Success at Trial for Craig Leigh in Consumer Credit Claim 

Craig Leigh was successful in representing a couple at trial who were bringing a claim against their mortgage lender arising out of payment of commission by their lender to the broker that was acting for them during the process of securing their mortgage.

The claimants engaged the service of a broker to source them a mortgage and in doing so had agreed to pay the broker a fee of £1000.00 to provide them with advice and find a loan suited to their needs.

The broker advised the claimants to enter into an agreement with the lender and in doing so the broker was paid a commission by the lender.

The claimant had been told that a commission would be paid, but crucially, they had not been told of the amount of the commission and so alleged that they had been deprived of information that was relevant  to them when assessing their brokers ability to provide unbiased advice concerning them entering into the agreement. The lender denied liability in its entirety and took the matter all the way to trial.

Following a final hearing before a circuit judge, judgment was entered in favour of the claimants. In addition, the lender was ordered to pay the claimant 85% of their costs to be assessed, if not agreed. This was despite the lender filiing written submissions seeking re- allocation of the case to the small claims track and an order that each party bear their own costs. 

With careful preparation and persistence from Craig and his experienced solicitors, the claimants got the result they deserved.