Danske appoint receiver on performing mortgage cos a joint borrower in default on unconnected loan

Discussion in 'Mortgage arrears & negative equity case studies' started by The Partnership, Mar 20, 2016.

  1. The Partnership

    The Partnership Registered User

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    Hi can someone tell me if you dont enter an appearance and ignore letters and receive a letter informing you that a judgement has been made against you ,is there any way back
    Have you a way of re entering an appearance , appart from getting professional legal advice.
    Regards
     
  2. The Partnership

    The Partnership Registered User

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    Hi we are due to meet up with our legal team before our court date in may can anyone who is familiar with our case suggest any new angles we should consider
    Thank you for all the help so far
    regards
     
  3. The Partnership

    The Partnership Registered User

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    Hi has anyone out their had similar dealings with Danske Bank as ours and what was the outcome.The nearst case to ours (in my opinion) is the case which involves Gay Byrne ,but a much smaller scale.
    Injunctions granted to Gay Byrne partnership over 'contrived' default.
     
  4. Lone Star

    Lone Star Frequent Poster

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    have you an opportunity to meet them?
     
  5. The Partnership

    The Partnership Registered User

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    Hi I have an update for anyone interested
    We were in court in the judges list .The judge took 90 mins to read the affidavits then the banks barrister stood up and put the banks position forward.The judge questioned the barrister on some of the points .Our barrister then stood up and put numerous points forward ,the judge put questions to our barrister which he answered very well.The judge refused summary judgement and awarded costs to us going forward.
    So we are off to plenary court,i dont know when.
    Our barrister and solicitor were happy with the outcome.
    My thoughts on the day were ,Hats off and respect to people who represent themselves( I would not be able)
    but even if you cant afford it get a good solicitor and barrister or you will be like lambs to the slaughter.
    Regards
     
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  6. TLO

    TLO Frequent Poster

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    This certainly sounds like good news. Summary judgement refused! Costs in your favour going forward!! It's no surprise that your legal team are happy. Apart from getting a significant win with the refusal of the summary judgement they can now mount a full defense, and maybe go on the attack, with Dankse and associates footing the bill. Well done!
     
  7. The Partnership

    The Partnership Registered User

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    Thank you TLO for the encouragement .We are relying on our legal team for advice but we are open to any other views or observations anyone would like to add . I visit the high court regularly when im in Dublin and i have found from watching the courts in action that barristers make mistakes on a regular basis,just like everyone else.
    Regards
     
  8. The Partnership

    The Partnership Registered User

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    Update
    I got a call from our solicitor ,the bank have contacted him and asked for a meeting between our team and the bank and their reps.
    So fingers crossed something good will come from this meeting.
    Our 90 minute court appearance in which we were moved on to plenary in May has not come up on the courts.ie site under Judgments & Determinations is this unusual or are only chosen cases published.
    Regards
     
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  9. Lone Star

    Lone Star Frequent Poster

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    that's good progress......they sound as if they may negotiate with you.....if you do meet and they step out for you to confer with your advisors - just to be aware the room is likely to be recorded and they may be listening live to the conferring...
     
  10. Seagull

    Seagull Frequent Poster

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    Hopfully from your perspective, the bank have realised they made an error, and are unlikely to get anything out of continuing the process. Given that you've been awarded costs, they may decide the cheapest option is to fold rather than face legal costs. Ideally, they might even offer you some kind of compensation for wasting your time.
     
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  11. Lone Star

    Lone Star Frequent Poster

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    Seagull; I would think (only my own opinion) that the bank will still play 'hard'; and will gauge you on the day as to how far they can 'negotiate'. Depending on who you meet - they have some very sharp cookies - and very experienced at this game and reading people.
     
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  12. TLO

    TLO Frequent Poster

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    The bank will play hard but they're playing with a yellow card. If they get a red card, and the referee (the Judge) is already less than impressed with them, it's game over.

