Deemed service of a letter of demand - .PDF file.
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)…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.