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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11278
Experience:  30 years as a practising solicitor.
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Further to recent questions on this subject, we have now won

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Further to recent questions on this subject, we have now won our small claims court action on the following grounds:

The factoring agent has no title on the benefitted property and therefore can not enforce the real burdens on it, subject to the Title Conditions Act Scotland 2003.

The Deed of Conditions does not adequately identify or nominate the real burdens as required by the same Act.

The title for the benefitted property is not registered.

It is unclear in the Deed of Conditions that the benefitted property is maintained as a real burden on all of the burdened properties or only on some of them.

Thus the sheriff has ruled a decree of absulvitor and awarded us costs. We believe that costs are limited to £150 in this instance, but please can you confirm this?

During the course of this court case the pursuer lodged a clause on my father-in-laws title deeds as a 'Notice of Potential Liability' to allow factoring fees arrears to be transferred to subsequent owners of the property. As we have a decree absulvitor in the case, this notice no longer applies and we believe would expire in 3 years anyway. However, can we reasonably request the pursuer to issue a letter of satisfaction and to have this clause removed on the grounds that the clause would be a hindrance to sale of the property within the next 3 years?
Thank you for your question.

Yes, you should be asking the factor for a letter of satisfaction in respect of the NPP as there is no longer a potential liability.

I hope this helps. Please leave a positive response so that I am credited for my time.
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