[12] On 12 November 2004 Mr Longmuir received a letter from Messrs Mellicks which was dated 11 November. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). Once costs including the brokers fee and an arrangement fee, had been added, the total sum was 33,038. District Court Opinions; Unsealed Orders, Opinions, Documents and Docket Reports; Standing Orders; Guantanamo Cases; Links to Other Courts; ECF & Court Records. . 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. 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 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 . 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. 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". The reclaimers have been unable to recover the sums advanced. [28] The principal argument advanced by the reclaimers, in the present actions, as to the nature and extent of the implied warranty of authority given by a solicitor in acting for clients in the granting of a security over a property in return for a loan being made to them by a professional lender fell to be considered in a recent English case Excel Securities v Masood [2010] Lloyds Rep. P.N. The case has been quoted in an number of legal commentaries including Lexis, Practical Law and Civil Litigation Brief. Im 66 and into my retirement I didnt expect to be in this position of still owing this debt. Have you had a loan with Blemain Finance? 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. Beyond that, no further case had been made out. She also described being bombarded with letters and phone calls about the arrears. [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. 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. Analytical cookies are used to understand how visitors interact with the website. All times are GMT. 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. They lend both to individuals and corporate borrowers against security provided by the borrowers, normally in the form of a standard security over heritable property. You're using Internet Explorer, some features might not work. By clicking Accept All, you consent to the use of ALL the cookies. Its parent company, Together Financial Services, describes itself as one of the UKs leading specialist mortgage and secured loan providers. 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. (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). Registration is recorded at: https://register.fca.org.uk. It could, therefore, not be said that the obligation could not be complied with. 30101 et seq. Necessary cookies are absolutely essential for the website to function properly. Longmuir & Company on 7 December wrote to Mr and Mrs Cheetham at 34 Danube Street advising them that the foregoing had been carried out and that the balance of funds after deduction of their fee had been forwarded as instructed by telegraphic transfer. The claimants appealed the decision to allocate the matter to the small claims track. In the correspondence the security address was, and this was apparent from other documentation, 3 Mentieth View. When applying CPR 26.8(1)(c), if a case has sufficient legal complexity such that a litigant in person could not reasonably conduct the trial, it is unlikely to be appropriate for the small claims track. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The case was re-allocated to the fast track. 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 pursuers and reclaimers in both cases belong to the same group of companies known as the Blemain Group. We consider it more appropriate in such discussions to talk of attributes of clients rather than the identity of a client. 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. Mr Longmuir admitted at the proof that there was an error in that letter. Mr and Mrs Morgan attended, as requested, on 23 November. It concerned the issue of whether, and if so when, an arrears payment had been received.. 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. Having done so, it decided to proceed with the proposal and enter into a transaction with the impostor, albeit on the mistaken footing that his name was James Charles Whittaker Golding, the owner of the property in question. Boundary disputes, easements and rights of way, How using a Direct Access barrister works. [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. 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. They received a BT bill addressed to Mr C.P. 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. In relation to the latter authority, passages at paragraphs [17] and [18] within the opinion of the Extra Division of the Inner House were referred to. 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. Any discretion vested in the court did not extend to reliance upon a factor which, for the foregoing reason, was not properly before it. Both of these letters were headed "34 Danube Street". I do not consider that they gave any implied warranty going beyond this". 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. In July 2008, Blemain Finance issued possession proceedings to take Mrs Thomas' home in relation to four of the agreements. 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. 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. 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.". Reference was also made in Judge Hegarty's judgment to the case of Bristol and West Building Society v Fancy and Jackson [1997] 4 All ER 582, Bowstead and Reynolds particularly at para 9-065, SEB Trygg and a number of other English authorities. The fourth ground of appeal for the pursuer was not insisted upon. They may also ask that you transfer the money via the Post Office or Western Union. Mr Allison maintained that the sheriff had indulged in speculation rather than relying upon the evidence. They claimed she owed 52,000. We have reached the clear conclusion that the decision in Excel Securities was correct and is good law for Scotland. 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. 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. 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. It named the borrowers as Mr and Mrs Cheetham and the address of the property to be mortgaged as 34 Danube Street, Edinburgh. 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? 