Plaintiff: T.

Johnston 1st: 15/01/2016

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
2016 No. 123
Between:
LENNOXLOANS
Plaintiff
And
1. PETER GIBSON
2. JOAN GIBSON
Defendants
I, Timothy Johnston, Solicitor in the firm of Noble & Playfair, 10 Lennoxvale Crescent, Belfast,
BT9 5BY, make oath and say as follows:
1.

I am a Solicitor in the firm of Noble & Playfair, and have personal carriage of this action
on behalf of the Plaintiff and am authorised to make this affidavit from information
supplied to me by Gertrude McDonald, Credit Controller, of the Plaintiff.

2.

By a deed of charge dated 14/12/2009 and made between the Plaintiff and the
Defendant(s), the dwelling house and premises therein described and known as 75
Station Road, Coleraine, County Londonderry, BT68 4ZY, were charged by the
Defendants to the Plaintiff to secure repayment to the Plaintiff of the principal sum of
129,750.00 and payment in the meantime of interest thereon at the annual rate of
7.5% in accordance with the covenant for payment therein contained subject to the
provisos for redemption. I refer to a copy of the said mortgage and the mortgage
conditions incorporated therein (hereinafter "the Mortgage") being the document
numbered 1 in the index to the exhibited bundle marked "TJ1" and signed by me at the
time of swearing hereof.

3.

The Mortgage was granted to the Defendant(s) for the term of 25 years, and will expire
on 14/12/2034. I refer to a copy of the original Mortgage Offer which confirms the term
of the Mortgage being the document numbered 2 in the index to the exhibited bundle.

4.

The Mortgage Conditions contain the following provisions which are material to these
proceedings:

5.

(a)

Clause 1.1(a): covenant by mortgagor to repay the advance to the mortgagee

by monthly instalments under the mortgage conditions.

(b)

Clause 1.2(b): covenant by the mortgagor that he shall be liable on the

realisation of the secured interest for any shortfall where the net proceeds of
any sale are insufficient to discharge any monies owed.

(c)

Clause 2(a.1): for the variation of interest

(d)

Clause 8: The power of sale shall be exercisable free from the restrictions
imposed by Section 20 of the Conveyancing Act 1881 unless

(e)

Clause : The Mortgagee is not to take possession or exercise its power of sale
unless default has been made by the Mortgagor in paying two or more monthly
instalments.

(f)

Clause 1.1(c): The total debt is to become payable if any default mentioned in
Clause 8 occurs.

(g)

Clause 17: The mortgagee is entitled to the costs of legal proceedings

(h)

Clause 20: Authorising service of all notices by pre-paid post.

The rate of interest under the Mortgage is now 8.95% per centum per annum.

6.

The Defendant(s) is/are in possession of the mortgaged property as

Mortgagor thereof, and is in default of the payment of principal and
interest.

7.

To the best of the Plaintiffs knowledge Peter Gibson and Joan

Gibson are in occupation of the mortgaged property.

8.

A search in the Land Registry has been made and no charge has
been registered pursuant to Article 6 of the Family (Miscellaneous
Provisions) (Northern Ireland) Order 1984.

9.

By letters dated XX demands were made to the Defendants for

arrears of payments due under the mortgage. The said letters were
not returned as undelivered. I refer to a copy of the said letters being
the documents number at X X X in the index to the exhibited bundle.

10.

A written Notice To Quit in the form of a demand for possession was served on the
Defendant(s) on by first class pre-paid post in an envelope addressed to the
Defendant(s) at the mortgaged property. This notice was not returned as undelivered. I
refer to a copy of the said notice which is the document numbered 5 in the index to the
exhibited bundle.

11.

The state of the account between the parties is as follows:

(a)

Amount of original advance:

(b)

Amount of original monthly instalment:

(c)

The rate of interest payable :

(i)
at the commencement of the mortgage:
(ii)
at the commencement of the proceedings:
(iii)
at the date of the Affidavit:

129750.00
7.50
7.5%
8.95%
8.95%

(d)

Amount of current monthly instalment:

(e)

Amount of interest included in monthly instalment:

(f)

Amount of instalments in arrears:

(i)
at date of issue of originating summons:
(ii)
at date of Affidavit

Amount remaining due under mortgage at date of

Affidavit:

(g)

973.13

12.

The amount of each instalment now payable under the mortgage is due on the .
day of each month. The last payment made by the Defendant(s) was 973.13 made
on .

13.

This mortgage is not regulated by the Consumer Credit Act 1974.

14.

To my knowledge, information and belief the Plaintiff has not received, nor has any
other person by the Plaintiff's order or the Plaintiff's use received the sum or any part
thereof stated in paragraph 11 or any security other than the charge or of anything of
value in or towards the satisfaction of the said sum.

15.

The Plaintiff requires possession of the mortgaged property which includes a dwelling
house in order to realise its security.

I am able to make this Affidavit from facts within my own knowledge, information and belief as
solicitor having personal carriage of this action, and from information obtained as mentioned in
paragraph 7, and figures obtained from the Plaintiff.

Sworn at
In the City of Belfast
This
day of
2016 Before me a Solicitor empowered by the
Supreme Court of Judicature in Northern
Ireland to administer oaths.
This Affidavit is filed on behalf of the Plaintiff by
Wilson Nesbitt Solicitors, of Hamilton House, Joy Street, Belfast, BT2 8LE.
Unique Solicitor's Reference: TJ/123456