Deemed service of a letter of demand
By Richard Colebourn
Where the intended recipient of a letter of demand denies receipt in fact, but it can be shown that its service complied with the relevant loan document, the letter of demand will be treated as served.
A property investor (A) borrowed funds to purchase a buy-to-let property (the loan). A subsequently defaulted on the loan and Redstone Mortgages Ltd (R), which had taken an assignment of the loan, demanded repayment by way of a letter of demand served by post.
A denied receiving the letter of demand and refused to repay the loan but, on summary judgment, R was awarded the principal and interest accruing on the loan, as well as its costs of the proceedings (on the indemnity basis)…
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