Stenio Aladim secures relief from sanctions

Recently, Stenio was successful in obtaining relief from sanctions caused by a simple, yet fatal, administrative error. 

Stenio was instructed on behalf of the Claimants who had issued proceedings against their mortgagee for the payment of an undisclosed commission of £1,700 to their broker to whom they had previously paid a considerable fee of £2,500. In doing so, they expected the broker to act in their best interest when recommending a financial product amongst the many options available on the market from different lenders. It was alleged by the Claimants that the mortgagee’s undisclosed commission was, in essence, a bribe and prevented the broker from being able to give them unbiased advice. In addition to relief sought under section 140B of the Consumer Credit Act 1974 the Claimants were also seeking an order rescinding the contract.

The Claimants had changed legal representatives during the course of proceedings and when doing so their new representatives had notified the court of the change by filing the relevant court form. Two orders relating to the filing of Directions Questionnaires were sent to the incorrect recipient meaning the orders were not followed leading to the claim being prematurely struck out. 

Stenio was able to provide the District Judge conducting the hearing with the chronology of events that led to the claim being struck out. After taking the Judge through the emails that proved that the Claimant’s newly appointed solicitors had actively tried to gain access to orders related to this claim, the mitigating circumstances, and the lack of prejudice to the Defendant, the claim was reinstated meaning the Claimants will have the opportunity to progress their case and, if necessary, attend a trial and have their case heard by a Judge.