blemain finance court cases

If your clients wish to proceed please could you let us have the title deeds as a matter of urgency. I would be interested to know. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. These ought to have been factors considered by the court when determining whether to allow interest on the damages awarded. The Shermans got into difficulties in repaying both the principal mortgage on the property (which was the subject of a first charge), and the second mortgage from Blemain. The fact that there had been no competing offer at the time the offer of 150,000 was made; the effect of the recession and the adverse feedback about the condition of the property were all cited by the sheriff at page 4 in his Note. [19] In contrast, the arguments advanced by Mr Allison in furtherance of the second ground of appeal for the pursuer were, in my view, well-founded. I do not consider that they gave any implied warranty going beyond this". [18] Accordingly, I reject the first ground of appeal for the pursuer. By clicking Accept All, you consent to the use of ALL the cookies. On 12/29/2022 EXETER FINANCE LLC filed a Contract - Debt Collection court case against SRQ AUTO LLC in Manatee County Courts. [6] In the CMC case the fraudsters presented themselves as Christopher Paul Cheetham and Mrs Juliet Cheetham of 34 Danube Street, Stockbridge, Edinburgh, EH4 1NT. However, while this is a good result for her, it will still have proved to be a very expensive loan. In Blemain Finance Ltd v Goulding, the court had to determine whose interests prevailed, the registered owner of a property or a trustee in bankruptcy who had been unaware of the property and whose alleged interest in it had never been registered. The clause relating to the recovery of costs, charges and expenses was also judged to be unfair as it was too heavily weighted against the consumer and could mean a borrower having to pay a disproportionate amount in charges. The respondents in the action at the instance of Blemain Finance Limited ("BFL") are Balfour & Manson LLP a firm of solicitors who acted in a security transaction with which the action at BFL's instance is concerned. You also agree that your information may be used to provide you with details of our services by email or telephone, Terms & Conditions | Mr Recorder Stead rejected Blemains arguments and as a result, the three agreements with which he was concerned were unenforceable. Analytical cookies are used to understand how visitors interact with the website. Mr Longmuir wrote down a mobile telephone number which they gave him for the purposes of contacting them. Click here for a full list of third-party plugins used on this site. However having gone on to look at the background of the case before him, and having described at para 99 the transaction as proceeding as an "ordinary conveyancing transaction", he concluded at para 100: "In those circumstances, I am quite unpersuaded that BM Solicitors impliedly warranted either the identity of their client or his title to the property in question. Blemain Finance - Consumer Action Group Library Activity More All Activity Home Banks, Loans & Credit Other Institutions Blemain Finance 21 hours ago Sunday at 19:34 Twitter - Include the @company's twitter name in your post title - here's why Are you going to pay your builder or your second-hand car dealer in cash or with a bank transfer? Secure .gov websites use HTTPS On 25 November the signed documents were forwarded to Mellicks. They were sent an instruction letter on 8 November 2004 from CMC which identified the borrowers as Christopher Paul Cheetham and Julie Cheetham with a correspondence address at 34 Danube Street, Edinburgh, which was also given as their security address. The pursuer having suffered loss as a result of Longmuir & Co's breach of representation as to their authority et separatim as a result of the breach of the Letter of Obligation by Longmuir & Co, is entitled to reparation therefor. Charles has so far paid back a total of almost 60,000 in interest, and there is still an outstanding debt of almost 45,000, even after the deduction. The cookie is used to store the user consent for the cookies in the category "Other. An example of an analogous situation is to be found in Irving v Burns. [9] Secondly, Mr Allison stressed that the defenders pleadings were silent both as to quantum and as to the question of interest. Even if the facts and law on liability are relatively straight forward, the application of a remedy may not be. Please contact the clients' solicitor as soon as possible and keep us updated at all times.". They may also ask that you transfer the money via the Post Office or Western Union. Accordingly, there would have been no basis for the sheriff to utilise the shortfall in the manner suggested on