Summary Judgement Defences

L

Lone Star

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In the case of an investment home loan: The voluntary sale of the property left a residual. The bank had discussed a 50:50 split of the shortfall. Following the sale the bank 'forgot' all about this 'offer'. The bank are now moving to seek summary judgement on the residual owed. Is the 50:50 'offer' worth anything now? Recorded call and full transcript of same is available.

Also; a document online (by an Irish Barrister) points to 'Provision of Capital repayment' being a potential defence against a bank seeking a summary judgement - I would be grateful if anyone has any further meat to add to the bones of this assertion.

Thank you, Lone Star
 
Lone star, please give transcript of call. A contract can be entered into in common law verbally, but I need an exact transcript of the telephone conversation, also advise which bank was your investment mortgage with ?
 
Can I pm it to you Fin Crusader. I'm not sure how strong it is. Danske. Also following sale of house...there is no record of the notice being served under section 54 of the Consumer Credit act.....I keep every letter and there is no sign of it in my files and I have No recollection of it arriving - certainly not by registered post...They did send a letter with payment demand and referred to the notice being served - but no date of that service was included. It's possible it was not sent...if that is the case it could be well in my favour.
 
 
lone star.

Firstly send in a (subject access request) .What that means is you will get copies of all documents and transcript of conversations.
You will then have the facts to work with.
 
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