GE Money Secured Loans Ltd v MacBride and another

Lending and security – Standard security – Enforcement – Entitlement to damages. Sheriff Court: In an action in which the lenders in a standard security had taken steps to enforce a valid decree for the recovery of possession of heritable property by service of a charge for payment and ejection and the borrowers subsequently lodged a reponing note, defences and a counterclaim, the court held that the averments as to whether by 2014 the execution of the diligence had become wholly unjustifiable or wrongful would not necessarily fail, and it allowed a proof in relation to those averments relating to failure to serve the initial writ and calling-up notices, as to whether those might amount to a flaw, error or irregularity in process in the light of the Supreme Court's decision in Royal Bank of Scotland plc v Wilson and as to quantum in relation to what damage the borrowers had suffered thereby.

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