WebCityland and Pr operty v. Dabrah and Multiservice Bookbinding v. Mar den; and secondly, section 140A and B of the Consumer Credit Act 1974 ... the true market value of the property on sale – see Cuckmer e Brick Co Ltd v. Mutual Finance . Ltd. Cases such as Silven Pr operties Ltd v. Royal Bank of Scotland, Aodhcon LLP v. Bridgeco The plaintiffs, Cityland, sold a house to a former tenant for £3,500. The tenant paid £600 in cash and took out a mortgage from the plaintiffs for the remaining £2,900 over six years. There was no provision for the payment of interest. Instead the mortgage contained a premium of £1,653 that represented 19% … See more The defendant sought equitable relief against the premium charged on the grounds that it was an unreasonable collateral advantage. … See more The court held that it would grant relief against a collateral advantage if was unconscionable, paying particular attention to the size of the advantage. This meant the advantage could not be unfair or unreasonable. … See more
Mortgages
WebCityland property v Dabrah - FoC < EoR because interest rate 7 - 19% in 60s Davies v Directloans FoC > EoR 21% interest upheld because of market in 80s Explain the importance of Multiservice bookbinding v Marden, cityland properties v Dabrah and Davies v direct loan Webwarnborough v garmite different to jones v morgan: 1. jones- lapse in time (option to repurchase 8 years later) warnborough- all in one contract 2. courts will not take words used in the agreement as definitive. just because it is called a mortgage does not automatically make it a mortgage. look at nature and purpose of arrangement. open board view schematic files
Cityland and Property (Holdings Ltd) v Dabrah
WebRestraint of trade clauses may be struck out as being against public policy or competition law WebCityland Properties v Dabrah Borrower had been a tenant for 11 years, landlord wouldn't renew lease. Mortgage terms offered, 19% to 57% if late. Court didn't allow the term, lender had abused their position. Multiservice v Marden Terms unchanged. 10 year postponement of redemption. 38% interest. WebFour-Maids Ltd v Dudley Marshall (Properties) Ltd Having a lease means that the mortgagee has the right to take possession of the property 'before the ink is dry on the mortgage' even if the repayments of the loan are made in accordance with the agreement Regent Oil Co v Gregory openboardview software