blemain finance court cases

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. This page was generated at 16:20:PM. This is a relevant consideration in applying CPR 26.8(1)(b) [20-21]. The case pitted Charles, a 66-year-old from West Sussex, against Blemain Finance, part of a company with several thousand customers and a 4bn loan book. Esto the pursuers are not entitled to decree as first concluded for, (which is denied), the second sum concluded for representing a reasonable estimate of the pursuer's loss as a result of Longmuir & Co's breach of representation as to their authority et separatim their breach of the Letter of Obligation, decree should be granted therefor.". The case went to County Court. Thanks for the referral PT2537. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy. In any event, the sheriff merely records that the defenders had frozen the interest on the shortfall. There was also a letter of obligation in the Blemain case. You can also follow my blog on consumer credit here. As it was, he had, aside from all else, been denied that opportunity. Call on 0161 348 7670 or freephone 0800 988 822 for advice. [22] It was argued before the Lord Ordinary on behalf of the reclaimers that those factual situations allowed the reclaimers, in each case, to sue the respondents for their losses on the basis that the respondents in each case had been in breach of their implied warranty of authority as agents. We are aware of a financial scam whereby a firm purporting to be Blemain Finance will ask for money upfront for unsecured loans. It is frequently said to be narrow in its scope. Jane Charles is out of pocket despite a court ruling that some of her lenders terms and conditions were unfair. He handed over to Mr Longmuir's secretary a driving licence and electricity bill to be photocopied for identification purposes. It would be quite unreasonable and inappropriate to extend this to an implied warranty that his client has a certain attribute or attributes. The starting point is the pleaded value of the claim pursuant to CPR 26.8(1)(a). It was in the following terms: Loan to Christopher Paul Cheetham and Juliet Cheetham, 34 Danube Street, Stockbridge, Edinburgh, EH4 1NT. They lend both to individuals. Cheetham at 34 Danube Street, a Scottish Power payment reminder similarly addressed, a Scottish Gas bill addressed to Mrs J Cheetham at that address, a driver's licence in the name of Christopher Paul Cheetham at that address and a driving licence in the name of Juliet Cheetham also at that address.". The obligation arising in such a case is well expressed by saying that a person, professing to contract as agent for another, impliedly, if not expressly, undertakes to or promises the person who enters into such contract, upon the faith of the professed agent being duly authorised, that the authority which he professes to have does in point of fact exist. 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. Please be aware that we would never ask for money upfront, and we do not provide unsecured loans. Please switch to another browser like Chrome, Firefox, or Edge for a better experience. [12] On 12 November 2004 Mr Longmuir received a letter from Messrs Mellicks which was dated 11 November. His decision when it came to the assessment of damages may have been influenced by the foregoing advantage and by the impressions he formed. I do not consider that they gave any implied warranty going beyond this". For her part, Charles says she just wants to get this whole thing sorted and put it behind me its been a total nightmare. The reclaimers in each case advanced the loans in the belief that the borrowers owned the subjects in respect of which the standard securities had been granted. In late 2016 she contacted a lawyer, Paul Tilley, and decided to start the legal process. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. In 2018, Blemain sought to enforce the possession order. He also enclosed a draft of their letter of obligation. Washington, DC 20463, Federal Election Commission | United States of America. As previously noted Mr Cheetham came into the offices of Longmuir & Co on 30 November. The case of Blemain Finance Limited v Ridley [June 2012 Darlington County Court] is such an example. Details of the short assured tenancy she said would be forwarded to them as soon as possible. The award of damages is entirely separate from any indebtedness said to be due to the defenders. The defenders agent had seen fit not to introduce a counterclaim in relation to the shortfall amount nor were there any pleas in law directed towards the way in which the court should approach the assessment of damages or interest. [35] The terms of the letter of obligation are unusual and the period of time covered extraordinary. It is plain that there was evidence from Mr Dougan to the effect that the property had been sold for too little and that with marketing over a longer period it might possibly have fetched 175,000. Solicitor marks a decade of service helping bereaved families. It should be noted that that formulation of principle is but an example of what the courts in England and Wales and, during the 19th century, in the context of certain well known mercantile transactions, namely imply terms into them in the absence of their having been expressly excluded by the parties, to render the contract commercially sensible or workable. It was not contended on behalf of the reclaimers, nor was it found by the Lord Ordinary, that either Messrs Longmuir or the respondents in the BLF case had acted in anything other than good faith or that they had not understood that the borrowers had title to the subjects over which they granted the pretended securities. High street lenders were not prepared to give them a mortgage for the full amount they required, and they needed to raise an extra 30,000 for the deposit. That particular feature was criticised by Mr Allison but, on reflection, I do not consider such criticism to be merited. The proposed security subjects were free of any other mortgage or standard security. 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. [3] The sheriff had issued an ex tempore judgment. It also oversees the operation of several specialized courts known as problem solving courts. Quite apart from what we consider is clearly and authoritatively the existing law on the matter, we are of the clear view that there are no reasons in principle or practice, for extending the somewhat limited scope and nature of the implied warranty of agents in the way in which the reclaimers' submissions in the present cases contended for. [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. 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. On 26 November Messrs Mellicks confirmed receipt of the documents including the standard security and confirmed that the funds had been transferred to Balfour and Manson. In that letter the following appeared: "Once the loan monies are received these are to be paid over to complete our purchase of property in Spain. 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. Share sensitive information only on official, secure websites. 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. 