Deemed service of a letter of demand

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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 (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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