ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION
(HIS HONOUR JUDGE HODGE QC
Sitting as a Judge of the High Court)
Strand London, WC2A 2LL |
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B e f o r e :
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LSC FINANCE LIMITED |
Respondent |
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ABENSONS LAW LIMITED T/A ABENSONS SOLICITORS |
Applicant |
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8th Floor, 165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 704 1424
Web: www.DTIGlobal.com Email: TTP@dtiglobal.eu
(Official Shorthand Writers to the Court)
The Respondent did not attend and was not represented
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Crown Copyright ©
Lord Justice Kitchin:
"Original Executed Security
Please note that we must be either holding the original, validly executed security prior to completion or you provide an undertaking of the same."
"Dear Sirs
Re: LSC Finance Limited ('LSC') – Gail Ann Boddice ('The Borrower') – Richard Harold Albert Boddice ('Guarantor') – 2 Howey Hill, Congleton, Cheshire, CW12 4AF (title number CH245246) ('the Property')
This undertaking is given in connection with the completion of legal charge by the Borrower in favour of LSC over the Property in connection with the loan from LSC to the Borrower.
In consideration of LSC completing the loan to the Borrower we undertake as follows:-
1 We confirm the execution of:-
(a) The first legal charge by the Borrower in favour of LSC over the Property ('the Charge');
(b) The Declaration for exemption relating to Business (Declaration).
(c) The Personal Guarantee by the Guarantor.
2 We also hold sufficient funds to pay the Land Registry fee for registration of the Charge in favour of LSC and restrictions.
3 Within 7 working days of completion, we will complete the registration of the Charge against the Borrower as a first legal charge on the Property. We will send to the Land Registry the Charge and requisite registration fee with form(s) AP1, RX1 and all relevant documents (including certified copies of the Charge) to register the Charge at the Land Registry."
Order: Application refused