| Call 2005
Profile: Consumer Credit
Experience and Expertise
Wendy has considerable experience of mortgage related litigation. She has acted for lenders, borrowers and third parties in a number of claims. She is particularly experienced in dealing with vexatious litigants and the procedural aspects of mortgage litigation. She also acts for mortgagees of long residential leases in forfeiture proceedings.
Wendy has appeared in the High Court, the County Courts and before the Adjudicator to Her Majesty’s Land Registry in relation to mortgage matters.
In addition Wendy has experience of both secured and unsecured loans under the Consumer Credit Act 1974. She has acted for both borrower and lender in a number of cases.
Cases and Work of Note
- Kensington Mortgage Company Ltd v Nicholas Dynes Gracey and Anor  EWHC 103 (Ch) – Multiple applications in relation to mortgagors subject to a Limited Civil Restraint Order. Wendy appeared at hearings before Hickinbottom J in Chester and Cardiff and before Morgan J in a related third party application;
- Kensington Mortgage Company Ltd v Saddique (HHJ Barrie, Nottingham County Court, 17/8/11-19/8/11) Trial of a mortgage possession claim together with a counterclaim against the lender for alleged defects in relation to the execution of a previous possession order and the treatment of chattels. Wendy acted for the successful Claimant lender, obtained possession and secured dismissal of the counterclaim;
- advising a mortgagee as to whether it could claim in negligence against its former solicitors where a consent to lease was granted with an alienation clause drafted such that the mortgagee did not have to approve any assignment. The lease was subsequently assigned without the mortgagee’s consent with adverse consequences;
- acting for a mortgagee before the Land Registry Adjudicator where a charge had been removed as a consequence of a fraudulently executed DS1.