Philbin v Davies

Philbin v Davies

The statutory demand must be set aside because there is a real prospect that the applicant will succeed in establishing that the respondent, as mortgagee, failed to take reasonable steps to obtain the best price in a connected sale, and that the loan agreements may contain unfair terms and penalties under consumer legislation, which could reduce or extinguish the debt.

Parties
Applicant: Kevin Philbin; Respondent: Stewart Davies
Jurisdiction
England and Wales
Judgment Date
22 June 2018
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Statutory demand set aside
Legal Topics
Statutory Demand, Mortgagee's Duty, Connected Sale, Valuation, Unfair Contract Terms, Consumer Credit Act, Penalties
Insolvency Property Consumer Protection Statutory Demand Mortgagee's Duty Connected Sale Valuation Unfair Contract Terms +2 more

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Parties

Kevin Philbin

Applicant

Stewart Davies

Respondent

Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 Whether the statutory demand should be set aside due to genuine dispute on substantial grounds
  2. 2 Whether the mortgagee took reasonable steps to obtain the best price in a connected sale
  3. 3 Whether loan agreements contained unfair terms or penalties under consumer legislation

Ratio Decidendi

The statutory demand must be set aside because there is a real prospect that the applicant will succeed in establishing that the respondent, as mortgagee, failed to take reasonable steps to obtain the best price in a connected sale, and that the loan agreements may contain unfair terms and penalties under consumer legislation, which could reduce or extinguish the debt.

Court Disposition

Statutory demand set aside

Orders

  • Statutory demand issued by Stewart Davies against Kevin Philbin is set aside