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

[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

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.

[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

[PlanB]

Re: hi i need some urgent help and advice pls

Great news about the Housing Section, PlanB! Well deserved!

Elsa x

I'm sure Plan B's Housing Bubble will be a very busy section as long as the OFT and FSA allow loan sharks like Blemain and Harpmanor to carry on treating people like Jimmy so disgracefully This case involves an unlicenced DCA too

[Undercover Elsa]

Re: hi i need some urgent help and advice pls

Brilliant job! So pleased for you Jimmy

[PlanB]

Re: hi i need some urgent help and advice pls

Congratulations from me too PlanB

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

[IF]

Re: hi i need some urgent help and advice pls

Congratulations from me too PlanB

[Undercover Elsa]

Re: hi i need some urgent help and advice pls

Great news about the Housing Section, PlanB! Well deserved!

Elsa x

[PlanB]

Re: hi i need some urgent help and advice pls

I would ask a solicitor whether this order only refers to the arrears as they stood on 20th April 2009 because you've implied in your posts that those have been paid up to date some time ago and you've continued to pay the normal monthly payments since then (albeit late at times). Ask whether that means you have now satisfied the original order.

This was the best bit of news. Once you had paid off those first arrears in 2009 you had satisfied the original order and the lender had no right to keep using it as a way of getting more and more Eviction Warrants just to frighten you into paying their outrageous charges over the following three years

As soon as the CAB has processed your application to get that order stopped then the lender can't do this to you again without a whole new application for possession which you can not only defend but make a healthy counterclaim

Just don't leave it so late next time

[jimmyq]

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

[PlanB]

Re: hi i need some urgent help and advice pls

First things first,

Turning to the loan, it sounds to me very much like irresponsible lending here if im understanding it rightly.

Im just about to sit down for some food, but ill try and get back aspa, or in the morning but please try not to worry. There are lots of things to consider here so lets not rush.

Something tells me that Paul may have been right first time round with his assessment of the situation A message from Jimmy says he may be posting good news on this thread soon

Although it does seem Jimmy took Paul's advice "let's not rush" a bit too seriously when only finding a way out of the problem 6 days before his eviction

Let's wait and see what he has to tell us later

[PlanB]

Re: hi i need some urgent help and advice pls

If you're happy for this then I will set it in motion, should be a couple of days then we'll have the new section.

Obviously, planB - just confirm that you're happy for this and I will go ahead and set it all up

:niddy

I can't wait, although I may need a little technical support from time to time

Regrettably my IT mentor (FP) has decided to sod off on holiday for a week so it may get off to a slow start

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

If you're happy for this then I will set it in motion, should be a couple of days then we'll have the new section.

Obviously, planB - just confirm that you're happy for this and I will go ahead and set it all up

:niddy

[Henryhatter]

Re: hi i need some urgent help and advice pls

I think a section for PlanB would be great.

Me too! Very helpful on housing matters. I know where I'll come if ever I get in this type of trouble.

[PlanB]

Re: hi i need some urgent help and advice pls

Maybe if there was a section they would find information earlier....

Exactly I've got loads of fact sheets to post up to prevent a situation like this happening again. I'll do that so long as I live until next Thursday