Cosgrove Gaynard Solicitors

Debt Collection : Recent High Court Case re demand letters

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GE Capital Woodchester Home Loans Ltd v. John Reade and Dympna Reade [2012] IEHC 363 (High Court, Laffoy J, 22 August 2012)

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The High Court dismissed the claim by the Plaintiff, GE Capital Woodchester , on the grounds that it had failed to establish that it had properly demanded repayment of the principal sum. The Court held that the letters of demand issued by GE Capital did not demand repayment of the entire balance outstanding on the mortgage and instead Judge Laffoy held that the letter merely called in the arrears .

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Whilst this case relates to possesssion proceedings, the  same issues apply to properly drafted demand letters in relation to debt collection cases. It highlights the importance of obtaining expert advice in this area

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For advice on the above mentioned issue or for further advice on debt collection / litigation please contact Cosgrove Gaynard Solicitors on 01 234 0044 or by email : info@cgsolicitors.ie