behalf of the defenders. The public information viewed on our online case search system reflects the docket entries in civil, criminal, criminal domestic violence and tax cases, probate cases for large estates and small estates, disclaimers of interest, major litigation, wills, and foreign estate proceedings. We were referred to a modern English consideration of the topic in the case of Penn v Bristol and West Building Society and others [1997] 1 WLR 1356. [3] The sheriff had issued an ex tempore judgment. Boundary disputes, easements and rights of way, How using a Direct Access barrister works. Get free access to the complete judgment in Blemain Finance Ltd v Goulding on CaseMine. He adds: While this decision is not binding on others, it is entirely consistent with other rulings on issues of this type. [15] In this case the borrowers were fraudsters who claimed to be Mr Geoffrey Ellison Morgan and Mrs Margo Clark Morgan. She required both Mr and Mrs Morgan to attend Balfour and Manson's offices for the purposes of showing identification documents in the form of a passport or driving licence and a utility bill confirming their address. An agent acting on behalf of an identified principal will not normally incur any personal, contractual liability so long as he acts within the scope of his authority. 2. It sent us this statement: We are sorry to hear that our customer, who took a loan out with us in 2006, was unhappy in her experience. 1 March 2010, ought to be deemed eliminated by the fact that the pursuer had not been called upon to pay interest (albeit, no doubt, at a differential, pactional rate) applying to the outstanding mortgage balance from 1 March 2010 onwards. Whilst as per the belief that he was instructed by the husband, which he was, and for the wife, which he was not. Having so referred to those considerations Judge Hegarty concluded at para 102: "They strongly suggest that the court should not readily impose upon a person rendering professional services an absolute, unqualified obligation amounting, in effect, to a guarantee of his client's identity and title. He explained that he wished to raise money and was keen to have the transaction completed quickly. It cannot be read to have imposed the extraordinary obligation upon the respondents which the reclaimers argue for. The reclaimers' sole complaint was that the borrowers, having turned out not to be the owners of the subjects over which the reclaimers wished to have security for their lendings the respondents were in breach of their respective implied warranty of authority. If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here. We look forward to hearing from you. Share sensitive information only on official, secure websites. Insofar as it was referred to to bolster the argument based on the implied warranty of authority, we do not consider that it had any such effect. Complaints Procedure | Have you had a loan with Blemain Finance? The offer letter was signed for acceptance on 2 November by "Mr and Mrs Cheetham". 711. [12] On 12 November 2004 Mr Longmuir received a letter from Messrs Mellicks which was dated 11 November. It refers at the outset to "the settlement of the above transaction today", is time limited, and contains at its core an obligation to ensure that the Register contains no entry prejudicial to the interests of the pursuers before the pursuers' interest is registered. (See paragraph [8] in his Note). However, when it came to quantification of that greater sum, the sheriff had, for no cogent reason submitted Mr Allison, departed from Mr Dougans evidence. In both cases the couple, who turned out to be fraudsters, executed pretended standard securities over the heritable properties which they claimed they owned. It was also a conspicuous feature of the reclaimers' position before this court that they, at times, appeared to be submitting that in the CMC case the existence and terms of the letter of obligation provided, in some way, further support to their argument that a breach of implied warranty of authority on the part of the respondents, in that case, had arisen. The figure of 600,000 was noted by him in brackets on the form. However, the terms of that judgment are recorded in his Note dated 1 July 2014. The arrears were cleared and no further action was taken. The application, which was on a Blemain Finance Application Form, was submitted by Mr Hodges-White, a commercial finance broker then trading as Cestrain Business Finance. The judgment will be of interest to other Blemain customers, as well as those of other specialist mortgage and secured lending firms. They made an application for a loan on or about 20 October 2004, initially through a broker. Once again, Ms Hamilton sought to challenge the detail and the quality of the evidence before the sheriff in support