"Struck Out" Civil Circuit Court.

Discussion in 'Mortgage arrears & negative equity case studies' started by blanchman, Jan 26, 2017.

  1. blanchman

    blanchman New Member

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    In February 2015 Lavelle Solicitors, Dublin 2, on behalf of their client Start Mortgages Ltd served a Civil Bill for Possession on me (as a result of my substantial mortgage arrears to Start) to be heard in the Circuit Court Dublin. The case for various reasons was adjourned on a three monthly approx. basis up to last Tuesday 24th January '17. What happened that day took me completely by surprise. The barrister for Start (as far as I could hear) pleaded there was a problem with the Affidavit and also said there could be a difficulty with 'Jurisdiction' and 'Title' and within two minutes he agreed with the Judge to a 'Strike Out' of the proceedings. The Judge asked me if I had anything to say and I replied 'No'. My question is what is likely Start Mortgages will do next and in what time scale?
     
  2. Brendan Burgess

    Brendan Burgess Founder

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    They will issue a new civil bill in compliance with the law.

    The lenders have so many hoops to jump through that it's easy for them to get caught out.

    But you should try talking to them and paying them something and they will probably come to a deal with you.

    Is it your home? I saw a case last week, where it was a residential investment and Start applied to strike out the case as they were going to appoint a Receiver instead.

    Brendan
     
  3. blanchman

    blanchman New Member

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    Thanks Brendan, it is my private home.
     
  4. Brendan Burgess

    Brendan Burgess Founder

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    32,406
  5. Gerry Canning

    Gerry Canning Frequent Poster

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    blanchman,

    It appears Start are trying to sort cases now before Court ,as High Court is costly for them etc.
    Even @ this late stage ,can you afford home and repayments , if so, Start will talk .
    remember though , they have more experience than you , so take advice and maybe all will work out.
     
  6. blanchman

    blanchman New Member

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    Hi Gerry, thanks for that. Case was struck out last Tuesday in Circuit Court. Any idea of how long it would take Start to get it into the High Court?
     
  7. Gerry Canning

    Gerry Canning Frequent Poster

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    Havn,t a clue , but to be avoided if you can .
    if its a case you are financially banjaxed, then hang on , if you have some hope = negotiate.
    AAM has some very good advise/posters ,maybe give AAM your full position .
    You don,t have to listen or take advise.
     
  8. blanchman

    blanchman New Member

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    Thanks for that, I'll wait and see how it goes. In tandem with their push for possession Start has also agreed to explore the possibility of entering into the Mortgage to Rent Scheme.