hi i need some urgent help and advice pls due to be evicted

[IF]

Re: hi i need some urgent help and advice pls

The goal was to keep Jimmy's children in their home for Christmas, and it looks like job done

I'm pleased for you Jimmy and here's to you and your family

[transformer999]

Re: hi i need some urgent help and advice pls

Something to make us happy about Blemain....as they don't always get what they want...

Cheshire Mortgage Corporation Limited and Blemain Finance Limited v Morna Grandison and Balfour & Manson, 5 September 2012 – Solicitors’ implied warranty of authority



Two Inner House cases in which Cheshire Mortgage and Blemain Finance were the victims of a mortgage fraud and sought to sue the solicitors instructed by the fraudsters (the banks had instructed separate solicitors) for breach of warranty of authority.


In each case the fraudsters had pretended to be persons owning property which they were seeking to use as security for a loan (of £355,000 in one case and £203,000 in the other). They had been able to produce evidence of their identity in the form of utility bills and driving licences to their solicitors and to the banks. In both cases the fraudsters had approached the bank (directly in one case and via a broker in the other) before instructing their solicitors.


The banks argued that, in each case, the solicitors warranted that they had the authority of the individuals who owned the properties over which standard securities were purportedly granted. The solicitors recognised the doctrine of a solicitor giving an implied warranty of authority. However, they contended that it does not go as far as giving a warranty of the identity of the person for whom they act, nor does it include any warranty as to whether he is or is not the owner or occupier of any particular property. In effect the solicitors said that they warranted only that they had authority from persons who were already known to the banks and with whom the banks were already dealing.


Outer house
In the Outer House Lord Glennie found in favour of the solicitors. The circumstances in which the solicitors came to transaction were of particular importance. By the time the solicitors became involved, the banks knew who they were (or who they thought they were) dealing with. They had already made the decision to lend to those individuals. The solicitors had been instructed (by the fraudsters) for the limited purpose of drawing up the loan and security documentation and liaising with the banks’ solicitors.


In one of the cases there was also discussion as to whether the solicitors were liable to the bank in terms of the letter of obligation they had granted. The bank argued that they suffered loss as a result of the solicitors’ failure to procure the title deeds recording the security in terms of the solicitors undertaking. However, Lord Glennie again agreed with the solicitors’ arguments on this point:

• the letter of obligation was collateral to the principal transaction between the bank and the borrowers and could not be enforced if that principal transaction was void; and
• in any event, the bank could show no damages flowing from the failure by the solicitor to produce a title encumbered with the Standard Security, since the Standard Security referred to in the letter of obligation was itself void.

The Inner House refused an appeal of Lord Glennie’s decision.


Inner House –agent’s authority
An agent’s warranty authority is of limited scope. Whilst an agent will impliedly warrant that he has authority to act on his client’s behalf it does not follow that he warrants the identity of his client nor the client’s title to the property in question. Although it would be open to the agent to expressly warrant these things, it is almost inconceivable that the agent would agree to this. The court should not readily impose upon a person rendering professional services an absolute, unqualified obligation amounting, in effect, to a guarantee of his client’s identity and title. Where the risks are commercial risks involved in lending to a person who may not be all he claims to be, there is no reason why the risks should be transferred from a commercial firm to a professional firm such as a firm of solicitors.


Inner House –letter of obligation
The Inner House agreed that the letter of obligation was collateral to the void security transaction (and consequently unenforceable). Also (although it may simply have been another way of expressing the same thing) the Inner House agreed that the bank could show no loss since the obligation to which the letter was ancillary was void.


The full judgement is available from Scottish Courts here.

[transformer999]

Re: hi i need some urgent help and advice pls

Full judgment here:


http://www.scotcourts.gov.uk/opinions/2012CSIH66.html

[transformer999]

Re: hi i need some urgent help and advice pls

right with the help and support from plan b in pm's i managed to go to 2 associations first one was ok but the case is a bit too big for them. I went to citizens advice burea they have told me to pay the arrears and then they will submit an n244 to get the possesion order cancelled. If and when the loan shark needs to claim again they will have to start from scratch which will take a few months to complete gives me enough time.

also they have told me the agreement is unfair and the charges ie renewal charges of £26k are ridiculous. they will be getting someone to look into the agreement in detail as it does not mention 24% interest nor does it say anything clearly about all the charges. even if it did its unfair. so thats some good news there

they have told me write a letter to the loan shark and ask them for a detailed breakdowm of costs,renewal charges and where it states in the agreement about these extorianate charges.

also they have told me to write to the broker and asking them for copys of income and on what grounds they got me the loan on!

theyve also gave me a complaints form to complain to the fla

just need two letters written up professsionally so i can send them in backed up with the mp's (house of common) letter i have

thanks!

secondly

Just an extract from my amended defence....about the charges Blemain charge: I believe on this point alone if Blemain were pulled up that would be in itself to screw them over....but that is just my opinion of course....but know a lot would agree:

Default Charges and Costs added to loan

31. The 2nd Defendant puts the Claimant to strict proof under s140 Unfair Relationship and

UTCCR 1999 to prove that:

(a) Did Monarch Recoveries Limited have their own staff and employees to carry Debt
Collecting Activities on behalf of the Claimant, or was the Claimant using their own staff
pretending to be employees of Monarch Recoveries Ltd.

