Summary judgment refused where plaintiff had insufficient evidence of ownership of loan

The High Court has refused to grant summary judgment to the plaintiff, a loan management company, and sent the claim to plenary hearing. The plaintiff, claiming to be the ultimate successor to the original lender, sought repayment of a loan facility amounting to €660,409.77. The defendant challenged the plaintiff's standing, citing a lack of prima facie evidence to establish a valid chain of title from the original lender. Additionally, the defendant raised issues regarding the admissibility of a "Statement of Account" and questioned the plaintiff's authority to service the loan, given that the original proceedings were initiated by an entity not authorized as a credit servicing firm. The court found that the plaintiff had not provided sufficient evidence to prove it was the rightful owner of the loan and that the Statement of Account was compiled in the ordinary course of business. Consequently, the court determined that a full hearing was necessary to resolve these issues fairly and justly.