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PEPPER FINANCE CORPORATION (IRELAND) DESIGNATED ACTIVITY COMPANY and JAMES ANDERSON
a.        in March 2008 the plaintiff borrowed �426,000 from BOSI in two loans secured against her two Properties (to fund the acquisition of the second property). Both properties were leased. BOSI's title as charge holder was uncontroversially acquired by Bank of Scotland plc ("BoS"); this Judgment will generally not need to distinguish between them as no issue arises in that regard.
c.        Having been notified in October 2018 of the transfer of legal title to Pepper (on trust), the plaintiff made payments to Pepper until around August 2023 after which the loans fell into arrears and Pepper appointed the Receiver.
d.       After the loan fell into arrears, Pepper took steps to appoint the Receiver and realise its security; the plaintiff now disputes the validity of the assignment to Pepper and its entitlement to enforce the mortgages.
The mortgage conditions confirmed the plaintiff's consent to the lender assigning or transferring the mortgages and/or the benefit of the mortgages and/or any collateral or ancillary security to any third party (as part of a securitisation scheme or otherwise).
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