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The High Court granted summary judgment to the plaintiff for the principal sum of €276,500, while the remainder of the claim concerning surcharge interest was remitted to plenary hearing. The defendant's request for an adjournment was denied due to insufficient grounds and a history of delays. The court found that the plaintiff had established a clear chain of title to the loan and that the defendant's various defences, including claims of invalid transfer, statute limitations, misapplication of sale proceeds, and lack of standing to enforce the credit agreement, were without merit. The defendant's application for inspection of original documents was struck out due to non-appearance.
summary judgment, principal loan amount, surcharge interest, plenary hearing, adjournment, chain of title, loan transfer, statute of limitations, enforcement of credit agreement, Consumer Protection (Regulation of Credit Servicing Firms) Act 2015, Central Bank Act 1997, ACC Bank, Rabo UA, loan default, demand for payment, mortgage sale deed, Irish law deed of transfer, bona fide defense, affidavit, facility letter, statement of account, redacted documents, privacy rights, commercially sensitive information, statute barred, mortgage securities, credit servicing agent, legal title.
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