Redstone Mortgages Ltd v Wiemer & Anor

Redstone Mortgages Ltd v Wiemer & Anor

Posting the demand letter to the defendant's contact address constituted valid demand under the mortgage conditions, and there was no real prospect of defending the claim based on non-receipt or insurer payments; summary judgment was properly granted for the sum claimed.

Parties
Claimant: Redstone Mortgages Ltd; First Defendant: James Merlin Wiemer; Second Defendant: Debra Ann Jules
Jurisdiction
England and Wales
Judgment Date
10 June 2013
Procedural Posture
Appeal / Judgment on Appeal Against Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Mortgage Enforcement, Summary Judgment, Service of Demand, Estoppel, Calculation of Debt
Property Law Contract Law Civil Procedure Mortgage Enforcement Summary Judgment Service of Demand Estoppel Calculation of Debt

Case Brief

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Parties

Redstone Mortgages Ltd

Claimant

James Merlin Wiemer

First Defendant

Debra Ann Jules

Second Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Summary Judgment

Legal Issues

  1. 1 Whether valid demand for repayment was made under mortgage conditions
  2. 2 Whether payments by claimant's insurers should be credited to defendant's account
  3. 3 Whether estoppel arises from statements of account

Ratio Decidendi

Posting the demand letter to the defendant's contact address constituted valid demand under the mortgage conditions, and there was no real prospect of defending the claim based on non-receipt or insurer payments; summary judgment was properly granted for the sum claimed.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for claimant in the sum of £287,697.78 upheld