Member Login

No obligation to issue new letter of demand after transfer of loan

By: Ciaran Joyce BL

or click here to request site subscription to search and view all judgments

High Court dismisses appeal of Circuit Court order for possession of property, finding that: even in light of fresh evidence introduced on appeal, there was no obligation to issue a new letter of demand after the transfer of the loan; there was no breach of the EU Directive on unfair terms and conditions in consumer contracts; and the failure to comply with the Central Bank Code of Practice on the Transfer of Mortgages did not afford the borrower any relief against an application for judgment.

Property law – appeal of Circuit Court order for possession – whether this appeal against the order for possession should be allowed by reason of any of the additional arguments advanced by the appellants on the hearing of the appeal, which were not advanced before Judge Linnane – attempt to introduce new evidence upon appeal – s. 34 of the Central Bank Act 1971 – whether there was an obligation to issue a new letter of demand after transfer – s. 3 of the Land and Conveyancing Law Reform Act 2013 – breach of the EU Directive on unfair terms and conditions in consumer contracts – European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 – Central Bank Code of Practice on the Transfer of Mortgages – appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Comment

Your email address will not be published. Required fields are marked *