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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Thavarajan Tharajan Thavenesan v Paragon Glass Services Limited (Charges and charging orders : Other) [2018] UKFTT 327 (PC) (23 May 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/2016_0411.html
Cite as: [2018] UKFTT 327 (PC)
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Thavarajan Tharajan Thavenesan v Paragon Glass Services Limited (Charges and charging orders : Other) [2018] UKFTT 327 (PC) (23 May 2018)
[2018] UKFTT 327 (PC). Applicant purchased a property with two charges registered against the title. One, in favour of a bank was redeemed by the Solicitors Compensation Fund. The second was in favour of Respondent, stated to secure £75,000 lent by Respondent to Applicant-™s predecessor in title. Applicant applied to cancel the charge. Respondent objected on the grounds that the discharge in form DS1 was only delivered in escrow pending payment of the debt. Held that the DS1 was delivered in escrow. The solicitor acting for the vendors when Applicant purchased did not have actual or ostensible authority to act for Respondent. Applicant-™s remedy is to rely on the solicitor-™s undertaking (or the Solicitors Compensation Fund: the SRA had intervened and the firm closed down).
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