Courts / Waterford / Report

Action against lender and receivers is resolved

Summary

In a High Court case, Mr David Allen, a 70‑year‑old farmer from Johnville, Rathdangan, sued Start Mortgages and its appointed receivers, Mr Ken Fennell and Mr James Anderson of Deloitte, over his apartment at Atlantic Coast Apartments, Tramore. Allen had bought the unit in 2000 after borrowing €125,000 from Irish Life and Permanent. He alleged that Start's conduct after acquiring the loan was aggressive and that the receivers entered the apartment, changed the locks, and threatened his planned sale to repay the remaining €82,000 owed. Allen sought injunctions to prevent the receivers from entering or interfering with the property. The case was settled a few weeks ago, with the only remaining matter being the legal costs. Mr Allen's counsel, Hugh O'Flaherty BL, informed Justice Leonie Reynolds that the parties had consented to strike out the action without a costs order. The court had previously criticised the defendants' handling of the case.

Who, what, where, when and why

What: Report matter: Action against lender and receivers is resolved. Procedural stage: hearing_or_decision

When:

• 2021-03-12 Publication

Why: Last year he informed Start that he was seeking to sell the property in order to redeem what was due on the loan; a sum of just over €82,000. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report