(b) What term or condition in the agreement states that the Claimant is entitled to
charge £35 a letter and £35 phone call.

(c) Did the 2nd Defendant understand and contract on the basis that she would be liable
for such costs for late payment, default and any other costs that the Claimant is
claiming.

[Susie]

Re: hi i need some urgent help and advice pls

very well done to Jimmy and everyone else involved
Also congratulations to PlanB on the section to be

[cymruambyth]

Re: hi i need some urgent help and advice pls

PlanB is going to be sectioned?

[The Tech Clerk]

Re: hi i need some urgent help and advice pls

PlanB is going to be sectioned?

OOHHHhhhaaaaaaaa

[PlanB]

Re: hi i need some urgent help and advice pls

PlanB is going to be sectioned?

About time too some would say

[jimmyq]

Re: hi i need some urgent help and advice pls

here are some settlement figures they sent me with the latest one which is valid till august 11 2012

just recieved this today valid until 11 october 2012 look at the Admin costs compared to the last statements even the figured dont add up to the total ????

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

£28k renewal fee

[jimmyq]

Re: hi i need some urgent help and advice pls

the figures dont add up anyone got a calculator? see what the total comes to its definately not £91,210.62 they have messed up on the "so called admin costs"


anyhow can everyone start giving me some bullet points for me to write to harpmanor regarding the charges and interest etc need to get some ideas together ready for monday/tuesday once i get the arrears cleared i want to be sending both the broker and harpmanor letters

harpmanor

* ive recieved several letters from monarch Did Monarch Recoveries Limited have their own staff and employees to carry Debt Collecting Activities on behalf of the Claimant, or was the Claimant using their own staff pretending to be employees of Monarch Recoveries Ltd.

*What term or condition in the agreement states that the Claimant is entitled to charge £35 a letter and £35 phone call.

(copied from transformers post)

*break down of admin costs
* break down of renewal fees and why its costs so much ?

rest i need your help guys as mentioned before im not professional and thick as you can get in these things

a special thanks to PLANB who motivated and convinced me via pms. ive managed to pull my finger out and talk to CAB,shelter and some other organisations about this i feel alot better and lighter dont know if the charges will be knocked off or not but im determined to do everything in my power and with the help of you guys to try my utmost!

[Spent2much]

Re: hi i need some urgent help and advice pls

I'm pleased for you Jimmy and here's to you and your family

agree and all the best from me too,

[Spent2much]

Re: hi i need some urgent help and advice pls

the figures dont add up anyone got a calculator? see what the total comes to its definately not £91,210.62 they have messed up on the "so called admin costs"


anyhow can everyone start giving me some bullet points for me to write to harpmanor regarding the charges and interest etc need to get some ideas together ready for monday/tuesday once i get the arrears cleared i want to be sending both the broker and harpmanor letters

harpmanor

* ive recieved several letters from monarch Did Monarch Recoveries Limited have their own staff and employees to carry Debt Collecting Activities on behalf of the Claimant, or was the Claimant using their own staff pretending to be employees of Monarch Recoveries Ltd.

*What term or condition in the agreement states that the Claimant is entitled to charge £35 a letter and £35 phone call.

(copied from transformers post)

*break down of admin costs
* break down of renewal fees and why its costs so much ?

rest i need your help guys as mentioned before im not professional and thick as you can get in these things

a special thanks to PLANB who motivated and convinced me via pms. ive managed to pull my finger out and talk to CAB,shelter and some other organisations about this i feel alot better and lighter dont know if the charges will be knocked off or not but im determined to do everything in my power and with the help of you guys to try my utmost!

Hi Jimmy, you do sound more positive and i am so pleased things are moving now , i will keep everything crossed

[transformer999]

Re: hi i need some urgent help and advice pls

Hi jimmy I am going to bit a bit busy most of the day...but hopefully later on this afternoon and evening I will try my best to post up some good bullet points...lord knows I have enough ....anyone else want to add then that will be great....so please hang in there....

[jimmyq]

Re: hi i need some urgent help and advice pls

Hi jimmy I am going to bit a bit busy most of the day...but hopefully later on this afternoon and evening I will try my best to post up some good bullet points...lord knows I have enough ....anyone else want to add then that will be great....so please hang in there....

hi thanks for this i have a day off tommorow and would like to write all the letters etc tommorow so if you can get everything together for me please it will be appreciated

thanks