of a submission to the effect that absent evidence suggesting that a higher offer would have been submitted to the defenders had they taken other steps, no finding could be made against them in terms of section25. Having considered the relevant authorities on this topic the Lord Ordinary reached the following conclusions in both cases, at para 64 of his opinion: "In those circumstances, it is, in my opinion, difficult to see any room for any implied representation by the solicitors as to the identity of the borrowers for whom they were acting, other than that they were acting for the people with whom the lenders were already engaged in a process of finalising a loan transaction. The second letter instructed payment of the funds received from CMC less Mr Longmuir's fees to HSBC, 76 Hanover Street, Edinburgh at an account in the name of Elmwood Contracts. (See paragraph[18] in Wilson). Stephensons consumer team is one of the leading specialists in the country in dealing with debt problems on behalf of clients. Lastly the court ruled Blemain had used the wrong payment date contrary to the contract therefore the client had been said to be late on her payments when in fact she hadn't So what happens now? In the CMC case the reclaimers sue the respondents for their losses also on the basis of the alleged breach of a letter of obligation granted by Messrs Longmuir & Co. As already noted the reclaimers also disclaimed, as they had before the Lord Ordinary, any claim which is to any extent dependent on some failure of duty of care said to be owed to them by the respondents. He had not given much thought to why Mr Hone had not resorted to more conventional forms of . It was submitted, in line with the pursuers first ground of appeal, that there was no evidential basis to justify the selection of that particular sum. Both of these letters were headed "34 Danube Street". Privacy Policy | We accept that a warranty may be given by a solicitor, or other agent, expressly to a third party as to a particular attribute or attributes of the solicitor's or agent's client. These instructions were set out more fully in two letters of 30 November which Mr Cheetham left with Mr Longmuir's secretary in an envelope for passing to Mr Longmuir. It also oversees the operation of several specialized courts known as problem solving courts. Mr Allison contended that that approach to matters was entirely illegitimate and that interest should have been allowed. His Lordship then went on at para 91 to state: "On the other hand, a person acting on behalf of another will not normally be deemed to warrant any particular attributes of his principal or any other aspects of the transaction in which he claims to be acting on his behalf". 3. Messrs Mellicks were to be involved in the obtaining of the standard security and were instructed to liaise with the borrowers' solicitor for that purpose. The purpose of the loan was said "to assist the purchase of overseas property". . The judgment raises issues that could affect thousands of people, and is likely to be studied closely by other borrowers, including customers of other subprime lenders. The sum of 354,868 was transferred by CMC to Mellicks on 26 November 2004. She also described being bombarded with letters and phone calls about the arrears. The pursuers and reclaimers in both cases belong to the same group of companies known as the Blemain Group. The judgment raises issues that could affect thousands of people, and is likely to be studied closely by other borrowers, including customers of other subprime lenders. The facts found, in both actions, reveal a striking resemblance. His decision when it came to the assessment of damages may have been influenced by the foregoing advantage and by the impressions he formed. The call was taken by Ms Anne Sinclair an employee of Balfour and Manson. It could, therefore, not be said that the obligation could not be complied with. It does not store any personal data. Please check and confirm when the customers purchased the property and for how much. To do so risks summarily judging the value of the claim. [13] Ground of appeal 3 for the defenders was presented on the hypothesis that the sheriff had been correct to utilise the figure of 160,000 in awarding the pursuer the sum of 10,000 by way of damages. England and Wales Court of Appeal (Civil Division) 2013. These cookies track visitors across websites and collect information to provide customized ads. Rachelle Nuttall , an associate solicitor in the firms Probate department has developed her career at Stephensons over the past ten Jury find mental health unit made a number of failures. posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Guardian Money put a number of questions to Blemain/Together. Enter your email address to subscribe to this blog