GMAC RFC Ltd v Grant-Sinclair & Anor [2001] EWCA Civ 1793 (19 November 2001)

GMAC RFC Ltd v Grant-Sinclair & Anor [2001] EWCA Civ 1793 (19 November 2001)

The respondent, as registered transferee of the legal charge, was entitled to enforce the mortgage and recover the principal and contractual interest. Alleged irregularities in the agreement and issues of beneficial ownership were irrelevant to the respondent's legal right. The Consumer Credit Act 1974 argument was raised too late and unsupported by evidence.

Citation
[2001] EWCA Civ 1793
Parties
Claimant/respondent: GMAC RFC Limited; Defendant/applicant: Michael Grant-Sinclair; Defendant/applicant: Christine Grant-Sinclair
Jurisdiction
England and Wales
Judgment Date
19 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Mortgage Enforcement, Transfer of Charge, Securitisation, Consumer Credit Act 1974, Extension of Time for Appeal
Property Law Consumer Credit Law Mortgage Enforcement Transfer of Charge Securitisation Consumer Credit Act 1974 Extension of Time for Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

GMAC RFC Limited

Claimant/respondent

Michael Grant-Sinclair

Defendant/applicant

Christine Grant-Sinclair

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the respondent was entitled to enforce the mortgage as legal holder of the charge
  2. 2 Whether alleged irregularities in the mortgage agreement (signing in blank, interest rate, term) provided a defence
  3. 3 Whether the applicants could challenge the interest rate under the Consumer Credit Act 1974

Ratio Decidendi

The respondent, as registered transferee of the legal charge, was entitled to enforce the mortgage and recover the principal and contractual interest. Alleged irregularities in the agreement and issues of beneficial ownership were irrelevant to the respondent's legal right. The Consumer Credit Act 1974 argument was raised too late and unsupported by evidence.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused