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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Swift Advances plc v Norma Hortense Beharie (Charges and charging orders : Charges and charging orders) [2019] UKFTT 248 (PC) (20 March 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/248.html
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Decision summary
REF/2017/0052
| Case reference | REF/2017/0052 |
|---|---|
| Date of decision | 20/03/2019 |
| Adjudicator | Mr Roger Cohen |
| Applicant | Swift Advances plc |
| Respondent | Norma Hortense Beharie |
| Main Category & Sub Category | |
| Category | Charges and charging orders |
| Sub Category | Construction |
| Secondary Category & Sub Category | |
| Category | Charges and charging orders |
| Sub Category | Construction |
| Decision notes | [2019] UKFTT 248 (PC). The terms of a legal charge of Blackacre given by Respondent to Applicant included a condition that Respondent agreed to give Applicant a legal charge over any legal interest in any property Respondent may have then. As at the date of the legal charge, Respondent was the registered proprietor of Whiteacre which was her home. Respondent applied to cancel an agreed notice entered by Applicant over Whiteacre on the basis that there was no agreement to charge or if there was it was unenforceable under consumer credit legislation, unfair contract terms and Financial Services and Markets Act 2000. These points all failed. Held that on the true construction of the legal charge of Blackacre, it took effect as an enforceable agreement to charge Whiteacre. |
| Download decision(s) | [2019] UKFTT 248 (PC) |