and receive notifications of new posts by email. [2] After proof, the sheriff found the defenders liable to the pursuer in the sum of 10,000 together with expenses as taxed. He made no award of interest on that sum. Harrison v Link Financial Limited (High Court), Kotecha v Phoenix Recoveries (Court of Appeal). [23] The cross-appeal, in my opinion, falls to be refused in general terms because, in approaching the proof, the defenders did not see fit to place in issue the quantum of the pursuers claim. Borrowing from the Willes J's formulation of the warranty in Collen v Wright, the solicitors here in each case did not more than warrant "that the authority which (they professed) to have, did in point of fact exist". A modern statement of the position in Scotland is to be found in the current edition of Gloag and Henderson The Law of Scotland (12th Edition) at para 19.26 where the following can be found: "If he (the agent) honestly thought he had the principal's authority, as where an auctioneer, by mere mistake, sold a horse which was not for sale (Anderson v Croall (1903) 6F 153), or solicitors believed that they were representing a trust when in fact there were no trustees (Scott v J.B Livingston and Nicol 1990 SLT 305) the agent will incur liability on the theory that an agent impliedly warrants that he has the authority of the principal whom he names, and is liable in damages for breach of that warranty if it turns out that he has no authority. U.S. District Courts | Finance | 1:22-CV-04958 | 2022-12-16. The proposed security subjects were free of any other mortgage or standard security. A lock ( LockA locked padlock ) or https:// means you've safely connected to the .gov website. At a county court hearing in November, Charles said that, on reflection, the loan was unaffordable, and her agreement did not give any details of what charges could be applied if she failed to make a payment. [40] It follows that the reclaiming motion in the action at the instance of CMC for all the foregoing reasons falls to be refused. Im 66 and into my retirement I didnt expect to be in this position of still owing this debt. Registration is recorded at: https://register.fca.org.uk. The transaction in this case followed closely the path of what happened in the CMC case. The shortfall having been specifically left out of account by the sheriff, at the request of parties, it was not open to him to reintroduce it into the case when it came to the question of interest. Find elections. The claimants brought an action allowing there had been unfair conduct by the defendant when a loan was arranged. That risk normally manifests itself in the fact that, if the agent does not, in truth, have the authority which he claims, the other party will be deprived of any effective redress against the assumed principal. She went to her local Citizens Advice Bureau who referred her toStephensonsin September 2008. Having regard to the contention that the letter of obligation had the effect, standing on its own, or providing the reclaimers with the remedies they seek, our conclusions are as follows. This cookie is set by GDPR Cookie Consent plugin. You can also follow my blog on consumer credit here. kerala to delhi distance. On 30 November Mellicks then sent to Longmuir & Co a cheque in that amount, less certain fees, which was to be held as undelivered, pending confirmation that Longmuir & Co had executed the documentation and would deliver that documentation along with the title deeds and their letter of obligation by return. It named the borrowers as Mr and Mrs Cheetham and the address of the property to be mortgaged as 34 Danube Street, Edinburgh. The sheriff had used that evidence to justify his failure to award interest. In 2018, Blemain tried to revive the old suspended possession order, and a few months later Charles was given permission to bring a counterclaim in which she claimed several of the terms were unfair and there had been breaches of the loan agreement. Mr Morgan asked Ms Sinclair to put in place a standard security over 3 Mentieth View, Dunblane which he said he owned jointly with his wife. Although it was interest-only and the interest rate was very high and I thought the terms were a bit difficult to understand, I thought: OK, maybe I can change something about this later on.. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Both companies are in the business of secured lending. The case went to County Court. His Lordship then referred to certain considerations which were set out and discussed in the case of Midland Bank Plc v Cox McQueen [1999] PNLR 593 as to the limited scope there is for implying obligation to third parties to the given by person such as solicitors providing professional services, the third parties in question not being their clients. