Landmark Mortgages Ltd v Bamrah & Anor, Court of Appeal - Queen's Bench Division, August 04, 2017, [2017] EWHC 2041 (QB)

Issuing Organization:Queen's Bench Division
Actores:Landmark Mortgages Ltd v Bamrah & Anor
Resolution Date:August 04, 2017
 
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Case No: QB/2017/0119

Neutral Citation Number: [2017] EWHC 2041 (QB)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ON APPEAL FROM THE CENTRAL LONDON CIVIL JUSTICE CENTRE

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 04/08/2017

Before :

MR JUSTICE TURNER

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Between :

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Nicholas Broomfield (instructed by Walker Morriss LLP) for the Claimant and Appellant

Yamin Bamrah appeared in person

Hearing dates: 25th July 2017

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JudgmentMr Justice Turner :

INTRODUCTION

  1. Mr and Mrs Bamrah lived together at 123 Breamore Road, Ilford, Essex until his death on 22 November 2009. Mr Bamrah had purchased the property in his sole name with the aid of a mortgage in 2000 and had subsequently re-mortgaged the property in August 2003. Under the terms of the re-mortgage, Mr Bamrah had obtained an advance in the sum of £200,000 from Northern Rock Asset Management plc. The appellant, Landmark Mortgages Limited, is the legal successor to Northern Rock.

  2. Under the terms of the re-mortgage, the accumulated debt thereunder fell due immediately upon Mr Bamrah's death. It was not paid and so Landmark started proceedings for possession of the property and for payment of the arrears. The procedural history thereafter is far too tedious and complicated to rehearse in this judgment. Fortunately, it is also irrelevant. Suffice it to say that the matter eventually came before HHJ Faber for trial in February 2017.

  3. Mrs Bamrah defended the claim on the ground that she enjoyed an overriding interest in the property. On this point she lost and she does not appeal against this finding.

  4. Landmark had claimed a debt in the sum of £355,475.54. The Learned Judge, however, awarded them only £200,000. It is against this heavy discount which Landmark now appeals to this Court with the leave of the single judge.

    THE REASONING BELOW

  5. The Judge started off from the uncontroversial premise that she would normally accept the computerised record of debt presented by Landmark as being accurate. In the event, however, she rejected the accuracy of the records on the basis of her interpretation of the contents of a paragraph in the witness statement of one Mr Smith who was employed as a specialist collector by Computershare Mortgage Services which was the company responsible for the management of the Northern Rock mortgage account.

  6. The cause of the Judge's concern was composite photocopy on one sheet of paper of nine cheque stubs which had been disclosed by Mrs Bamrah and were appended to Mr Smith's witness statement. Each stub recorded payment of the sum of £500. Six of the stubs identified Northern Rock as the payee and were endorsed in Mrs Bamrah's own hand with express reference to the mortgage. These six...

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