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Mortgage industry could face massive class action

7 minute read
The Adviser

A massive class action lawsuit is being planned on behalf of “Australian bank customers that have entered into mortgage finance agreements with banks since 2012”.

Law firm Chamberlains has been appointed to act in the planned class action lawsuit, which has been instructed by Roger Donald Brown of MortgageDeception.com in the action that aims to represent various Australian bank customers that are “incurring financial losses as a result of entering into mortgage loan contracts with banks since 2012”.

The law firm is currently calling on bank customers to join the class action, led by Stipe Vuleta, if they have “incurred financial losses due to irresponsible lending practices”.

The MortgageDeception site reads: “Those who have entered into loans with banks to purchase residential properties since 2011 are about to encounter difficulties. Since 1995, banks in the United Kingdom, Ireland, Australia and New Zealand have been making massive and obscene profits from providing finance to property purchasers. These banks have cared little about the lending practices adopted by them, and reckless lending has brought about huge and unsustainable increases in property prices.

 
 

“These lending practices are now leading to problems for both intending buyers and existing owners of property.

“We believe that the banking industry and its regulators have intentionally turned a blind eye to the irresponsible lending that has been taking place.”

It continues: “For Australian bank customers that have entered into mortgage finance agreements with banks since 2012, we have appointed the leading Canberra-based law firm of Chamberlains, www.chamberlains.com.au, to act in the planned class action lawsuit. The partner in charge is Mr Stipe Vuleta.”

The Adviser has contacted Chamberlains for comment but has not yet received a response.

The news of the class action comes as the third round of hearings for the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry continues.

The third round of hearings is looking at loans to small and medium-sized enterprises, with a particular lens on responsible lending and unfair contract terms.

The commission is expected to release an interim report on its findings by 30 September.

Several class actions against major lenders have already been initiated following some of the revelations from the royal commission, including four separate class actions against AMP on the grounds that the company breached its obligations to customers and engaged in “misleading and deceptive representations to the market”.

The legal action was announced after senior AMP executives appeared before the royal commission as witnesses. Some of the executives admitted to a number of potential crimes and suggested that these were repeatedly mischaracterised to the Australian Securities and Investments Commission (ASIC) and to its customers as being “administrative errors”.

These included providing false and misleading statements to the regulator and charging customers for services that were not provided.

The ASX-listed lender, which recently announced the immediate resignation of its CEO and apologised “unreservedly for the misconduct and failures in regulatory disclosures”, has lost more than $1 billion in shareholder value since March and could potentially face criminal charges.

More to come.

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Comments (29)

  • This guy is a joke, where is the evidence. he is just a snake oil sale man.
    0
  • The issue with these crack pots is that they have sold all their properties most likely and want the market to crash so they can buy back in and blame the banks. All this person is going to do is reduce competition, put smaller operators out of business and we are back to 1984.
    0
  • All my life I've thought Fool's Day was April the 1st!!
    4
  • Edward the Broker Tuesday, 29 May 2018
    "I am affected by a bald patch" can I join a class action against the banks?

    Take a 1950's look in the mirror and toughen the hell up and while you are at it take some responsibility for your own actions. Then maybe you will walk like a man and not slither like a snake.

    Here is an extract from the AFR re Royal Commisioner Kenneth Hayne:

    But it is fair to say Hayne has generally taken a "black-letter" approach to commercial contracts: "leaving aside the imposition of norms of conduct by the consumer law, the general thesis in Australian commercial transactions is each party looks after itself", he said in a 2012 case rejecting that NAB had acted unconscionably against a bank customer.

    "You asked for the loan, you got the loan, you gave the mortgage, you have not paid the money back," he said. "You do not need to persuade me that there are real, live personal issues profoundly affecting you, your wife, your children. I understand that. I have got to bring you back, though, to the law," he said in the NAB case.

    In other words you borrowed the money, you knew what you were doing, now pay it back.
    3
  • What a joke. If the banks don't lend it's discrimination, if they do AND PEOPLE KNOW WHAT THEIR REPAYMENTS ARE and they default it's the banks fault - what ever happened to taking responsibility for your own actions. The best start would be stopping all the ambulance chasers, grow up and stop being a Nanny State
    5
  • Seriously a press release and $2 website do not make a class action. At best this is a fishing trip and I think there may have been some bites from this site alone.
    2
  • Clowns
    2
  • Good luck finding someone in Sydney who borrowed to buy property since 2012 and lost money! ... morons.
    3
  • The list of institutions that people distrust most is probably goes in this order; Politicians, Banks, Lawyers. While I think the RC was needed say what you will about the banks but those "obscene profits" they make they do actually declare and pay tax on. Can't say that for companies like Qantas and they are not receiving billions in subsidies like the mining companies
    2
  • WOW...only in Australia!!! People know how much they get in their pocket and what they have to pay and if you can't pay your bills then sell your property and rent.... its not that hard...
    2
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