Can a bank lose a property valuation report ?

His solicitor employed counsel, they think he has a good case, although I am not aware of all the facts of the case, we will have to wait and see. I will keep this site posted for updates.
 
Could you give us any indication at all what claims might be pursued by the borrower? I assume the borrower is initiating these proceedings - is that correct?
 
Yes, but I was only exploring one aspect of my friends claim, this man amazingly, after emailing the C.B.I., got an audience with them. They photocopied all his bank documentation and took note of his claims, have not heard of that before.

From memory the affidavit claims breach of contract, negligence, breach of unfair terms regulations
 
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Rebuttal said:
Breach of duty in negligence liability may be found to exist where the defendant fails to meet the standard of care required by law. Once it has been established that the defendant owed the claimant a duty of care, the claimant must also demonstrate that the defendant was in breach of duty. The test of breach of duty is generally objective, however, there may be slight variations to this.

Sarenco, would this apply in this case as the bank has lost the valuation reports and indeed did not supply my friend with a copy of the mortgage deeds to the various properties in contravention of section 123 and 130 Consumer Credit Act 1995 respectively.
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If there is included in the loan agreement a term stating that the bank must adhere to the rules and regulations of the consumer protection act 1995 and they subsequently do not, then this term is breached. If a term in a loan agreement is not adhere to (breached ), then it can be considered to be a breach of contract.
 
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Any update on this? Its really interesting case....nobody has nmentioned the Sale of Goods & Services acts 1980 to act with "due skill, care & diligence".

Also Causa sine Qua Non....a cause without the effect would not have happened
 
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