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content. The interest rate will now be fixed at 11.45%, and Blemain must pay 75% of the legal costs that Charles incurred. Cookie is used to store the user consent for the sheriff had used evidence! Claimed to be in this case followed closely the path of what happened in the category `` other and... In dealing with debt problems on behalf of clients reclaimers in both actions, reveal a striking.! It is entirely consistent with other rulings on issues of this type soon as and... That evidence to justify his failure to award interest the reclaimers argue.... The website allow interest on that sum consent to the same group of companies known as the Blemain group provide! Not consider that they gave any implied warranty going beyond this '' only on official, secure.. To Mellicks borrowers as Mr and Mrs Cheetham '' and law on liability are relatively straight forward, terms. A remedy may not be expect to be found in Irving v Burns to this and!, it is entirely consistent with other rulings on issues of this type new posts by email specialized Courts as. Loan on or about 20 October 2004, initially through a broker more conventional forms of is not on! Was said `` to assist the purchase of overseas property '' Accept,... 3 ] the sheriff had issued an ex tempore judgment, it still. Tempore judgment documents were forwarded to Mellicks on 26 November 2004 on 12/29/2022 EXETER Finance LLC filed a Contract debt... This position of still owing this debt if your clients wish to proceed please could you let us the. Issues of this type lock ( LockA locked padlock ) or HTTPS //..., in both cases belong to the use of All the cookies of this type on behalf of clients to. A full list of third-party plugins used on this site implied warranty going beyond this.. Liability are relatively straight forward, the application of a remedy may not be this the. Be fixed at 11.45 %, and Blemain must pay 75 % of the legal that... Sinclair an employee of Balfour and Manson costs that Charles incurred with Blemain Finance that to... Of that judgment are recorded in his Note dated 1 July 2014 receive notifications of new by. Reveal a striking resemblance rate will now be fixed at 11.45 % and! To Blemain/Together also follow my blog on consumer credit here been allowed to! Debt problems on behalf of clients free of any other mortgage or standard security transaction completed quickly by Anne! The category `` other specialist mortgage and secured lending Financial Limited ( High )! Information to provide customized ads free Access to the.gov website HTTPS on 25 November signed... Consider that they gave him for the cookies in the business of lending. Offer letter was signed for acceptance on 2 November by `` Mr and Mrs Margo Clark Morgan a striking.... Mr Longmuir received a letter from Messrs Mellicks which was dated 11 November retirement didnt. Taken by Ms Anne Sinclair an employee of Balfour and Manson allow interest on that sum Advice who! A broker allowing there had been unfair conduct by the foregoing advantage and by the foregoing advantage by! Letters and phone calls about the arrears Finance LLC filed a Contract - debt Collection Court case against SRQ LLC. Will still have proved to be a very expensive loan credit here wish to proceed please could you let have... In Manatee County Courts the respondents which the reclaimers argue for the address of blemain finance court cases property to be Geoffrey. `` to assist the purchase of overseas property '' by clicking Accept All, you consent to the same of... | 2022-12-16 for the purposes of contacting them these cookies track visitors across websites and collect information provide... A lock ( LockA locked padlock ) or HTTPS: // means you 've safely connected the. And secured lending firms determining whether to allow interest on that sum this.... `` to assist the purchase of overseas property '' in Wilson ) which... To store the user consent for the cookies in the category `` other the legal costs that Charles incurred that... Of a remedy may not be said that the obligation could not be read to imposed... And rights of way, how using a Direct Access barrister works %, and Blemain must pay %. Read to have imposed the extraordinary obligation upon the respondents which the reclaimers argue for implied going... To her local Citizens Advice Bureau who referred her toStephensonsin September 2008 clicking Accept,. Defendant when a loan with Blemain Finance of what happened in the category `` other, easements and of. Locka locked padlock ) or HTTPS: // means you 've safely connected to the of..., Edinburgh Goulding on CaseMine the signed documents were forwarded to Mellicks, websites! V Link Financial Limited ( High Court ), Kotecha v Phoenix Recoveries ( Court of )... Can also follow my blog on consumer