He handed over to Mr Longmuir's secretary a driving licence and electricity bill to be photocopied for identification purposes. We are aware of a financial scam whereby a firm purporting to be Blemain Finance will ask for money upfront for unsecured loans. On the next day, 3 December, they forwarded to Messrs Mellicks the letter of obligation dated 2 December together with extracts of a disposition and discharge "in our clients favour" these being the title deeds already shown to Mellicks under cover of their letter of 17 November. In July 2008,BlemainFinance issued possession proceedings to take Mrs Thomas home in relation to four of the agreements. 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. But they nonetheless carried out their own checks, which were, in fact, similar to those which had previously been carried out by Excel; and, after they had done so, like Excel, they were content to accept that their client was the person whom he represented himself to be". In Blemain Finance Ltd v Goulding, the court had to determine whose interests prevailed, the registered owner of a property or a trustee in bankruptcy who had been unaware of the property and whose alleged interest in it had never been registered. Messrs Mellicks, who had been informed that Balfour and Manson were acting for Mr and Mrs Morgan, wrote to Ms Sinclair on 29 September giving details of the proposed loan and requesting details of the title and the short assured tenancy which they understood was in place in relation to it. 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.". But the risks against which Excel is seeking to be protected in these proceedings are the commercial risks involved in lending to a person who may not be all that he claims to be. The Particulars of Claim estimated the claim to be up to 21,325.67. Borrowing from the Willes J's formulation of the warranty in Collen v Wright, the solicitors here in each case did not more than warrant "that the authority which (they professed) to have, did in point of fact exist". The arrears were cleared and no further action was taken. The proposed security subjects were free of any other mortgage or standard security. Electronic Case Filing & Court Records; BEGIN: Electronic Case Filing; ECF Forms, Instructions, and Other Information; Bar Member/Attorney Information Lookup; PACER; Fee and Payment Information; Court Records 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. He further emphasised that the starting consideration for allocation should be the pleaded value of the claim. 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. [37] Although the obligation assumed in the Cheshire Mortgage letter of obligation was much wider, both in terms of its duration and the content of the obligation, than is normally the case, it was plainly written and delivered as a letter of obligation ancillary to the mortgage transaction being settled on the date of its delivery. The identity of a person is made up from a bundle of qualities or attributes. 3. That is correct insofar as it goes. Please check and confirm that there is nothing that would adversely affect our security on any of the searches. They may also ask that you transfer the money via the Post Office or Western Union. 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, [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, [24] In any event, I reject Ms Hamiltons submissions in so far as they sought to call into question the detail and quality of the evidence before the sheriff all in terms of grounds of appeal 1 and 2 for the defenders and that for the reasons mentioned in paragraphs [17] & [18], 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. Wigan-based law firm, Stephensons, is marking the tenth anniversary of one of its long-standing members of staff. In the law of Scotland the legal foundation of the liability created is described by Gloag on Contract (2nd edition) at page 155 as: "The rule that the assertion of authority implies a contract that the authority exists is of general application". In late 2016 she contacted a lawyer, Paul Tilley, and decided to start the legal process. It does not store any personal data. In the CMC case the reclaimers' pleas-in-law are as follows: "1. 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. [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. As Judge Hegarty observes at page 103 of his judgment however: "It isalmost inconceivable that an agent would agree to this". I would be interested to know. England and Wales Cases page 45. However having gone on to look at the background of the case before him, and having described at para 99 the transaction as proceeding as an "ordinary conveyancing transaction", he concluded at para 100: "In those circumstances, I am quite unpersuaded that BM Solicitors impliedly warranted either the identity of their client or his title to the property in question. Both companies are in the business of secured lending. As in the CMC transaction the "borrowers" subsequently disappeared, the standard security has proved to be a nullity and no recovery has been made of the sums advanced by BFL. The Court should be slow to allocate to a track normally associated with a lower value. By clicking Accept All, you consent to the use of ALL the cookies. [21] The rest of the transaction appeared to proceed in a straightforward and routine manner. It was submitted, in line with the pursuers first ground of appeal, that there was no evidential basis to justify the selection of that particular sum. [38] The Lord Ordinary found support for that view in the opinion of Lord Cameron of Lochbroom in Mason v A & R Robertson & Black 1993 SLT 773, at pp.778G-I and 779I-L. As the Lord Ordinary said at paragraph 74 of his opinion: "The loan transaction, the Standard Security and the letter of obligation are so intermixed that it is difficult to conceive how there could be any obligation on Longmuir & Co under the letter of obligation to produce a title encumbered with a Standard Security which, because of the fraud, was a nullity. 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. 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. Active litigation involving the FEC. However, while this is a good result for her, it will still have proved to be a very expensive loan. ), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions. 1050 First Street, NE 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. The details of the tenancy were in fact provided by Mr Morgan and sent to Mellicks under cover of a letter dated 4 November. In the Cheshire Mortgage Corporation Limited ("CMC") case a separate point also arises as to the meaning and effect of a letter of obligation. If there are doubts as to the realistic value of the claim then there is a mechanism in CPR 26.5(3) to require the claimant to justify their value [17]. The Circuit Judge held that the District Judge had erred in failing to consider fully the value being claimed. The case of Blemain Finance Limited v Ridley [June 2012 Darlington County Court] is such an example. 711. Please note we wish to take a 1st charge over the property. These cookies will be stored in your browser only with your consent. 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. These cookies track visitors across websites and collect information to provide customized ads. 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. The lenders sued the solicitors for their loss on the grounds, inter alia, of breach of warranty authority "as to the identity" of their clients. [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. 9 August. This situation has affected my mental and emotional health, my credit file is ruined, and the funds I expected for my retirement are now also affected.. That is made clear in Bowstead and Reynolds at para 9-066 where the writers state: "The basic warranty is only that the agent has authority from his principal: this is something particularly within the agent's knowledge. The pleaded value of the searches to proceed in a straightforward and routine manner ' pleas-in-law are as follows ``... Of a financial scam whereby a firm purporting to be up to 21,325.67 members of.! Photocopied for identification purposes ), Commission regulations ( Title 11 of agreements. Of secured lending result for her, It will still have proved to be a expensive. 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