Hi Heather,
It makes no sense for a client to engage with their lawyer who has defrauded them. The fact that Pexa is able to verify that the affected party yet not be willing to share relevant information which can assist with the resolution of the matter is very concerning within itself.
Parties like buyers, vendors and private lenders should not only be relying on their lawyers or conveyancers to act ethical but also need protection from the platform these professionals are using to prevent lawyers and conveyancers from acting unethically. How is it expected that these consumers who are made to use your system through these professionals to have confidence in their transaction if the platform can't even provide assurance to these consumers?
Pexa holds relevant information about these parties and although in most cases they will not participants in the settlement transaction (given the rules in place to access your platform) this should not mean that the relevant information that has affected them should not be provided. It is not the case where the consumer is wanting to take Pexa to court for their actions but simply requesting information that has impacted them in this case the removal of their mortgage interest without the party's knowledge. I can not see how this is an issue given that Pexa has verified them as a party to the transaction.
The comments you make relating to Pexa relying on the representatives of these clients to act ethically and honestly and disregarding the consumer's interest is a major concern. This said unless Pexa is covering up an unethical activity they have committed then it should be the duty of care from Pexa to the consumer to ensure transparency and protective measures are in place. After all, it is not the lawyer or the conveyancer that is putting their money or property on the line is generally the buyers, vendors and/or private lenders who do, so why not disclose such information to a verified party without having them go through the court system to obtain such information?
Where in Pexa's policy does it make mention of this or what laws stop Pexa from disclosing such information to a verified party?
At this point, Pexa has proven to lack transparency, protection and integrity to these consumers and I believe the matter should be brought to the attention of these consumers in order to change such flawed decision which goes against the protection of the consumer and questions the confidence consumers should have with such a platform. Instead of making this information readily available for the consumer, you'd rather create additional issues such as court orders and what not to be able to obtain such information. Pexa's process in obtaining the relevant information is through the courts which causes further delays, anguish and financial loss to the consumer whilst the party in this instance had suffered already. This says to me that the protection is there for the lawyers and conveyancers but not for the consumers.
Given the way, technology is being driven in today's world and more cybersecurity is happening, it is another reason why consumers should be concerned especially where they have no other choice but to use your platform through lawyers and conveyancers in property transactions. Hence why I will be raising the matter outside this forum to raise awareness and feedback from the general public as I feel it is a morally incorrect rule posed on consumer rights.
FYI the Legal Service Board have been notified of this and have been aware of the misconduct of this lawyer for over 4 years via multiple consumer complaints yet after the experiences we have had with the VLSBC is has become apparent that their role is to protect the lawyer and not the consumer.
