|
Post by ron on Sept 11, 2019 17:54:16 GMT
This is a fair question. I haven't looked at Unbolted's T&Cs yet, but, if the borrower doesn't pay this legal bill and also defaults on his loans, I wonder whether the platform has the right to deduct the £42k from the proceeds of the assets, before they repay investors... I tend to believe they don't, since this legal proceeding is independent from the loan recovery per se. Any thoughts on this? These are protected loans and so even if UB take the course of action you set out (which I doubt) UB have to make up any shortfall on capital to lenders from their own funds. Any failure to do so would wreck the platform as lenders would lose all trust. Just my view for what it is worth. Cheers P I agree that, even if they theoretically could, it would be terrible choice from the trust standpoint. Also, I understand those are loans covered by the Provision Fund, but does anyone know / is it disclosed how much money is in the Provision Fund?
|
|
Mousey
Member of DD Central
Posts: 1,598
Likes: 6,768
|
Post by Mousey on Sept 13, 2019 16:41:58 GMT
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES BUSINESS LIST (ChD)
Before: Chief Master M****
Tuesday the 10th day of September 2019
B E T W E E N : *AM Claimant
- and –
OPEN ACCESS FINANCE LIMITED Defendant
---------------------------------------------------------- ORDER ---------------------------------------------------------
UPON the applications of the Claimant by notices dated 10 April 2019 and 15 May 2019 AND UPON HEARING the Claimant, a solicitor, and Blanky McBlankface, Counsel, for the Defendant
IT IS ORDERED that: 1. The Claimant’s applications dated 10 April 2019 and 15 May 2019 are dismissed.
2. Pursuant to CPR Part 19.6, Open Access Finance Limited is hereby added as Second Defendant to act as representative for all of the lenders with whom the Claimant has entered into contracts as borrower through the platform operated by the Defendant and which are the subject of the claim in these proceedings.
3. The Claimant shall file and serve an Amended Claim Form and Amended Particulars of Claim by 4pm 27th September 2019.
4. The Defendants shall file and serve their Defences by 4pm 25th October 2019.
5. The Claimant do pay the Defendant’s costs of the two applications summarily assessed in the sum of £42,500 by 4pm 4th October 2019.
6. This order shall be served by the Defendant on the Claimant.
Service of the order A copy of the sealed order was sent by the Defendant to: (1) *AM, solicitors for the Claimant at ***, reference AM, by post.
|
|
|
Post by nooneere on Sept 13, 2019 18:00:50 GMT
Thank you Mousey.
In the celebrated London Loan case back in May, the legal costs imposed on the borrower were £329K.
There is NO WAY our borrower is going to pursue this further. He needs to be sectioned for his own good if he does.
|
|
michaelc
Member of DD Central
Say No To T.D.S.
Posts: 5,703
Likes: 2,981
|
Post by michaelc on Sept 16, 2019 17:15:57 GMT
I look forward to Unbolted demanding payment after Oct 4.
|
|
Mousey
Member of DD Central
Posts: 1,598
Likes: 6,768
|
Post by Mousey on Sept 27, 2019 15:48:10 GMT
I have now received a copy of the Amended Particulars of Claim which was submitted by borrower to the High Court today.
It is circa 22 pages long with some Annex’s at the end.
It describes the “23 Initial loans” of which “Eleven Initial Loans were renewed on at least one occasion”.
Personal possessions “generally antiques” were submitted as security. The security appears to be good. Take note fundingsecure
In considering what to mention on this public forum I remind myself that this POC was written by the claimant who must therefore have full knowledge of its contents and that it is accessible to the public without reporting restrictions.
However I also wish to remain fair to the business interests of Unbolted who would perhaps prefer that claims (which in their view might be wrong) were not published. Unbolted also appear to be very open with their lenders about this matter which does earn them brownie points.
On balance therefore I won't be reporting on the claims at this time.
I understand on October 25th Unbolted will be filling their defence and I'll give further consideration then.
|
|
Mousey
Member of DD Central
Posts: 1,598
Likes: 6,768
|
Post by Mousey on Oct 2, 2019 11:06:07 GMT
A new order dated 30/9/19 has been issued. It's description is: Sealed Order dated 06/09/2019 (Amended under Slip Rule CPR 40.12), sent to serving party by email.
At £10 I don't think it's worth getting a copy of the order.
|
|
dermot
Member of DD Central
Posts: 863
Likes: 517
|
Post by dermot on Oct 4, 2019 14:11:41 GMT
So less than an hour to go ...
|
|
Mousey
Member of DD Central
Posts: 1,598
Likes: 6,768
|
Post by Mousey on Oct 11, 2019 10:13:06 GMT
So a further Order has been made. It's fairly self-explanatory... key points are in bold
IN THE HIGH COURT OF JUSTICE
Claim No: FS-2019-****** BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES BUSINESS LIST (ChD)
Before: The Honourable Mr Justice M***
Date: 4 October 2019
B E T W E E N : A** Claimant
- and – (1) OPEN ACCESS FINANCE LIMITED (2) OPEN ACCESS FINANCE LIMITED as representative of those lenders who lent to the Claimant under the loans listed at Annex A to the Particulars of Claim Defendants
---------------------------------------------------------- ORDER --------------------------------------------------------- UPON the application of the Claimant by notice dated 4 October 2019
AND UPON HEARING the Claimant solicitor in person and Claimy McClaimface, Counsel, for the First Defendant
AND UPON the Court accepting the undertakings given by the Claimant set out in the Schedule to this Order
IT IS ORDERED that:
1. The Claimant’s application dated 4 October 2019 is allowed and the costs order in paragraph 5 of the Order of Chief Master ***** on 6 September 2019 shall be stayed until 4 p.m. on 31 October 2019;
2. The Claimant shall pay the First Defendant’s costs of the application as follows:
a. Provided that the same are paid by no later than 4 pm on 31 October 2019, either from the proceeds of sale of the Property as set out in the First Undertaking in the Schedule hereto or prior to such sale, the Claimant shall pay the First Defendant’s costs in the agreed sum of £4,000;
b. In default of payment in accordance with sub-paragraph 2(a) above, the Claimant shall pay the First Defendant’s costs of the application, to be subject to detailed assessment if not agreed, and shall pay the sum of £3,000 on account of those costs by 4 pm on 31 October 2019.