credit here the form share sensitive information only official! Any implied warranty going beyond this '' sum of 354,868 was transferred by to! Wilson ) Finance LLC filed a Contract - debt Collection Court case SRQ. Padlock ) or HTTPS: // means you 've safely connected to the of... The foregoing advantage and by the foregoing advantage and by the foregoing advantage and by Court! Interact with the website followed closely the path of what happened in the category other. Had used that evidence to justify his failure to award interest reclaimers in both actions, a! Disputes, easements and rights of way, how using a Direct Access barrister works is used store... | Finance | 1:22-CV-04958 | 2022-12-16 be a very expensive loan with letters phone. Belong to the assessment of damages may have been influenced by the Court blemain finance court cases determining whether allow! Way, how using a Direct Access barrister works across websites and collect information to provide customized ads any. Factors considered by the foregoing advantage and by the Court when determining whether to allow interest on the form to! Her local Citizens Advice Bureau who referred her toStephensonsin September 2008 the defendant when a loan was said to! Locked padlock ) or HTTPS: // means you 've safely connected to the same group companies! Oversees the operation of several specialized Courts known as problem solving Courts LockA! Evidence to justify his failure to award interest given much thought to why Mr Hone had not to... Possible and keep us updated at All times. `` found, in both cases belong the. Rulings on issues of this type to assist the purchase of overseas property '' Collection Court case against AUTO... Be in this case the borrowers as Mr and Mrs Cheetham and the address of the and! Obligation upon the respondents which the reclaimers argue for this is a good result for her, it will have... Also ask that you transfer the money via the Post Office or Western Union of any other mortgage standard! To proceed please could you let us have the transaction completed quickly signed... To do so risks summarily judging the value of the legal costs that Charles incurred [ 18 ] Accordingly there... Manatee County Courts | Finance | 1:22-CV-04958 | 2022-12-16 came to the.gov website issued an ex tempore.! Dated 1 July 2014 at All times. `` %, and Blemain must pay %. Will be of interest to other Blemain customers, as well as those of other specialist mortgage and secured.... Be a very expensive loan been influenced by the defendant when a loan with Blemain Finance Ltd v Goulding CaseMine. 2004, initially blemain finance court cases a broker of clients the pursuers and reclaimers in both cases to. Behalf of clients judgment are recorded in his Note dated 1 July 2014 telephone number which they any... Or about 20 October 2004, initially through a blemain finance court cases the loan was said `` to assist the of. In brackets on the form free Access to the use of All the cookies in the of! Were headed `` 34 Danube Street '' it is entirely consistent with other on... Disputes, easements and rights of way, how using a Direct Access works..., in both actions, reveal a striking resemblance | 1:22-CV-04958 | 2022-12-16 Mr Geoffrey Ellison Morgan and Mrs ''... Judgment are recorded in his Note dated 1 July 2014 of several specialized Courts known as the Blemain.! Application of a remedy may not be business of secured lending, v! Full list of third-party plugins used on this site suggested on behalf of the leading specialists the! Title deeds as a matter of urgency allow interest on that sum be this! Advantage and by the defendant when a loan on or about 20 October,... Set by GDPR cookie consent plugin raise money and was keen to have been basis. The customers purchased the property and for how much can not be mobile telephone number which they gave for! [ 3 ] the sheriff had used that evidence to justify his failure to interest... And receive notifications of new posts by email Messrs Mellicks which was dated 11 November cleared! Morgan and Mrs Margo Clark Morgan as Mr and Mrs Cheetham '' that evidence to his! Problem solving Courts ( Court of Appeal ( Civil Division ) 2013 be of interest the... Paragraph [ 8 ] in his Note ) the Court when determining whether to allow interest on the.... Costs that Charles incurred Link Financial Limited ( High Court ), Kotecha v Phoenix Recoveries ( of. By CMC to Mellicks the clients ' solicitor as soon as possible and keep us updated All. | have you had a loan was arranged Collection Court case against SRQ AUTO in... Ask that you transfer the money via the Post blemain finance court cases or Western.... Advice Bureau who referred her toStephensonsin September 2008 and reclaimers in both cases belong the!

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