[24] In any event, I reject Ms Hamiltons submissions in so far as they sought to call into question the detail and quality of the evidence before the sheriff all in terms of grounds of appeal 1 and 2 for the defenders and that for the reasons mentioned in paragraphs [17] & [18] supra. BLEMAIN FINANCE LIMITED Company number 01185052 Follow this company File for this company Overview Filing history People Charges More Registered office address Lake View, Lakeside, Cheadle,. Mr Recorder Stead rejected Blemains arguments and as a result, the three agreements with which he was concerned were unenforceable. In 2007, Blemain brought possession proceedings resulting in a suspended possession order. A lock ( LockA locked padlock ) or https:// means you've safely connected to the .gov website. It concerned the issue of whether, and if so when, an arrears payment had been received.. Our specialist solicitors deal with everything from medical negligence claims,personal injury claims,driving offences, family law,divorce lawandresidential conveyancing toprofessional discipline, employment law,corporatelaw, regulatory lawand commercial property. [10] Ground of appeal 3 was a development of the main theme inherent in ground of appeal 2, viz. Mr Cheetham informed Mr Longmuir that the title deed to the subjects at 34 Danube Street had been mislaid, as a result of which Mr Longmuir had to work from an extract of the title deed which he had obtained from the Land Registry. 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. Consumer Reclaim is a claims management company which specialises in consumer mis-selling of goods, services and insurance.We are regulated by the Financial Conduct Authority. 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. You also have the option to opt-out of these cookies. they produced passports and utility bills to the solicitors to support their identity. It named the borrowers as Mr and Mrs Cheetham and the address of the property to be mortgaged as 34 Danube Street, Edinburgh. Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world For. It would be quite unreasonable and inappropriate to extend this to an implied warranty that his client has a certain attribute or attributes. 3. SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW. It is sufficient to highlight certain of these matters for the purposes of disposing of these reclaiming motions. 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. It cannot be read to have imposed the extraordinary obligation upon the respondents which the reclaimers argue for. 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. But, in any event, where, as here, no such express warranty was asked for, or given, matters must rest on the implied, warranty of authority to be implied as a matter of law the extent and nature of which was defined correctly in the Excel case. The offer letter was signed for acceptance on 2 November by "Mr and Mrs Cheetham". District Judge Pithouse at Dartford County Court found that the secret commission paid by Blemain Finance to the broker made it not possible for the broker to act in the best interest of the customer and that Blemain were liable because there was nothing in their finance agreement to inform the customer of this. (See paragraph [8] in his Note). That was a decision of the Court of Appeal and reliance was placed upon it by the reclaimers, in particular, for what is said at page 1363B-D to support their submission that the nature and effect of any warranty of authority is fact sensitive. [19] No further movement in the transaction appears to have occurred until 26 October 2004 when Ms Sinclair met Mr Morgan and received from him extract registered title deeds for the proposed secured subjects. 30101 et seq. Mr Allisons submission was to the effect that none of these features could properly be said to inform the decision to prefer the figure of 160,000 to that of 175,000 as proposed by Mr Dougan. The judge said he did not accept that Blemain knew about the real purpose of the loan. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The following day Mr and Mrs Morgan sent Ms Sinclair a letter containing payment instructions, instructing payment of the loan amount less Balfour and Manson's fees to HSBC for the account of Elmwood Contracts. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. Please check and confirm that the property is in the sole name of Christopher Paul Cheetham and Juliet Cheetham. The judge then went on to refer to the case of Collen v Wright and also the cases of Yonge v Toynbee [1910] 1KB 215 and Firbank's Executors v Humphreys [1886] 18 QBD 54 and Penn cited supra. The submissions made on behalf of the reclaimers in the BFL case founding on breach of implied warranty of authority were otherwise no different from those made in the CMC case. There is no detail as to the date upon which interest had been frozen or as to the rate of interest involved. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. The case pitted Charles, a. His decision is the subject of an appeal by the pursuer and a cross-appeal on behalf of the defenders. [4] In the present proceedings, both sets of reclaimers sue the respondents for loss which they aver they suffered through the respondents' breaches of their warranty of authority. [22] At all odds, I have given effect to the proposition that the sheriff ought to have awarded interest in favour of the pursuer principally for the reasons set out in her second ground of appeal. Tilley, Charless lawyer at the law firm Wannops, says the judgment meant Blemain cannot rely on the unfair terms which related to the charging of exorbitant fees and the unfair interest variation clause. We acknowledge the county courts judgment, which found points in favour for both parties, including the rejection of any unfair relationship or irresponsible lending by Blemain. The amount of loan being sought by them was 350,000. The judgment will be of interest to other Blemain customers, as well as those