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. There was also a letter of obligation in the Blemain case. The District of Columbia Courts now has eight community courts: DC Community Court, Mental Health Community Court, 1D Community Court, 2D/4D Community Court, 3D Community Court, 5D Community Court, 6D Community Court, and 7D Community Court. 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. Our FCA reference number is 835212. 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. 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. Together with the instructions were included a valuation of the secured subjects by DM Hall and copies of driving licences for both Mr and Mrs Morgan for identification purposes. His dealings were with Mr Cheetham. 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. Please revert this information back to us.". The sheriff records therein that, to some extent, he was influenced by the evidence given by John Dougan, chartered surveyor. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 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. 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. On 27 October CMC issued an offer letter addressed to Mr and Mrs Cheetham, referred to as "the Borrowers". 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 Court should be slow to allocate to a track normally associated with a lower value. [7] The second ground of appeal for the pursuer concerned the sheriffs approach to interest. Share sensitive information only on official, secure websites. On 30 November Messrs Mellicks sent Longmuir & Company a cheque in the sum of 350,220.50 representing the loan of 354,868 less certain fees and dues. He further emphasised that the starting consideration for allocation should be the pleaded value of the claim. Debt Camel - Getting Out Of Debt UK, Follow Consumer Credit Litigation, Banking & Debt Collection on WordPress.com. 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. In addition, two of the agreements contained Payment Protection Insurance, known as PPI, costing between 800 and 1,500. The judge said he did not accept that Blemain knew about the real purpose of the loan. 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. This came about by Mr Morgan telephoning Balfour and Manson's offices and asking to speak to a solicitor in connection with the granting of a standard security over a property. She took out the loans for home improvements, debt consolidation and to purchase a car, with the amounts borrowed each time ranging from 5,000 to 10,000. [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. Call urgently as time is running out for customers to claim as it can be no longer than 6 years from when you paid your loan off to claim. You also agree that your information may be used to provide you with details of our services by email or telephone, Terms & Conditions | [3] The sheriff had issued an ex tempore judgment. Superior Court. 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. You also have the option to opt-out of these cookies. 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. They would, of course, have warranted that they had authority to act on behalf of their client. Mr Longmuir wrote down a mobile telephone number which they gave him for the purposes of contacting them. 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. In each case, two individuals stole the identities of innocent . The terms of the loan were set out in the letter. Please note we wish to take a 1st charge over the property. Upon receipt of that letter Mr Longmuir wrote to Mellicks confirming that he was taking his clients instructions. Telefon: + 43 664 4167380 Email: office@herdz.at . 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. Mr Allison contended that that approach to matters was entirely illegitimate and that interest should have been allowed. Active litigation involving the FEC. 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. That particular feature was criticised by Mr Allison but, on reflection, I do not consider such criticism to be merited. 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. 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. 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. That is correct insofar as it goes. The instruction letter to Messrs Mellicks noted that a copy of the borrowers' identification documents and a copy of the valuation of the property over which the security was to be taken would follow. On 22 November Mr Longmuir sent Mellicks copies of the prior title deeds which he had obtained from Miller & Bryce. Whilst as per the belief that he was instructed by the husband, which he was, and for the wife, which he was not. In the BFL case Messrs Balfour & Manson were instructed by the borrowers to prepare the appropriate standard security, in favour of BFL Both firms of solicitors then engaged with Messrs Mellicks Solicitors, acting for the lenders, in relation to the execution of the standard securities. . Washington, DC 20463, Federal Election Commission | United States of America. 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. The sheriff principal, having resumed consideration of the pursuer's appeal and the defenders' cross-appeal, refuses the latter and in respect of the former allows same in part; varies the. The report stated that the property had been inspected on 2 November and the valuation was in the sum of 600,000. The value of the property was noted as 600,000. He also advised the secretary that payment of the funds was to be made electronically to "Elmwood Contracts". 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. Mis-Sold Self-Invested Personal Pension (SIPP), Kings Norton family in doomed flat so cold and damp they live in coats and dressing gown, What is black mould and what health problems can it cause, Death of two-year-old from mould in flat a defining moment, says corone, Streetwise: Portsmouth womans heartbreak as foam insulation scam leaves her home virtually worthles. The Court should be the pleaded value of the loan were set out the! The case has been quoted in an number of visitors, bounce rate, source! Money via the Post Office or Western Union added, the total sum was 33,038 would... 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Is encouraged also to consult the Federal Election Campaign Act of 1971, as,.