Courts / Waterford / Report

Mortgage provider behaved 'disgracefully' over apartment, counsel tells High Court

Date
2021-03-05

Stage
Hearing Or Decision

Primary locality
Tramore

Summary

In a High Court hearing, counsel Hugh O'Flaherty BL represented 70‑year‑old farmer David Allen, who owns an apartment at Atlantic Coast Apartments, Tramore. Allen claimed that Start Mortgages and its receivers, Ken Fennell and James Anderson of Deloitte, had been appointed without legal entitlement and behaved "disgracefully." He alleged the receivers entered the apartment, changed the locks, and jeopardised his plan to sell the property to repay a €82,000 debt. Allen had secured a buyer that would cover the debt and had informed the parties of his intention to sell months earlier. The receivers' appointment was said to be aggressive and illogical, especially as the loan was performing. The court adjourned the case to allow the defendants' representatives to attend a remote hearing, with the judge noting the defendants' lack of timely response and the need to resolve costs and key provision. The matter was set to resume the following Monday.

Who, what, where, when and why

What: Report matter: Mortgage provider behaved 'disgracefully' over apartment, counsel tells High Court. Procedural stage: hearing_or_decision

When:

2021-03-05 Publication

Why: Last year he told them he was seeking to sell the property in order to redeem what was due on the loan – a sum of just over €82,000 – and said he obtained a buyer for the property which would more than cover what was due on the property. CNI source report

Case subjects

David Allen

Applicant

Outcome: Counsel said that on the last occasion the matter was before the court the defendants had sought to have the matter adjourned, yet they had failed to attend at Friday's remote hearing before the court, he added.

James Anderson

Applicant

Ken Fennell

Applicant

Start Mortgages

Applicant