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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 cookie is used to store the user consent for the cookies in the category "Performance". There was also a letter of obligation in the Blemain case. 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. 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. . 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. If the principal proves unreliable, that is something in respect of which the third party could have made inquiries. 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. 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. Click here for a full list of third-party plugins used on this site. You also agree that your information may be used to provide you with details of our services by email or telephone, Terms & Conditions | 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. It does not store any personal data. She went to her local Citizens Advice Bureau who referred her toStephensonsin September 2008. The Lord Ordinary at para 16 of his opinion states: "It is clear that the CMC were provided with a number of documents purporting to confirm the identity and address of the borrowers. Upon receipt of that letter Mr Longmuir wrote to Mellicks confirming that he was taking his clients instructions. Counsel for the reclaimers submitted that the question as to what the nature and extent of the liability was in a particular case was a fact sensitive issue. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. This cookie is set by GDPR Cookie Consent plugin. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). Click here for a full list of Google Analytics cookies used on this site. He explained that the original title deeds had been lost. 3 pages) Ask a . However, despite relying upon Mr Dougans evidence, the sheriff concluded that a price of 160,000 could have been achieved over a further 3 months. The defenders having accepted an offer of 150,000 after the subjects had been on the market for 12 weeks or thereby, the sheriff, therefore, held that the difference between these two figures, viz. [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. In 2007, Blemain brought possession proceedings resulting in a suspended possession order. 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. Title was recorded in the Register of Sasines not in the Land Registry. This is a specific type, in fact probably the original type, of collateral contract: the agent offers to warrant his authority in return for the third party's dealing with his principal.". The warranty did not extend to warranting that the client had title to sue, was solvent, had a good cause of action or defence or had any other attribute asserted on his behalf. At other times however they appeared to be arguing that the letter of obligation founded a separate basis of claim. 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. The fact that, ultimately, lower damages may be recovered does not justify allocating to a lower track. (See paragraph[18] in Wilson). The core proposition, as I understood it, was that the sheriff had failed to afford proper weight to the principle of wrongful withholding and that, in doing so, his refusal to award interest in favour of the pursuer meant that he had erred. While the Lord Ordinary saw that as a separate basis for rejecting the claim, it may be that it is simply another way of expressing the result of the letter being ancillary to a void obligation. [98] BM Solicitors, on the other hand, were a firm providing professional services and, as such, would not normally be expected to do more than carry out those services with reasonable professional skill and care [99] In the present case, BM Solicitors were almost certainly instructed by the self same impostor as had been dealing directly with Excel itself. Merely as agent, therefore, the agent does not warrant that his principal is solvent, or will perform the contract (if any). The instructions to Messrs Mellicks were in similar terms to the instructions given by CMC in the case of Mr and Mrs Cheetham. [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. 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.". It was accepted that steps could be taken, if the Keeper agreed, to effect a first registration in the Land Register. Anyone contracting with such an agent must look to the principal for any redress to which he is entitled as matter of contract. In any event, the sheriff merely records that the defenders had frozen the interest on the shortfall. Have you had a loan with Blemain Finance? 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. A guide to voluntary termination: Your rights. [13] Ground of appeal 3 for the defenders was presented on the hypothesis that the sheriff had been correct to utilise the figure of 160,000 in awarding the pursuer the sum of 10,000 by way of damages. However, you may visit "Cookie Settings" to provide a controlled consent. They received a BT bill addressed to Mr C.P. He informed the court that he did not make it a requirement that new clients should show this to him before he started work on their behalf, but made it clear that they would require to be produced at some point during any work being carried out by him for them. they produced passports and utility bills to the solicitors to support their identity. A woman has had three loans, which were secured against her home, written off thanks to a leading North West law firm, giving renewed hope to thousands of others facing a daily debt nightmare. [7] The Lord Ordinary at para 17 of his opinion held, on the facts, that the representatives of CMC, apart from any matter arising from question of implied warranty of authority, had no specific basis for believing that the solicitors appointed by the borrowers were giving an assurance that their clients were who they said they were or that they lived where they said they lived. 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. (Collen v Wright (1857) 8 EL and BL 647)". We are aware of a financial scam whereby a firm purporting to be Blemain Finance will ask for money upfront for unsecured loans. Reference was made to SEB Trygg. I would be interested to know. Preliminary Hearings and Dates of Inquiry, Dealing With a Deceaseds Estate in Scotland, Divorce and Dissolution of Civil Partnership, Criminal Courts Practice Notes and Directions, AC Messenger-at Arms and Sheriff Officers, Simplified Divorce and Dissolution of Civil Partnership Guidance Notes, Dealing With a Deceased's Estate Guidance Notes, Courts, tribunals and Justice organisations in Scotland, Information for those due to attend or visit court, Information on how some court processes work and action you may want to take, Only judgments of significant points of law or public interest, Procedures and practices which apply to courts. [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. The court also heard that her application form said the loan was for home improvements, capitalisation, not for a house deposit. Ms Sinclair explained to them the effect of the standard security and the interest rates applicable to the loan. BlemainFinance was also ordered to pay most of Mrs Thomas legal costs. The Court should be slow to allocate to a track normally associated with a lower value. 711. The judge said he did not accept that Blemain knew about the real purpose of the loan. [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. Our FCA reference number is 835212. In 2018, Blemain sought to enforce the possession order. A .gov website belongs to an official government organization in the United States. 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. I do not accept the proposition that there was no evidential basis for that figure. The court heard she had written to complain about the high level of interest, and that she said whatever she did, [Blemain] kept adding to her account. In some cases these terms were, in due course, given statutory force in, for example, the Sale of Goods Act, the Bills of Exchange Act etc. 9 August. 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. Obligation in the case of Mr and Mrs Cheetham analytics and third-party (! To an official government organization in the Land Registry analytics and third-party cookies ( the. 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And the interest on the shortfall with such an agent must look to the loan home,.

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