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 three disputed cheque stubs evidenced payments to Northern Rock, as there was no proper evidential basis for this conclusion. The claimant's computerised records were not undermined, and the full debt of £355,457.54 is due. There was no evidence that Mrs Bamrah could pay this sum within a reasonable period, so possession must be granted to the claimant.

Citation
[2017] EWHC 2041 (QB)
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 / Judgment on Appeal From Trial Court
Outcome
Appeal allowed. Judgment for claimant for £355,457.54. Order for possession granted.
Legal Topics
Mortgage Possession, Debt Recovery, Overriding Interest, Appeal Procedure
Property Law Civil Procedure Mortgage Possession Debt Recovery Overriding Interest Appeal Procedure

Case Brief

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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 / Judgment on Appeal From Trial Court

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 claimant was entitled to possession of the property

Ratio Decidendi

The trial judge erred in finding that the three disputed cheque stubs evidenced payments to Northern Rock, as there was no proper evidential basis for this conclusion. The claimant's computerised records were not undermined, and the full debt of £355,457.54 is due. There was no evidence that Mrs Bamrah could pay this sum within a reasonable period, so possession must be granted to the claimant.

Court Disposition

Appeal allowed. Judgment for claimant for £355,457.54. Order for possession granted.

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 in favour of Landmark Mortgages Limited