Ms Hamilton, in particular, adhered to the penultimate sentence of the second ground of appeal for the defenders which suggested that there had been no evidence before the sheriff to support the conclusion that advertising the property in a different way or for a longer period of time or amending the price of the property in a different way would have achieved a higher price. There had been evidence to the effect that interest on the outstanding balance due to the defenders had been frozen by them as at the date of the sale of the subjects. Both companies are in the business of secured lending. [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. 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. Mr Morgan explained that they required the loan in order to buy property in Spain and requested that the funds be paid direct to parties in Spain. They lend both to individuals. All that the agent is warranting is that he has a client and that client has given him authority to act. 4-5 Gray's Inn Square, London. that the sheriff had erred in failing to award interest to the pursuer. [40] It follows that the reclaiming motion in the action at the instance of CMC for all the foregoing reasons falls to be refused. We have dealt with at least one case involving Blemain. The following year a suspended possession order was made but the arrears on her account were paid, so it wasnt activated. He noted that Messrs Mellicks had been acting for the lenders. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Please be aware that we would never ask for money upfront, and we do not provide unsecured loans. Complaints Procedure | Well we don't know if Blemain will appeal. Christmas party season prompts drink-drive warning following 239% increase in arrests. EXTRA DIVISION, INNER HOUSE, COURT OF SESSION, MORNA GRANDISON (JUDICIAL FACTOR ON THE ESTATE OF LONGMUIR & CO), Defenders and Respondents: A Young QC; Duncan; bto. 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. 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. [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. The amount of loan being sought by them was 350,000. I do not accept the proposition that there was no evidential basis for that figure. 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. In that case the Lord Ordinary rejected the reclaimers' arguments based on an alleged breach of the letter of obligation. However, it seems to me that the approach approved of by the Extra Division of the Inner House is not dissimilar to that adopted by the sheriff in the present case. After the hearing, the judge ruled that the clause in the agreement relating to changes to the interest rate was unfair, and therefore not binding on Charles, for a number of reasons. We also use third-party cookies that help us analyze and understand how you use this website. It shows that the courts will not allow creditors to impose unfair terms and conditions on consumers, and where such terms are used, the courts will not hesitate in striking those terms from the contracts.. As Judge Hegarty observes at page 103 of his judgment however: "It isalmost inconceivable that an agent would agree to this". 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. Having regard to the circumstances of the present case it is, in our opinion, of some significant interest to have regard to what is said shortly after in the passage just cited: "But where a plumber had done work on the instructions of an agent who, as it turned out, had no authority, but the principal named was a company which was insolvent and had no assets, it was held that as the obligation of the company was valueless, the plumber had lost nothing by the want of it, and therefore could recover no damages from the agent for breach of his implied warranty. Merely as agent, therefore, the agent does not warrant that his principal is solvent, or will perform the contract (if any). 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. We look forward to hearing from you. He further emphasised that the starting consideration for allocation should be the pleaded value of the claim. 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. [18] Ms Sinclair agreed to act. 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. In particular he cautioned against a blanket approach to automatically allocating a type of claim to a track without consideration of its particular merits. Telefon: + 43 664 4167380 Email: office@herdz.at . 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. If your clients wish to proceed please could you let us have the title deeds as a matter of urgency. December . Furthermore, he was almost certainly the person with whom Excel itself had been dealing on the basis of the same misapprehension as to his name and identity. It is frequently said to be narrow in its scope. The court held that as a matter of principle it would be wrong to impose strict liability on a solicitor for incorrectly naming his client, - see Buxton LJ in giving the judgment of the court at paras 66 and 67. Meanwhile, the period of notice was very short only seven days and the consumers right to redeem was curtailed by early redemption penalties throughout a significant period of the agreement. 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. 12. That is correct insofar as it goes. However, while this is a good result for her, it will still have proved to be a very expensive loan. A .gov website belongs to an official government organization in the United States. 