BOS (Shared Appreciation Mrtg) No.2 Notice of litigation by mortgage borrowers (3570M)
21 January 2021 - 1:45AM
UK Regulatory
TIDM44KM
RNS Number : 3570M
BOS (Shared Appreciation Mrtg) No.2
20 January 2021
THIS NOTICE IS IMPORTANT AND REQUIRES THE IMMEDIATE ATTENTION OF
NOTEHOLDERS. IF NOTEHOLDERS ARE IN ANY DOUBT AS TO THE ACTION THEY
SHOULD TAKE THEY SHOULD IMMEDIATELY CONSULT THEIR OWN INDEPENDENT
PROFESSIONAL ADVISERS AUTHORISED UNDER THE FINANCIAL SERVICES AND
MARKETS ACT 2000, AS AMENDED (IF THEY ARE LOCATED IN THE UNITED
KINGDOM) OR OTHER APPROPRIATELY AUTHORISED INDEPENDENT PROFESSIONAL
ADVISERS (IF THEY ARE LOCATED OUTSIDE OF THE UNITED KINGDOM).
THIS NOTICE CONTAINS IMPORTANT INFORMATION THAT IS OF INTEREST
TO THE REGISTERED AND BENEFICIAL OWNERS OF THE NOTES. IF
APPLICABLE, ALL DEPOSITORIES, CUSTODIANS AND OTHER INTERMEDIARIES
RECEIVING THIS NOTICE ARE REQUIRED TO EXPEDITE TRANSMISSION HEREOF
TO BENEFICIAL OWNERS OF THE NOTES IN A TIMELY MANNER. IF BENEFICIAL
OWNERS OF THE NOTES ARE IN ANY DOUBT AS TO THE MATTERS REFERRED TO
IN THIS NOTICE, THEY SHOULD CONSULT THEIR STOCKBROKER, LAWYER,
ACCOUNTANT OR OTHER PROFESSIONAL ADVISER WITHOUT DELAY.
If you have recently sold or otherwise transferred your entire
holding(s) of Notes referred to below, you should immediately
forward this notice to the purchaser or transferee or to the
stockbroker, bank or other agent through whom the sale or transfer
was effected for transmission to the purchaser or transferee.
IMPORTANT NOTICE TO THE HOLDERS OF THE
GBP27,200,000 Mortgage Backed Fixed Rate Notes due 2072
GBP105,600,000 Asset Backed Floating Rate Notes due 2072 (the
"Notes")
Issued by
BOS (Shared Appreciation Mortgages) No. 1 PLC
BOS (Shared Appreciation Mortgages) No. 2 PLC as the
"Issuers"
on 20 January 2021
The Issuers refer to the trust deeds dated 25 July 1997
constituting the Notes and containing the terms and conditions
applicable thereto (as the same may be amended, amended and
restated and/or supplemented from time to time) (the Trust Deeds).
Capitalised terms used but not otherwise defined in this notice
have the same meanings and constructions ascribed to them in the
Trust Deeds (including by incorporation).
The Issuers have been formally served with litigation commenced
in the Central London County Court by Borrowers (or their
representatives) under 139 Mortgage Loans, of which 39 were
originally part of the Issuers' Mortgage Pools and 20 are
unredeemed and remain part of the Mortgage Pools. These legal
proceedings are brought as a single action by the 139 claimants and
follow pre-action correspondence with the Borrowers'
representatives which recently concluded without resolution.
In the Claim Form and Particulars of Claim each of the Borrowers
seek to challenge the terms of the Mortgage Loans which entitle the
Issuers, on redemption, to a payment based on any increase in the
value of the mortgaged property during the term of the Mortgage
Loan. The claims are brought on the basis that the terms of the
Mortgage Loans create an unfair relationship under the Consumer
Credit Act 1974. Whilst the claims will be robustly defended, if
claims in respect of any Mortgage Loans succeed, the court has the
power to make a range of orders including ordering that terms be
set aside and/or altered.
This notice and any non-contractual obligations arising out of
or in connection with it are governed by English law and the
English courts are to have exclusive jurisdiction in respect of any
disputes arising from this notice.
This announcement contains inside information in relation to the
Notes and is disclosed in accordance with the Market Abuse
Regulation (EU) 596/2014 ("MAR") as applied in the UK. For the
purposes of MAR, this announcement is made by Emma Lawrence,
Director, the Issuers.
All enquiries should be directed to:
Investor Relations
Douglas Radcliffe +44 (0) 20 7356 1571
Group Investor Relations Director
Lloyds Banking Group
Email: douglas.radcliffe@lloydsbanking.com
Corporate Affairs
Matt Smith +44 (0) 20 7356 3522
Head of Media Relations
Lloyds Banking Group
Email: matt.smith@lloydsbanking.com
BOS (Shared Appreciation Mortgages) No. 1 PLC
Registered Address: Trinity Road, Halifax, HX1 2RG
BOS (Shared Appreciation Mortgages) No. 2 PLC
Registered Address: Trinity Road, Halifax, HX1 2RG
ENDS
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END
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