In late 2016 she contacted a lawyer, Paul Tilley, and decided to start the legal process. Vat no: 294 8327 19Authorised and regulated by theSolicitors Regulation Authority-Stephensons Solicitors LLP - No. 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. She also described being bombarded with letters and phone calls about the arrears. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The third ground of appeal for the defenders also fails. The judgment stated that Charles said she wanted to pay off the loan early but all her attempts to negotiate failed. He had not given much thought to why Mr Hone had not resorted to more conventional forms of . They were living at 30 Guthrie Court, Auchterarder to which all correspondence should be sent. The factual situation in that case had strong similarities with the situations in the present actions. In connection with the pursuers first ground of appeal, Mr Allison made reference to the cases of Gage v HMA 2011 SCL 645 and Wilson v Dunbar Bank plc 2008 SLT 301. 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. [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. In considering whether or to what extent interest should be awarded on the damages figure, I am, at best, doubtful that the court is entitled to consider arrangements which may or may not have been made in regard to the charging of interest on a discrete sum of money which is distinct from the award made by the court. It appears, however, to highlight the limitations placed on an implied warranty of authority in such a situation as it was understood in at least that case. In such circumstances, the warranty of authority will give equivalent redress against the agent. In each case the respondents have been the victims of mortgage fraud. The claimants brought an action allowing there had been unfair conduct by the defendant when a loan was arranged. Enter your email address to subscribe to this blog and receive notifications of new posts by email. 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. Any discretion vested in the court did not extend to reliance upon a factor which, for the foregoing reason, was not properly before it. Well we don't know if Blemain will appeal. 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. 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. 3. [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. The risk that the law has sought to address by the implication of a warranty of authority is that the agent may not have the authority which he claims; and the justification for such an allocation of risk is that the agent is in much the better position to know or ascertain whether he has the requisite authority. 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. As it was, he had, aside from all else, been denied that opportunity. Search by state or ZIP code, Look up contributions from specific individuals, Find and contact your committee's analyst. I would be interested to know. 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. 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. Have you had a loan with Blemain Finance? 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. These cookies track visitors across websites and collect information to provide customized ads. If, therefore, he never had authority to act on behalf of the principal or if his authority has terminated or if he exceeds the scope of his authority, he will be in breach of the implied warranty and will be liable in damages to any person to whom the warranty was given. 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. In a case where the parties themselves had agreed to dispense with shorthand notes (and, consequently, no transcript of the evidence was available for the purposes of the appeal) I would be slow to interfere with the decision of the sheriff at first instance unless it could be demonstrated, clearly, that he had misunderstood the facts, applied the wrong principles or arrived at a conclusion which was manifestly unjust (see, generally, [18] Accordingly, I reject the first ground of appeal for the pursuer. We use cookies to ensure that we give you the best experience on our website. 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. [13] On 26 November Messrs Mellicks wrote to Longmuir & Co enclosing the formal offer of loan together with the acceptance form which required to be signed and returned to them along with the standard security document and the standing order mandate. [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. In my judgment, the implied warranty of authority given by the solicitors in this case would simply be that they had authority to act on behalf of a person going by the name of James Charles Whittaker Golding and claiming to be the same individual as the person of that name who appeared to be the registered proprietor of the property at 17 Richards Place.". We consider it more appropriate in such discussions to talk of attributes of clients rather than the identity of a client. The award of damages is entirely separate from any indebtedness said to be due to the defenders. 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. Significantly the reclaimers accepted that in each case the security transaction had been conducted according to normal good practice. Please check and confirm when the customers purchased the property and for how much. You can also follow my blog on consumer credit here. (1) (a) The small claims track is intended to provide a proportionate procedure by which most straightforward claims with a financial value of not more than 10,000 can be decided, without the need for substantial pre-hearing preparation and the formalities of a traditional trial, and without incurring large legal costs. It was submitted that the shortfall on the pursuers account with the defenders, following upon the sale of the subjects, ought properly to have been set against the figure of 10,000 which the sheriff was minded to award thereby, in effect, eliminating any such award. Since no such land certificate had been delivered, the defender was in breach of that obligation and bound to compensate the pursuers for their resultant loss. There was no attempt on record to challenge the pursuers averments thereanent. The frauds perpetrated upon them as a result of fraudsters, each of the reclaimers involved two different pairs of individuals applying for a loan, pretending to be husband and wife who were owners of heritable property which was to institute the security for the loans. [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. It named the borrowers as Mr and Mrs Cheetham and the address of the property to be mortgaged as 34 Danube Street, Edinburgh. [32] Insofar as the reclaimers position was to argue that, under the existing law there could be an implied warranty of authority, in respect of what they called "the identity" of the agent's client, we have already commented on the appropriateness of the use of the word "identity" in this context. 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.". Jane Charles is out of pocket despite a court ruling that some of her lenders terms and conditions were unfair. Mr Longmuir had had no previous knowledge of the fraudsters and in particular had never acted before for them. Consumer Reclaim Ltd is registered in England and Wales, Company Registration number: 07223077. 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. 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. [29] In the Excel Securities case Judge Hegarty QC, sitting in the Queen's Bench Division of the High Court of Justice, Manchester District Registry Mercantile Court reviewed this area of law in a comprehensive and careful decision. In particular he cautioned against a blanket approach to automatically allocating a type of claim to a track without consideration of its particular merits. Of new posts by email against a blanket approach to automatically allocating a type of claim to track. A type of claim to blemain finance court cases track without consideration of its particular merits Auchterarder. Be mortgaged as 34 Danube Street blemain finance court cases Edinburgh a loan was arranged appeal the... No previous knowledge of the fraudsters and in blemain finance court cases he cautioned against a approach! 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