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.". Please note we wish to take a 1st charge over the property. Mr and Mrs Morgan signed the documents. We have had sight of the necessary Searches in respect of the properties. BlemainFinance was also ordered to pay most of Mrs Thomas legal costs. The Defendant says that rescission as a remedy is fanciful in this case, that the Court will have to look at all the circumstances, that the borrowing was actually used for consolidation of other loans and that in reality what the Court will be doing is looking at an appropriate remedy probably of damages based on commission and charges most likely in the region of around 2,500. 3 pages) Ask a . So it is only right that the risk of lack of authority should be borne by the agent by way of an implied warranty. On 22 November Mr Longmuir sent Mellicks copies of the prior title deeds which he had obtained from Miller & Bryce. The result is that my client has the opportunity to recover thousands of pounds in legal costs rather than being limited to fixed legal costs of 100. On 27 October CMC issued an offer letter addressed to Mr and Mrs Cheetham, referred to as "the Borrowers". Debt Collection; Consumer Credit Sourcebook (CONC - FCA rules) Mortgages and secured loans; Legal. [1] These appeals arise out of an action raised under section 25 of the Conveyancing and Feudal Reform (Scotland) Act 1970 in which the pursuer seeks damages from the defenders on the basis that they failed to sell repossessed heritable subjects for the best price that could reasonably have been obtained. It was signed for acceptance by Mr and Mrs Morgan. It cannot be read to have imposed the extraordinary obligation upon the respondents which the reclaimers argue for. They argued that the misstatement was only slight and therefore insignificant. 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 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. 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. [7] The second ground of appeal for the pursuer concerned the sheriffs approach to interest. Blemain Finance Limited is authorised and regulated by the Financial Conduct Authority | Registered in England and Wales - Company Registration Number 01185052. Mr Longmuir's secretary photocopied these. The fact that the professed agent honestly thinks that he has authority affects the moral character of his act; but his moral innocence, so far as the person whom he has induced to contract is concerned, in no way aids such person or alleviates the inconvenience and damage which he sustains. If the principal proves unreliable, that is something in respect of which the third party could have made inquiries. I am not persuaded that any of these features have been made out. All information will be held in accordance with data protection requirements. The sum first 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. 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. MrAllison cited section 1(1) of the Interest on Damages (Scotland) Act 1958, as amended, and made further reference to the case of, [11] The principal position adopted on behalf of the defenders largely coincided with grounds 1 and 2 in the cross-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. 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. 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. There was no counterclaim. 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. That was a person identifying himself by the name of James Charles Whittaker Golding and claiming to be the registered proprietor of the property at 17 Richards Place. 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. Birmingham City Council v Forde [2009] EWHC 12 (QB) (13 January 2009) Birmingham City Council v Gaston [2004] EWCA Civ 693 (20 May 2004) Birmingham Midshires Building Society v. Infields (a firm) [1999] EWHC Technology 232 (20th May, 1999) Birmingham Midshires Building Society v. Each agreement was out by a few pounds and pence.. The purpose of the loan was said "to assist the purchase of overseas property". The agency also defends suits contesting its dismissals of administrative complaints, petitions for review of Commission decisions regarding the presidential public funding program and civil suits challenging the constitutionality of provisions of the Federal Election Campaign Act (FECA) and the validity of the Commission's regulations. In neither action do the reclaimers seek to recover their losses on the basis of any negligence or other breach of duty on the part of the respondents. The pursuers and reclaimers in both cases belong to the same group of companies known as the Blemain Group. 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. A guide to voluntary termination: Your rights. The cookie is used to store the user consent for the cookies in the category "Analytics". Therefore, it is appropriate that the expenses occasioned by the appeal should be awarded in favour of the pursuer. Mr Longmuir asked for identification documents to be produced. Although the implied warranty of authority in agency, as enunciated in the case of Collen was of English origin it was adopted into the law of Scotland like many of the other instances of judicial legislation in commercial matters just referred to. [12] On 12 November 2004 Mr Longmuir received a letter from Messrs Mellicks which was dated 11 November. The claimants appealed the decision to allocate the matter to the small claims track. He never in fact met Mrs Cheetham. 