    "The Partnership" needs to be thinking about the end game. A clear vision of how this mess is going to be cleaned up to the satisfaction of The Partnership. Okay, so the Receiver steps aside. But what about the rent that the Receiver never collected? On the instructions of the bank!! Maybe the end game is that the property gets sold, Danske write off the shortfall, and pays all The Partnership's legal costs. Or maybe that is too cheap. Maybe compensation is warranted. Maybe The Partnership want to keep the property and be compensated for lost rent, legal fees, time off work, emotional distress and the rest. Who knows? But clarity as to the desired end result is needed as a starting point for a successful negotiation. And the Partnership should not post their strategy here. This thread has over 8,000 views and chances are that some of them are from Danske and associates.
     
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  13. The Partnership

    The Partnership Registered User

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    We want our day in court,
    We believe Danske Bank were clinical in the way they tried to ruin the members of the partnership and we take it personally.
    The bank did not care how they affected each of our lives.
    We know Danske may be monitering this site but we dont care.(Fools thread..........
    We dont have a strategy,our aim is to win and see what comes from that.
    Regards
     
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  14. Lone Star

    Lone Star Frequent Poster

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    The Partnership; I wish yous all the very best. :) Prepare Well and make sure your legal counsel know your case as well as yous do!!!!
     
  15. The Partnership

    The Partnership Registered User

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    Sorry for being a pain but i cant get the info anywhere .
    Are only some cases published in courts.ie " Judgments & Determinations"
    Our case was before a judge in May in the non jury list dublin and i keep checking but no sign , I would be very gratefull if someone in the know would tell me
    Regards.
     
  16. Lone Star

    Lone Star Frequent Poster

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    HighCourtJudgments@Courts.ie HighCourtCentralOffice@Courts.ie

    The Partnership : pop the High Court an email; mention that you are on record for this (your) case, and enquire if the judgement is shortly due to be published. They are usually very quick to respond and you should hear back from them within the day at most. Ask them anything you wish regarding dates etc.

    I have been checking 'Judgements & Determinations' for recent Danske judgements - I haven't seen anything yet. I would imagine they would publish your case and the reasoning for granting a Plenary Hearing. I'm not sure why it takes so long for some to be posted - perhaps it's down to the judge/time/annual leave - who knows. The courts are also very clogged; so it could be a while before yous get a date?

    Meanwhile - read this (see link below) and see what opportunity it may bring...I know yous want to have your day in court...but weigh up the length of time it may take. Settling is a bitter pill ... but sometimes no amount of money or the glory from stepping onto the Quays jubilant is worth the years....and this is coming from one very stubborn person!

    http://www.independent.ie/business/irish/danske-bank-eyes-2bn-sale-of-retail-loan-book-35876475.html
     
  17. Lone Star

    Lone Star Frequent Poster

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    Equally - Your Solicitor should be able to access your file in Central Office - to view any determination if it has been written up (or else await it's publication online) ...it would be rare they would hand a layperson the file..always worth a go though! :)
     
  18. The Partnership

    The Partnership Registered User

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    Hi Loan Star
    "The Courts Service does not notify people when Judgments are published."
    This was the reply i got from an enquiry e mail ,short and to the point so Ill ask my barrister when we meet next week.
    Thanks for the reply
    regards
     
  19. Lone Star

    Lone Star Frequent Poster

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    Some of the staff are more helpful than others...most replies are usually curt. I thought perhaps if they had been in a position to give an indication of when they thought it might be due to be published - it would have been helpful.
     
  20. The Partnership

    The Partnership Registered User

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    We had a meeting with our legal team this week
    It has been 9 weeks since we were moved on to the plenary system
    The judge gave Danskes team 4 weeks to forward their paperwork .
    Nothing has happened yet
    Our team dident see this as a problem or a big deal.
    We asked about our judgement being posted on courts.ie .It wont
    We havent had our meeting with Danske yet
    Regards