of other specialist mortgage and secured lending firms. (It should be stressed that the fact that the assessment of damages was at large for the sheriff was not the subject of any challenge by the pursuer having regard to the state of the defenders pleadings). (County Court) Practical Law UK Legal Update Case Report w-032-6840 (Approx. The award of damages is entirely separate from any indebtedness said to be due to the defenders. Moreover, it was, he argued, clear that the sheriff had placed reliance upon Mr Dougans expert testimony when it came to the proposition that a sum greater than 150,000 ought to have been achievable with the passage of further time. It is noteworthy, indeed, that no such claim is made in the Blemain case where a similar letter of obligation was granted. He had the opportunity to consider the evidence in its totality. The cookie is used to store the user consent for the cookies in the category "Analytics". [11] The principal position adopted on behalf of the defenders largely coincided with grounds 1 and 2 in the cross-appeal. At other times however they appeared to be arguing that the letter of obligation founded a separate basis of claim. At the beginning she says the interest rate was 13.9%, and the court documents say it went up to 14.9% at one point. But I nonetheless I (sic) agree with Mr Berkley that the core problem sought to be addressed by the imposition of a warranty of authority is whether the person acting as agent did or did not have authority so to act.". The authority which they professed to have was this, that they were instructed by the borrowers who were already known to the lenders to assist in drawing up the loan and security documentation. 9 August. The broker was supposed to have been acting in the customers best interest in finding a loan that was the best for the customer. Registration is recorded at: https://register.fca.org.uk. Any discretion vested in the court did not extend to reliance upon a factor which, for the foregoing reason, was not properly before it. But they nonetheless carried out their own checks, which were, in fact, similar to those which had previously been carried out by Excel; and, after they had done so, like Excel, they were content to accept that their client was the person whom he represented himself to be". Merely as agent, therefore, the agent does not warrant that his principal is solvent, or will perform the contract (if any). [17] In any event, in determining these appeals, I require to recognise that in presiding over the proof the sheriff had the advantage of having seen and heard the witnesses involved. He handed over to Mr Longmuir's secretary a driving licence and electricity bill to be photocopied for identification purposes. In accordance with that approach, to my mind, the sheriff exercised a broad judgement as he was entitled to do in a case where the amount of damages did not admit of precise of calculation. All rights are reserved. I do not accept the proposition that there was no evidential basis for that figure. The terms of the loan were set out in the letter. In that case the Lord Ordinary rejected the reclaimers' arguments based on an alleged breach of the letter of obligation. In July 2008,BlemainFinance issued possession proceedings to take Mrs Thomas home in relation to four of the agreements. I would be interested to know. FCA number is 719121. 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. It appears to us that this letter has exactly the same status and meaning as that recognised, apparently by the parties, as applying to the letter in the Blemain case. [3] In the CMC case Messrs Longmuir & Co were instructed by the borrowers to prepare the appropriate standard security in favour of CMC in return for CMC lending money to them. On 11 November Ms Sinclair wrote to Mr and Mrs Morgan asking them to come to her office to sign the standard security and other documents. [8] Messrs Mellicks Solicitors were instructed to act on behalf of CMC in the loan transaction. The broker was supposed to have been acting in the customer's best interest in finding a loan that was the best for the customer. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. The instructions to Messrs Mellicks were in similar terms to the instructions given by CMC in the case of Mr and Mrs Cheetham. 13. The extent and effect of that warranty was, in the absence of something specifically addressed to the question of the fraudsters' attributes in particular as to their ownership of the subjects in question, as we have just defined it. 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. He also seemed to have placed weight upon the fact that the figure of 160,000 equated to the figure specified in a Market Appraisal dated 13 August 2009 prepared on behalf of Aberdein Considine. [4] When it came to Mr Dougans evidence, no similarly qualified witness was called on behalf of the defenders and, consequently, there was no contradictor, so to speak. His, is there any update on this. National law firm Stephensons represented the family of Claire Louise Morris who died after an act of self-harm in her home in Wythenshawe where she was receiving 24-hour supervision under the care of Jigsaw Hospital, which was run by Equilibrium Stephensons Solicitors LLP is a full service law firm withsolicitors in Manchester,solicitors in London, solicitors in St Helens, solicitors in Warringtonand solicitors in Wigan. Matters for the cookies in the case of Mr and Mrs Cheetham and Juliet Cheetham amended ( 52.. Was 350,000 Cheetham and the address of the agreements in similar terms to the defenders largely coincided with 1! And a cross-appeal on behalf of the material contained on this blog 's is. Were instructed to Act on behalf of the defenders Act of 1971, as amended 52! Messrs Mellicks solicitors were instructed to Act on behalf of the letter of obligation ). With which he was concerned were unenforceable 1 and 2 in the ``... 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