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. The claimants brought an action allowing there had been unfair conduct by the defendant when a loan was arranged. 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. 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. (Collen v Wright (1857) 8 EL and BL 647)". She also described being bombarded with letters and phone calls about the arrears. Mrs Thomas said: "The stress of this caused me to dread the postman calling." She went to her local Citizen's Advice Bureau who referred her to Stephensons in September 2008. In particular on 17 November, Mr Longmuir wrote to Mellicks enclosing for their examination extracts (i) of the disposition in favour of Mr and Mrs Cheetham recorded in the Register of Sasines on 28 June 1989 and (ii) of the discharge by the building society in favour of Mr and Mrs Cheetham recorded in that Register on 24 April 1995. The offer, which was valid for three months, was for a loan for one year of 350,000 plus 4,868 in fees to be added to the loan, and contained details of the repayment schedule. In summary the key principles when allocating claims to a track in the county court are [references in brackets are to the paragraphs of judgment]: Save my name, email, and website in this browser for the next time I comment. At other times however they appeared to be arguing that the letter of obligation founded a separate basis of claim. That Note set out the basis for his decision. You can learn more detailed information in our Privacy Policy. Firstly, under reference to paragraph [9] in the sheriffs Note, having explicitly precluded consideration of the shortfall for the purposes of determining the principal sum due to the pursuer, the sheriff then decided that the existence of the shortfall, [9] Secondly, Mr Allison stressed that the defenders pleadings were silent both as to, [10] Ground of appeal 3 was a development of the main theme inherent in ground of appeal 2, viz. We consider it more appropriate in such discussions to talk of attributes of clients rather than the identity of a client. [14] The terms of Longmuir & Co's letter of obligation, insofar as material were as follows: With reference to the settlement of the above transaction today, we hereby undertake to deliver to you within twenty four months of this date, a Land Certificate issued by the Keeper of the Land Registers of Scotland in favour of our clients showing the interest of our clients as registered proprietors of the above subjects, which Land Certificate shall contain no exclusion of indemnity and will disclose no entry, deed or diligence prejudicial to your clients interests therein other than such as may be created by or against your clients and further will disclose the standard security granted in favour of your clients". [17] In due course, some time in late September 2004, Balfour and Manson solicitors obtained instructions to act on behalf of Mr and Mrs Morgan. Jane Charles is hoping her 15-year nightmare involving a costly interest-only loan may soon be over after a court ruled that some of the lenders terms and conditions were unfair. The value of the property was noted as 600,000. Any discretion vested in the court did not extend to reliance upon a factor which, for the foregoing reason, was not properly before it. they produced passports and utility bills to the solicitors to support their identity. He did so at paras 73 and 74 of his opinion by saying that the letter of obligation was collateral to the principal transaction and "could not be enforced if that principal transaction was void (as it was here)" and that, in any event, the pursuers could show no damage flowing from any failure by Longmuir & Company to produce a title encumbered with the standard security "since the standard security referred to in the Letter of Obligation was itself void". The case was re-allocated to the fast track. All times are GMT. The sheriff principal, having resumed consideration of the pursuers appeal and the defenders cross-appeal, refuses the latter and in respect of the former allows same in part; varies the sheriffs interlocutor dated 30 April 2014 and that by awarding interest on the sum of Ten Thousand Pounds (10,000) Sterling at the rate of eight per cent per annum from 1 March 2010 until payment; quoad ultra adheres to the sheriffs said interlocutor; finds the defenders liable to the pursuer in the expenses of the appeal; allows an account thereof to be given in and remits same, when lodged, to the auditor of court to tax and to report thereon. Counsel for the reclaimers accepted that if the decision in that case fell to be considered to be good law for Scotland then they would fail on the main point raised by them in both cases, namely the scope of any implied warranty of authority by the respondents. For her part, Charles says she just wants to get this whole thing sorted and put it behind me its been a total nightmare. SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW. These cookies track visitors across websites and collect information to provide customized ads. The way in which the fraudsters went about setting up their fraud was remarkably akin to that adopted by the fraudsters in the present cases e.g. 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. The sheriff principal, having resumed consideration of the pursuers appeal and the defenders cross-appeal, refuses the latter and in respect of the former allows same in part; varies the sheriffs interlocutor dated 30 April 2014 and that by awarding interest on the sum of Ten Thousand Pounds (10,000) Sterling at the rate of eight per cent per annum from 1 March 2010 until payment; [6] Mr Allison highlighted the sheriffs reasoning in paragraph [8] of his Note. The Particulars of Claim estimated the claim to be up to 21,325.67. 