Wishart v Credit & Mercantile Plc [2015] EWCA Civ 655 (06 July 2015)

[Legal Beagles]

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[Freeornothing]

Re: Wishart v Credit & Mercantile Plc [2015] EWCA Civ 655 (06 July 2015)

This is a scary judgement.Outrageously unfair and another powerful string to the bow of lenders where even if they lose their argument they can recover ALL their costs on an indemnity basis!The victim of the fraud has been hammered by the courts here!

[Crazy council]

Re: Wishart v Credit & Mercantile Plc [2015] EWCA Civ 655 (06 July 2015)

Interesting one that one.

The financial arraignment between the partys seems dodgy, and possibly set up to avoid taxes and other costs,

.Outrageously unfair and another powerful string to the bow of lenders where even if they lose their argument they can recover ALL their costs

mortgagee contracts are still contracts, with terms, and it really does cost a lot in time when you planning to recover assets like this. On this, i think the reasoning is sound, i also think, the whole plot looked initially like a tax dodge,

[Freeornothing]

Re: Wishart v Credit & Mercantile Plc [2015] EWCA Civ 655 (06 July 2015)

So what we saying is that you can speculate that it's a tax dodge without any foundation and then act with bias on that basis?

[Freeornothing]

Re: Wishart v Credit & Mercantile Plc [2015] EWCA Civ 655 (06 July 2015)

Anyone who is concerned about law and mission creep should be utterly terrified of the outcome of this case.The judge the first time around ruled that the victim of the fraud had won on all the factual points argued in this case.The victim lost on a technicality and 65% of the costs of the lender were awarded.At appeal the judges ruled that the lender can now take all of their costs on an indemnity basis from the equity left over from the sale of the house which belonged to the victim of the fraud.Bearing in mind that the victim never took the loan out and knew nothing about it in the first place.Utterly,Utterly wrong!