2018, About 5 years ago

Reply to the comment left by Seething Landlord at 12/12/2018 - 18:06
Thanks seething landlord. I know what you mean but I am an investor. I need to find this implied contract term in business contracts because it is there. However it says EVERY contract not just those covered by cca.

Gwen Davies

18:48 PM, 12th December 2018, About 5 years ago

Reply to the comment left by Kevyn Jones at 12/12/2018 - 13:31
Thank you Kevyn I see what you mean but I’m not saying it was my particular contract but all the contracts.
The reason property prices haven’t risen sufficiently in our area is directly linked to the banking crisis. The government brought in austerity measures to try and compensate for the deficit and so wages were frozen. In some cases smaller companies asked staff to take cuts in wages etc. It’s been tough for people living in working class areas. I just wish the Banks would work with me to find an agreeable solution as they’ve been asked to do by the Council of Mortgage Lenders. Oh well life’s just not fair. Sad for me but devastating for my tenants . They will lose their homes and rentals here are at a premium . Awful sad sad

AA

18:49 PM, 12th December 2018, About 5 years ago

Gwen - ask the banks where they got their money from. They lent you money, to lend money or anything for that matter, you need to possess it, and be allowed to give it away (for what ever reason) or have custody of it with accompanying permissions. If neither of these conditions exist and the bank cannot prove it, then the offer of "loan" is not technically valid. Get them to show you evidence from which account (the saver) they took the money from to give to you. If they can't - there was no loan. There was some Irish case like this which disappeared off the radar.

Seething Landlord

18:51 PM, 12th December 2018, About 5 years ago

Reply to the comment left by Gwen Davies at 12/12/2018 - 18:25
I should have referred to the Consumer Rights Act (not "Protection"). I have not been able to find a Consumer Credit Act 2015, does it exist? If as I assumed, you are referring to S49 of the Consumer Rights Act, you need to read it in conjunction with S48, which defines the types of contract to which the whole chapter, including S49, applies - the words "every contract" in S49 cannot be taken out of context, they mean "every contract to which this part of the Act applies". I note that your quote mentions "lender" rather than "trader" and if there is some legal provision with that wording I'd be interested to know, if not, what is the source of your quote?

Seething Landlord

18:57 PM, 12th December 2018, About 5 years ago

Reply to the comment left by AA at 12/12/2018 - 18:49
That reminds me of Tony Hancock going to the bank and demanding that they produce his £1 note which he had marked with his initials before entrusting it to their care.

Gwen Davies

19:42 PM, 12th December 2018, About 5 years ago

Reply to the comment left by AA at 12/12/2018 - 18:49
Hi AA
I did read about this case but the judge (if it’s the same case) said the lender may have created the money out of thin air but he borrowed that same money. Although the judge did say he could see an argument where the borrower could win. I thought my argument could be the winner but no one on this site seems to agree.

AA

19:53 PM, 12th December 2018, About 5 years ago

Reply to the comment left by Seething Landlord at 12/12/2018 - 18:57
Tony Hancock was a genius and I don't see what's wrong with his request.

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