GE MONEY SECURED LOANS LTD v (FIRST) BRIAN BISSELL MACBRIDE AND (SECOND) LINDA RAE MACBRIDE [2016] ScotSC 62 (26 September 2016)

GE MONEY SECURED LOANS LTD v (FIRST) BRIAN BISSELL MACBRIDE AND (SECOND) LINDA RAE MACBRIDE [2016] ScotSC 62 (26 September 2016)

Proof allowed only on averments relating to failure to serve Initial Writ and calling-up notices, and whether execution of diligence was wholly unjustifiable; all other averments regarding arrears, forms, and certificates excluded as irrelevant.

Citation
[2016] ScotSC 62
Parties
Pursuer: GE Money Secured Loans Ltd; Defender: Brian Bissell MacBride; Defender: Linda Rae MacBride
Jurisdiction
Scotland
Judgment Date
26 September 2016
Procedural Posture
Civil / Judgment on Relevancy and Procedural Orders
Outcome
Proof allowed on limited averments; remaining averments excluded from probation.
Legal Topics
Standard Security, Repossession, Diligence, Damages, Calling Up Notice
Property Law Secured Lending Civil Procedure Standard Security Repossession Diligence Damages Calling Up Notice

Case Brief

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Parties

GE Money Secured Loans Ltd

Pursuer

Brian Bissell MacBride

Defender

Linda Rae MacBride

Defender

Procedural Posture

Civil / Judgment on Relevancy and Procedural Orders

Legal Issues

  1. 1 Whether enforcement of a decree for recovery of possession without proper calling-up notice gives rise to a claim for compensation
  2. 2 Whether execution of diligence following decree was wholly unjustifiable or wrongful
  3. 3 Relevancy of averments regarding arrears, forms, and certificates under the 1970 Act

Ratio Decidendi

Proof allowed only on averments relating to failure to serve Initial Writ and calling-up notices, and whether execution of diligence was wholly unjustifiable; all other averments regarding arrears, forms, and certificates excluded as irrelevant.

Court Disposition

Proof allowed on limited averments; remaining averments excluded from probation.

Orders

  • Appoint case to procedural hearing to identify averments for exclusion or enquiry
  • Determine issue of expenses