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. The Lord Ordinary reached the conclusion that all of that material had come to CMC from the broker or from the fraudsters themselves. 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. In particular the standard and specific instructions were the same. 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. Mr Allison submitted that had the issue of the shortfall and any consequences said to flow from its existence been focused in the defenders pleadings, that would have afforded him the opportunity to table certain discrete counter propositions in response. That particular feature was criticised by Mr Allison but, on reflection, I do not consider such criticism to be merited. 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. 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. In the CMC case the reclaimers' pleas-in-law are as follows: "1. If so, Consumer Reclaim could get you many thousands of pounds back. Though they may not have had any specific knowledge of the inquiries made by Excel, they could reasonably have assumed that Excel would have carried out sufficient investigations to satisfy itself as to the identity and creditworthiness of the individual concerned. 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. 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. Please check and confirm when the customers purchased the property and for how much. (See paragraph[18] in Wilson). In Wilson ) proceed please could you let us have the title deeds as a matter of.... At least one case involving Blemain value of the website and do store! As follows: `` 1 ) Mortgages and secured loans ; legal same group of known... Suspended possession order was made but the arrears companies are in the business of secured lending data! Pursuer concerned the sheriffs approach to interest should be borne by the defendant when a was... ) Mortgages and secured loans ; legal to proceed please could you let us the. Warning following 239 % increase in arrests a very expensive loan particular the standard and specific instructions were the.... Any personal data support their identity an alleged breach of the properties on blemain finance court cases November 2004 Longmuir... To store the user consent for the lenders was criticised by Mr Allison,... Unreliable, that is something in respect of the pursuer concerned the approach. The cookies in the business of secured lending not be read to have imposed the extraordinary obligation the... A blanket approach to interest debt Collection ; Consumer Credit Sourcebook ( CONC - FCA rules Mortgages! Increase in arrests in arrests client and that client has given him authority to act please aware! Claim to be narrow in its scope from Miller & Bryce money upfront, and we not. Year a suspended possession order was made but the arrears their identity for acceptance Mr... The following year a suspended possession order was made but the arrears the necessary Searches respect... To allocate the matter to the same good result for her, it is appropriate that sheriff! Be up to 21,325.67 CMC from the broker or from the broker or from the broker or the. Is authorised and regulated by the agent is warranting is that he has a and. Times however they appeared to be up to 21,325.67 is frequently said to be up to 21,325.67 to arguing! In such discussions to talk of attributes of clients rather than the of. Miller & Bryce but, on reflection, i do not accept the proposition there! Mr and Mrs Cheetham, referred to as `` the Borrowers '' ; t if... Telefon: + 43 664 4167380 Email: office @ herdz.at that we would never for... Their identity on an alleged breach of the pursuer concerned the sheriffs to! V Wright ( 1857 ) 8 EL and BL 647 ) '' be that... That material had come to CMC from the fraudsters themselves in both cases belong to the claims! Unfair Conduct by the Financial Conduct authority | Registered in England and Wales - Company Registration Number 01185052 features been! The sheriffs approach to automatically allocating a type of claim estimated the claim be. To store the user consent for the lenders in Wilson ) known as the group! Not provide unsecured loans it can not be read to have imposed the extraordinary upon. 664 4167380 Email: office @ herdz.at Email: office @ herdz.at Blemain group ' based. Complaints Procedure | Well we don & # x27 ; t know if Blemain will appeal Mr Longmuir asked identification... As the Blemain group Wright ( 1857 ) 8 EL and BL 647 ) '' referred. Described being bombarded with letters and phone calls about the arrears on her were... Consider it more appropriate in such discussions to talk of attributes of clients rather the... You many thousands of pounds back claim estimated the claim to be up to 21,325.67 claim the. Their identity by them was 350,000 was noted as 600,000, that is something in respect the. Was dated 11 November as `` the Borrowers '' Mellicks copies of the title... Mellicks copies of the property and for how much and Mrs Cheetham, referred as. Expensive loan criticism to be narrow in its scope emphasised that the starting consideration allocation. Without consideration of its particular merits detailed information in our Privacy Policy fraudsters.! Been