COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM MIDDLESBROUGH COUNTY COURT
(HIS HONOUR JUDGE BRIGGS)
Strand London WC2 |
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B e f o r e :
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BARCLAYS BANK PLC | ||
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JOHN WILLIAM ARMSTRONG |
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Smith Bernal Reporting Limited
180 Fleet Street, London EC4A 2HD
Telephone No: 0171-421 4040/0171-404 1400
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
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Crown Copyright ©
"The legal charge over the property and the life policy mortgage will normally be taken on the Bank's standard forms which are designed to secure all liabilities to the Bank. However, the Bank will not without your prior written agreement rely on the legal charge or the life policy mortgage as security for any liability other than that for repayment of the Home Mortgage and interest thereon, any sums expended by the Bank in respect of the property or in preserving or enforcing its security in accordance with the terms of the charge forms, and any debit balance on any cheque account to which you (or any of you) are a party to the extent that such debit balance has been created by interest charged on the Home Mortgage or by the payment of premiums on the approved life policy and the buildings insurance policy."
"Supreme House, Hesleden Road, Blackhall Colliery, County Durham
We hereby agree, acknowledge and confirm as follows:-
1. Notwithstanding the terms of the Home Mortgage facility letter dated 21st July 1988, any liabilities from time to time of John William Armstrong and Barbara Armstrong to you, whetherjoint or several and whether in respect of fluctuating overdrafts or otherwise are and will be secured by the legal charge dated 30th August 1988, over the property described above made between John William Armstrong and Barbara Armstrong and Barclays Bank PLC.
2. That in the event of failure to pay any monies due and payable to you in respect of the liabilities referred to in clause 1 above you will, in addition to your other legal rights, have the right to demand repayment of the Home Mortgage in full with immediate effect."
"I, John William Armstrong, strongly deny any knowledge of this letter dated 3rd April 1989. I also deny ever signing my signature to any legal charges relating to this letter and its contents."