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. Bridging Finance Limited | Registered in England and Wales - Company Registration Number 03166982 Blemain Finance Limited is authorised and regulated by the Financial Conduct Authority | Registered in England and Wales - Company Registration Number 01185052. [30] We would simply add this. The judgment will be of interest to other Blemain customers, as well as those of other specialist mortgage and secured lending firms. After analysing these authorities and considering the submissions made to him the judge, at para 90 of his judgment, stated: "The fundamental reason why a person, purporting to act as agent for another would normally be deemed to have warranted his authority so to act is to ensure that any person dealing with the supposed agent is protected against the risk that he does not have the authority which he claims. The judge said he did not accept that Blemain knew about the real purpose of the loan. Stephensons consumer team is one of the leading specialists in the country in dealing with debt problems on behalf of clients. MrAllison cited section 1(1) of the Interest on Damages (Scotland) Act 1958, as amended, and made further reference to the case of Wilson supra. Necessary cookies are absolutely essential for the website to function properly. Didn't get all what I claimed in costs, as I claimed for sending letters and dealing with matters that I did before issuing proceedings and the judge would not allow them. It does not store any personal data. Ms Hamilton, for the defenders, argued that the absence of evidence regarding what particular steps ought reasonably to have been taken by the defenders meant that there had been insufficient evidence before the sheriff to enable him to conclude that the defenders were in breach of the statutory provision in section 25 supra. The Penn case was not concerned with an issue as between the third party and an agent contending that he had authority to act for a principal. In the correspondence the security address was, and this was apparent from other documentation, 3 Mentieth View. Original reporting and incisive analysis, direct from the Guardian every morning. Even if the facts and law on liability are relatively straight forward, the application of a remedy may not be. 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. At the beginning of December Ms Sinclair arranged for the transfer of the net balance to the account of Elmwood Contracts as instructed by Mr and Mrs Morgan. Well we don't know if Blemain will appeal. It was held that it was not necessary for the plaintiff in that case a building society who had lent on reliance of the security given, and to whom the representation of authority had not been directly made by the solicitor, to establish that he had been induced to enter into some form of dealing with the supposed principal in that case the wife. Both companies are in the business of secured lending. At the start of this year it went down from 14.4% to 11.45%, reducing her monthly payment from 396 to 315. However, it is now well established that, in such circumstances, the agent will normally be regarded as giving an implied warranty as to his authority. We endorse those views entirely. 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,. The call was taken by Ms Anne Sinclair an employee of Balfour and Manson. Get free access to the complete judgment in Blemain Finance Ltd v Goulding on CaseMine. 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. The accident had caused her lung to become trapped in her ribcage and she was left with reduced capacity in her lungs and is in constant pain. 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. We accordingly agree with the Lord Ordinary that, for that reason, the letter could not be enforced if the principal transaction were void as this one was. [27] In SEB Trygg Liv Holding AB v Manches (2006) 1 WLR 2276 the limited nature of the implied warranty of authority was emphasised by the Court of Appeal in a case involving solicitors who commenced arbitration proceedings in the name of a company which was no longer in existence. In particular he cautioned against a blanket approach to automatically allocating a type of claim to a track without consideration of its particular merits. Liam added: The rules governing the content of credit agreements are inflexible and are designed to protect the consumer. 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. 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. At page 1361 Waller LJ giving the judgment of the court cited the following from Chitty on Contracts: Specific contracts, 27 ed (1994), Vol 2 page 61, para 31-093: "One who expressly or impliedly warrants that he has the authority of another is liable in contract for breach of warranty of authority to any person to whom the warranty is made and who suffers damage by acting in the faith of it, if in fact he had no such authority. At this stage he had no reason to suspect that there was anything untoward in the behaviour or status of the fraudsters. These propositions clearly focus on the conduct of the agent involving an expressed or implied representation by him that he has authority to act for the principal he says he is acting for in the transaction he is entering into with the third party. [21] The principle underlying an award of interest on the sum decerned for by way of damages is that of wrongful withholding. The terms of the loan were set out in the letter. The court also heard that her application form said the loan was for home improvements, capitalisation, not for a house deposit. They also returned the draft letter of obligation drafted by Longmuir & Company. Washington, D.C., Jan. 17, 2023 (GLOBE NEWSWIRE) -- The New Civil Liberties Alliance filed an opening brief today on behalf of its clients in U.S. Securities and Exchange Commission v. Spartan . 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. We confirm that they are in order. The cookies is used to store the user consent for the cookies in the category "Necessary". BlemainFinance was also ordered to pay most of Mrs Thomas legal costs. On the same day Mellicks wrote to Longmuir & Co enclosing the standard security document together with a standing order mandate. In particular there is nothing in principle in the law of contract to prevent an agent from guaranteeing to a third party that he has a principal who is the same person as appears on property registers, for example, as the owner of a specific property. She did not want to sell her flat in Streatham in south London as it was a shared-ownership property, so she went online and was referred to a broker who put her in contact with Blemain Finance. 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. [31] The judge in Excel went on to supplement his conclusions by reference to what might be described as policy considerations. You're using Internet Explorer, some features might not work. All rights are reserved. My reluctance to interfere with the sheriffs decision when it comes to the pursuers first ground of appeal is fortified by Lord Reeds reference in the case of Liquidator of Letham Grange Development Co Ltd v Foxworth Investments Ltd & Another 2014 SLT 775 to the principles governing the review of findings of fact by appellate courts and to the earlier decision of McGraddie v McGraddie 2013 SLT 1212.

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