M
What drives the Master insane is that in his view the process and procedures are there.
The Banks are casual about this and why wouldn't they be?
As costs follow events, individuals are fearful taking cases.
Few have courage.
I can see no fear in Banks .
Mr Holmes
I am aware of a case that is winding its way forward involving a particular bank. The jist is they appointed a Receiver prior to the accounts going two payments into arrears when in fact fact it was 1.7 payments. Did not contact all the borrowers. Trespassed. Changed the locks and sold the properties. The only issue for the litigant is that the law is far from certain regardless of the merits. He seems determined to teach the Bank a write off.
Sarenco,
In relation to the subtle differences in Danske bank executive orders between branches operating in Denmark and Danske branches abroad, an example of same, and with regard to the subject matter of this thread, would be the authorised signatory requirements that bind the bank.
In Denmark the minimum that is required for this action is two authorised signatories with POA. With regard to Danske branches operating abroad, you require the same two authorised signatories with POA, with the proviso, that one of the signatories must be a category 1 signatory. When Danske bank produce an authorised list of authorised signatories for branches operating abroad, they also provide a sub category of signatories, category 1,2 and 3. This is just one example of executive orders nuances between Danske bank in Denmark and Danske bank operating abroad. Hope this clarifies matters.
Where could one find a list of "authorised signatories" of Danske Bank for say the year 2013?
ICS is now BoI btw.
Mr Holmes. Have you any idea on the list of persons authorised to appoint a receiver in the case of ICS/BoI repossessions?.
What is your current position with regard to the BOI ?
Is your friend fighting summary judgment by BOI ?Very briefly the receivers have been appointed to my friends RIP's. Just wanted to see if the appointment of the receiver was signed by an authorised signatory. I started a thread since closed on the my friends problems which is alluded to in the opening post on this thread.
Have other readers any queries in relation to lpa receiverships ?
Hi Mr. Holmes,
I'm defending against summary judgement that B o I are seeking after they sold my properties at 60% of market price which left significant Negative Equity. I'm of the view that the receivership appointment is invalid, for several reasons which I list as questions below. I would welcome your opinion on the below. Unfortunately I'm struggling to get any representation and have had to plough on myself in the absence of same
Q 1: I've gotten copies of the Deeds of Charge, neither of which are signed or sealed. Does the absence of same make the same Deeds of charges void?
Q 2: If they are void, presumably the receivership appointment would be void also?
Q 3: The receivership appointment seems to have been made from the same Deeds of Charge which references Sect 24 of the 1881 Conveyancy Act. The receivership appointment documents seem to be made by seal, (seal is not visible) witnessed by an individual described as Authorised Signatory and further witnessed by another. The Authorised signatory however is not the Secretary but an Assistant Secretary? Does that also invalidate the appointment?
Q 4: In terms of remedy, if the Deeds of Charge are defective does that have the meaning that the powers of the 1881 Act are not applicable in terms of potentially seeking restoration of the property to my ownership by Sect 74 of the Land Conveyancing Act 2009 and damages etc?
Thanks
That's a great post very clear to understand The AIB receiver's took my properties without valid paper signed by the bank.The best way to attack a deed of appointment of a receiver is to see if the receiver is validly appointed. This can be done by researching the relevant financial institutions memorandum and articles of association. Most large financial institutions have a board of directors, which in turn appoint an executive board. The executive board control the day to day running of the organisation. The executive board issue orders regarding a plethora of matters, including, the requirements of authorised signatories that legally bind the bank in commercial dealings, deeds, contracts, etc. It is these executive orders which if broken or disregarded can void the appointment of the receiver. For example, an executive order of a bank states that two authorised signatories with power of attorney are necessary to sign a deed in order to bind the bank into contract with the receiver and on investigation it transpires that only one of the authorised signatories has power of attorney, then the deed of appointment of the receiver is invalid, as the banks own executive orders have been breached. I hope this clarifies things.
Have any of your properties been sold as part of project circle?
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