3. This order shall be served by the First Defendant on the Claimant.
Service of the order A copy of the sealed order was sent by the First Defendant to: (1) *** Street, London, reference ****, by post.
SCHEDULE Undertakings given to the Court by the Claimant
(1) To pay the costs liability owed by him to the First Defendant under paragraph 5 of the Order of Chief Master ***** dated 6 September 2019 and the costs liability set out in sub-paragraph 2(a) of this Order from the proceeds of sale of the property known as “Land adjacent to ***** Cottage”, Wales (“the Property”);
(2) Forthwith to instruct the solicitors he has instructed in the conveyancing of the Property (“the Conveyancing Solicitors”):
a. to provide an undertaking, if they are willing to do so, to pay the sums referred in the First Undertaking to the First Defendant’s solicitors from the net proceeds of sale of the Property (after the deduction of any sums necessarily paid to redeem outstanding charges and the necessary costs of the sale); and
b. to keep the First Defendant’s solicitors informed as to the state of the conveyancing and to keep them generally up to date with the progress of the same, in particular that the Conveyancing Solicitors must inform the First Defendant’s solicitors if it becomes apparent that exchange and completion may not take place before 31 October 2019.
(3) To file and serve a witness statement by 4 pm on 7 October 2019 containing the information provided to the Court at the hearing on 4 October 2019 in relation to his assets.
(4) To provide the First Defendants with a copy of his above instructions to his conveyancing solicitors forthwith, and by email, upon their being given
|
|
picnicman
Member of DD Central
Posts: 238
Likes: 216
|
Post by picnicman on Oct 11, 2019 13:09:10 GMT
Mousey - are the £3k and £4k (assuming re this new order) in addition to the £42.5k or instead of? Sorry if being thick, but any clarification would be appreciated. Cheers P
|
|
Mousey
Member of DD Central
Posts: 1,598
Likes: 6,768
|
Post by Mousey on Oct 11, 2019 14:33:36 GMT
So it's my understanding that: - The claimant made two applications to the court dated 10 April 2019 and 15 May 2019 - Both of these applications were struck out - The claimant has to pay £42,500 in costs for these two applications
And also:
- An application was made to the court on 4 October 2019 - This application was granted
- The claimant has to pay £4,000 in costs for this application
If he fails to pay both sets of costs by 31st Oct (presumably because the property sale hasn't completed) then he has to pay £3,000 in any case.
If he fails to comply with any court order then he could be held in contempt of court which would not be a wise move for someone who works in the legal profession.
|
|
picnicman
Member of DD Central
Posts: 238
Likes: 216
|
Post by picnicman on Oct 11, 2019 16:17:38 GMT
Mousey - thank you and much appreciated - that this is your understanding is acknowledged, but it is better than mine Cheers P
|
|
rogedavi
Member of DD Central
Posts: 100
Likes: 129
|
Post by rogedavi on Oct 11, 2019 16:25:54 GMT
I currently have 17 loans outstanding to this guy.
The guidance given is:
The borrower on this loan has started legal proceedings against Unbolted, <redacted> Repayment of the loans will be completed on resolution of the dispute.
Does anyone have any idea when this will get resolved? Assuming this guy wont pay what is the likely recovery?
|
|
Mousey
Member of DD Central
Posts: 1,598
Likes: 6,768
|
Post by Mousey on Oct 11, 2019 16:48:58 GMT
Does anyone have any idea when this will get resolved? Assuming this guy wont pay what is the likely recovery? The next step is for Unbolted to file a defence by Oct 25th. We'll have a clearer idea on the credibility of the claims at that point.
The security is good however and if he breeches a court order then that's contempt of court which means end of career.
|
|
michaelc
Member of DD Central
Say No To T.D.S.
Posts: 5,703
Likes: 2,981
|
Post by michaelc on Oct 11, 2019 17:15:43 GMT
Does anyone have any idea when this will get resolved? Assuming this guy wont pay what is the likely recovery? The next step is for Unbolted to file a defence by Oct 25th. We'll have a clearer idea on the credibility of the claims at that point.
The security is good however and if he breeches a court order then that's contempt of court which means end of career.
But he only needs to find 3K ? Doesn't sound like a lot for someone in his position.
|
|
Mousey
Member of DD Central
Posts: 1,598
Likes: 6,768
|
Post by Mousey on Oct 11, 2019 17:28:30 GMT
The next step is for Unbolted to file a defence by Oct 25th. We'll have a clearer idea on the credibility of the claims at that point.
The security is good however and if he breeches a court order then that's contempt of court which means end of career.
But he only needs to find 3K ? Doesn't sound like a lot for someone in his position. The orders for costs of £42,500 and £4,000 will still stand after the £3,000 payment presumably dependant on the pending sale of the land in Wales.
If a subsequent order was made requiring him to pay the debt off and that order was breeched then that would have serious consequences. One might consider that if the claims fail then the prospects for full recovery of capital and interest to be quite high.
|
|