Devon & Cornwall Securities Ltd v Armstrong & Anor [2014] NIMaster 1 (7 February 2014)

Devon & Cornwall Securities Ltd v Armstrong & Anor [2014] NIMaster 1 (7 February 2014)

The defendants failed to establish undue influence or an unfair credit relationship. The mortgage was exempt from regulation under section 16C of the Consumer Credit Act 1974. The second defendant was estopped from denying the business purpose declaration. The defendants' evidence was unreliable and did not support...

Source-derived case information.

Citation
[2014] NIMaster 1
Parties
Plaintiff: Devon & Cornwall Securities Limited; Defendant: John Crawford Armstrong; Defendant: Adeline Marie Armstrong
Jurisdiction
Northern Ireland
Judgment Date
07 February 2014
Procedural Posture
Application to Stay and Set Aside Possession Order / Post Possession Order, Application to Set Aside and Defend
Outcome
Applications of the defendants dismissed.
Legal Topics
Possession of Land, Mortgage Enforcement, Undue Influence, Consumer Credit Act 1974, Unfair Credit Relationship, Promissory Estoppel
Property Law Consumer Credit Equity and Trusts Possession of Land Mortgage Enforcement Undue Influence Consumer Credit Act 1974 Unfair Credit Relationship +1 more

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Parties

Devon & Cornwall Securities Limited

Plaintiff

John Crawford Armstrong

Defendant

Adeline Marie Armstrong

Defendant

Procedural Posture

Application to Stay and Set Aside Possession Order / Post Possession Order, Application to Set Aside and Defend

Legal Issues

  1. 1 Whether the mortgage contract was regulated under the Consumer Credit Act 1974
  2. 2 Whether the second defendant acted under undue influence
  3. 3 Whether the credit relationship was unfair under sections 140A and 140B of the Consumer Credit Act 1974

Ratio Decidendi

The defendants failed to establish undue influence or an unfair credit relationship. The mortgage was exempt from regulation under section 16C of the Consumer Credit Act 1974. The second defendant was estopped from denying the business purpose declaration. The defendants' evidence was unreliable and did not support their claims.

Court Disposition

Applications of the defendants dismissed.

Orders

  • Plaintiff allowed its costs of the proceedings before the Master, save for those disallowed relating to an adjourned hearing and costs previously ordered in favour of the defendants.
  • Submissions to be heard on costs relating to an unsuccessful appeal by the plaintiff.