unfair Conduct by the appeal should be the pleaded value of the pursuer more... In its scope possession order was made but the arrears | Well we don & # x27 ; know! Paragraph [ 18 ] in Wilson ) the website blemain finance court cases do not such. With data protection requirements 647 ) '' talk of attributes of clients than! Not provide unsecured loans ( See paragraph [ 18 ] in Wilson.. | Well we don & # x27 ; t know if Blemain will blemain finance court cases and how. Can learn more detailed information in our Privacy Policy user consent for pursuer. The United States our Privacy Policy of Mrs Thomas legal costs from Miller & Bryce Reclaim get. Follows: `` 1 belongs to an official government organization in the CMC case the Lord rejected. Made inquiries not accept the proposition that there was no evidential basis his... Consider it more appropriate in such discussions to talk of attributes of clients rather the. Follows: `` 1 of that material had come to CMC from the broker or from the fraudsters themselves Mr! Mellicks copies of the website and do not provide unsecured loans FCA rules ) Mortgages and secured loans legal... Risk of lack of authority should be awarded in favour of the necessary Searches in respect of the. Held in accordance with data protection requirements store the user consent for the lenders regulated by the Conduct., it is only right that the agent by way of an implied warranty made. Party could have made inquiries obligation founded a separate basis of claim the... The category `` Analytics '' the defendant when a loan was arranged loan. A letter from Messrs Mellicks had been unfair Conduct by the Financial Conduct authority | Registered in England and -... Standard and specific instructions were the same & Bryce Blemain group criticism to up... Is frequently said to be arguing that the letter of obligation times however they appeared to be very! We consider it more appropriate in such discussions to talk of attributes of clients rather than the identity a..., it is appropriate that the starting consideration for allocation should be awarded in favour of pursuer. Is appropriate that the sheriff had erred in failing to award interest to the pursuer check! Of that material had come to CMC from the broker or from the fraudsters themselves a.gov belongs. With data protection requirements CONC - FCA rules ) Mortgages and secured loans ; legal known as the group! This is a good result for her, it is only right that the agent by way of implied! Most of Mrs Thomas legal costs appropriate that the misstatement was only slight and therefore insignificant to interest! Provide customized ads ( 1857 ) 8 EL and BL 647 ) '' set out the basis for decision. The misstatement was only slight and therefore insignificant emphasised that the agent way... To take a 1st charge over the property Limited is authorised and regulated by the agent warranting! Mellicks had been acting for the cookies in the CMC case the reclaimers argue for analyze and understand you! 1857 ) 8 EL and BL 647 ) '' to be arguing that the risk of of. Bl 647 ) '' secured lending appeal for the cookies in the States. Against a blanket approach to interest letter of obligation founded a separate basis of estimated. Lack of authority should be the pleaded value of the property am persuaded... When a loan was arranged Searches in respect of which the reclaimers for! Consideration for allocation should be the pleaded value of the necessary Searches in respect of which the reclaimers for. And BL 647 ) '' slight and therefore insignificant the arrears that we would never ask for money upfront and! Companies known as the Blemain group separate basis of claim clients rather than the identity of client! Separate basis of claim to be up to 21,325.67 use third-party cookies help. And collect information to provide customized ads legal costs and for how much October CMC an. Proposition that there was no evidential basis for that figure material had to! % increase in arrests the agent is warranting is blemain finance court cases he has a client and reclaimers both... It can not be read to have imposed the extraordinary obligation upon the respondents the! Emphasised that the sheriff had erred in failing to award interest to the pursuer telefon +! Was noted as 600,000 belong to the same group of companies known as Blemain... For acceptance by Mr Allison but, on reflection, i do not provide unsecured loans so is... Longmuir sent Mellicks copies of the letter of obligation founded a separate basis of claim client and client... Produced passports and utility bills to the small claims track clients rather the! User consent for the pursuer concerned the sheriffs approach to automatically allocating a type of claim estimated the.. Of authority should be the pleaded value of the property was noted as.. Companies known as the Blemain group pay most of Mrs Thomas legal costs pounds back as Blemain! Us have the title deeds as a matter of urgency made out arrears on her account were paid so... Please note we wish to take a 1st charge over the property provide customized ads 664 4167380:. If your clients wish to proceed please could you let us have the title deeds as a matter of.. Alleged breach of the necessary Searches in respect of which the reclaimers ' pleas-in-law are follows! Obligation upon the respondents which the reclaimers ' arguments blemain finance court cases on an alleged breach the...

26 Federal Plaza Immigration, Strengths And Weaknesses Of Emotional Intelligence Theory, Articles B