Landmark Mortgages Ltd v Bamrah & Anor [2017] EWHC 2041 (QB) (04 August 2017)

Landmark Mortgages Ltd v Bamrah & Anor [2017] EWHC 2041 (QB) (04 August 2017)

The trial judge erred in finding that the disputed cheque stubs evidenced payments to Northern Rock not reflected in the transaction statement. There was no evidential basis for reducing the debt below the sum claimed by Landmark. The appeal is allowed and judgment is entered for the full amount of £355,457.54.

Citation
[2017] EWHC 2041
Parties
Claimant and Appellant: Landmark Mortgages Limited; Defendant and Respondent: Yamin Bamrah (Personal Representative for the Estate of Mavinder Singh Bamrah); Defendant and Respondent: Yasmin Bamrah
Jurisdiction
England and Wales
Judgment Date
04 August 2017
Procedural Posture
Appeal / High Court Judgment on Appeal From Central London Civil Justice Centre
Outcome
Appeal allowed. Judgment for Landmark Mortgages Limited for £355,457.54. Order for possession against Mrs Bamrah.
Legal Topics
Mortgage Possession, Enforcement of Mortgage Debt, Overriding Interests, Appeal Procedure
Property Law Civil Procedure Mortgage Possession Enforcement of Mortgage Debt Overriding Interests Appeal Procedure

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Parties

Landmark Mortgages Limited

Claimant and Appellant

Yamin Bamrah (Personal Representative for the Estate of Mavinder Singh Bamrah)

Defendant and Respondent

Yasmin Bamrah

Defendant and Respondent

Procedural Posture

Appeal / High Court Judgment on Appeal From Central London Civil Justice Centre

Legal Issues

  1. 1 Whether the trial judge erred in reducing the mortgage debt owed to the claimant from £355,457.54 to £200,000 based on disputed cheque stubs
  2. 2 Whether the evidence supported the finding that additional payments had been made to the mortgagee and not credited
  3. 3 Whether the conditions for suspending possession under section 36 of the Administration of Justice Act 1970 were met

Ratio Decidendi

The trial judge erred in finding that the disputed cheque stubs evidenced payments to Northern Rock not reflected in the transaction statement. There was no evidential basis for reducing the debt below the sum claimed by Landmark. The appeal is allowed and judgment is entered for the full amount of £355,457.54.

Court Disposition

Appeal allowed. Judgment for Landmark Mortgages Limited for £355,457.54. Order for possession against Mrs Bamrah.

Orders

  • Judgment for Landmark Mortgages Limited against Mrs Bamrah (as personal representative) in the sum of £355,457.54
  • Order for vacant possession of the property to Landmark Mortgages Limited