Story of a Family Home Repossession

Matthew Moore

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I'm currently bankrupt and in the process of having my house repossessed. My blog may be useful for anybody in similar circumstances.
Our next court date in this Friday, 26th of February. In the meantime, here are 3 relevant posts relating to the repossession. They're in order:

1. [broken link removed]

2. [broken link removed]

3. [broken link removed]

Please feel free to fire over any questions.
 
All I can really say is I admire your strength of character and your ability to deal with this in the manner you have and I hope you get it resolved soon so that you can move forward again.
 
Thank you all for your messages, I really appreciate them.

Although the posts I linked to are focusing on a rather difficult aspects of my life at the moment, please take the blog as I view life, as a sum of its parts. There's good and bad but in general, the good far outweighs the bad.
 
The bank in question could have handled this a lot better. It's a terrible pity that co-operative clients tend to get no reward for co-operation and solutions that would benefit both parties are not considered as reasonable!!
Unfortunately for many clients there tends to be a blunt instrument approach by many banks to some clients which at times may appear almost antagonistic. There are times when I feel ashamed of my profession!
 
The bank in question could have handled this a lot better. It's a terrible pity that co-operative clients tend to get no reward for co-operation and solutions that would benefit both parties are not considered as reasonable!!
Unfortunately for many clients there tends to be a blunt instrument approach by many banks to some clients which at times may appear almost antagonistic. There are times when I feel ashamed of my profession!

I don't take it personally. I could blame the institution, or perhaps the employees, but I prefer to think that there's an algorithm in there that doesn't like me!
That helps me avoid being cynical and remain objective.
 
The very best of luck to you and your family on Friday

My personal opinion is that you should not make it easy for the banks to take your home under any circumstances
 
The very best of luck to you and your family on Friday

My personal opinion is that you should not make it easy for the banks to take your home under any circumstances

Thank you for your wishes.

While making the repossession difficult would be my default position also, I had to consider many other factors. Most important of all was the effect that this prolonged battle was having on my wife. I've a thick skin and can handle the many false starts that we went through. However, she finds it extremely difficult to see all those opportunities for a resolution slip through her hands. I couldn't put her through more of it. Alongside this, the house needs a significant investment. I bought it with the best of intentions of gutting and modernising it. That never materialised and now we have huge issues with damp, insulation, leaks etc. There comes a point when you have to weigh your principles against the costs (and unintended consequences).
 
hello Mathew, thank you for sharing your story, situation and experience. I hope you will have things sorted soon and can move on as you have planned. The stress takes its toll. Hope this isnt an insensitive/silly question but from your time spent in court, did you get any insight into how other cases are being treated? Are people being given any leeway to go and try and do deals with banks? Have you seen many repossessions of family home being granted even where payments, partial or otherwise, are being paid each month?.
 
Matthew
An amazing attitude from BOI.I admire your honesty and hopefully things will improve for you and your family.Best wishes on Friday.
 
Hope this isnt an insensitive/silly question but from your time spent in court, did you get any insight into how other cases are being treated? Are people being given any leeway to go and try and do deals with banks? Have you seen many repossessions of family home being granted even where payments, partial or otherwise, are being paid each month?.

I'm really glad to answer any questions so please, ask as much as you like.

Before I was in court myself I had read so many articles, reports, forum chats etc about repossession and two things seemed apparent. The attitude of courts in different areas varied widely and secondly, it was unlikely that you would have your home repossessed if you were making some type of payment.

I can only speak about the Dublin court as I've no experience of any others.

did you get any insight into how other cases are being treated?
The Registrar speaks very kindly to the people before her, especially on their first appearance. She will exlplain very clearly that no order for repossession will be made at the first hearing. There will be representatives from MABS and the ISI there who will be bale to provide advice and assistance too. The court is operated very much in consideration that it will be most peoples first experience of a court.

Are people being given any leeway to go and try and do deals with banks?
I went to the court before my hearing to see how it worked and I was surprised that what I had imagined was very different to what was happening in practice. The Registrar was quite strict against the plaintiffs(banks) and defendants for cases that were on the second or later hearing. On a number of cases she clearly stated that her court was not an "adjournment jurisdiction". By this she means that if cases come before her, it should be expected that an order for possession is sought as quickly as possible or esle the case is struck out. She did not seem to look favourably on allowing time for negotiation and gave the impression that the time for this was before the case came before the courts. This was directed at both plaintiffs and defendants. In the cases where she did give an adjournment, many were stated as "peremptory". This means that the adjournment is final and the case will be dealt with on the next day.

Have you seen many repossessions of family home being granted even where payments, partial or otherwise, are being paid each month?.
Yes, I have seen this,not in many of the cases though. As I mentioned above, she clearly stated in her court that the result of the case being brought is that it will ultimately need a possession order or a strike out. I get the impression that it will reach this sooner in upcoming cases than it has previously.

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My experience of the court prior to my hearing hugely influenced our decision to consent to the repossession. The government had stated that banks were just issuing repossession orders to get borrowers to engage. If this is the case, it is clear that the Registrar in Dublin frowns upon the practice.

It could be worth having a look at this thread too: http://askaboutmoney.com/threads/du...-repossession-increases-significantly.196963/

If you do find yourself facing a court date, make sure you attend. Although daunting, there is plenty of support available.
 
Thank you for taking such care and time in your reply Mathew. Your feedback is appreciated. Wishing you the very best outcome for you tomorrow.
 
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