Will issuing plenary summons against the bank stop reciever

P

PiedPiper

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Hi Folks

Any tips appreciated.

I have had recievers appointed by bank.

I have two loans I am paying capital and interest on one loan and interest only on the other with small captial payments.

I am able to manage my loans but its been impossible to deal with the bank.

My loans are messy and the set up was bad from the outset.

They are trying to bully me into signing new facilty documents.

Will issuing a plenary summons on the bank at this point hold up everything for two years by which point I should be in a position to pay off the loans and settle with them.
 
This is a complex situation. You need professional legal advice. Any advice given on this forum should not be taken as "professional". Please address this issue with your own solicitor.
 
Hi

I think getting legal advise is often good advice.
However I had legal advise several times during this awful process.

Each and every time I found it to be expensive and often incorrect.

I think getting some feel from forums and direction of what to google is great.

I have used forums for all kinds of things and find them great
 
AFAIK you need to have a valid case in order to obtain a pleneary summons from the High Court. You also need the involvement of both a solicitor and a barrister. The summons will not be issued if the purpose of same is merely to delay action by a Creditor. I.e. Whatever you may think about legal advice, you cannot progress this procedure without it.
 
Hi

I have prepared and filed the plenary summons myself not a bother.

I am holding off on serving it, trying to get agreement.

I dont have a very negative view of legal profession I am sure there must be some good ones but finding them and trying to pay them is the problem.
 
I have prepared and filed the plenary summons myself not a bother
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I'm not a solicitor, but my understanding is that the Summons must be validated by the Master or a High Court Judge in order to be served properly!!
I did a quick check & discovered that such a summons (if valid) does result in holding off proceedings for up to 2 years & potentially longer. However I find it very strange that a DIY summons with no involvement of solicitor or barrister could be issued!!
 
They can be issued without any solicitor or barrister involvement. Anyone can do it so long as the paperwork is correct. There is absolutely no requirement to use any legal professionals at all.
 
Piedpiper, as you are doing a DIY job make sure you understand all the rules and procedure, it is quite complex but doable. The staff in the High Courts office should be able to help you. It's most important you get the documents right. And that you serve them correctly etc. Might be a good idea to sit in on a few cases in the Four Courts if you can to get a feel for it. Don't do anything to upset a judge and especially don't be too smart, they don't like that, be humble and polite always. And have your facts right.

Please keep us posted on the procedures and how you get on. Personally I find this kind of stuff intriguing, but I'm a boring old sod. It's a sad state of affairs that you can see you will be able to repay in 2 years and the bank will give you no lee way.
 
Complaint to Ombudsman should hold them off,but you have to give the Bank Notice to rectify the matter.Are EBS loans now in Nama.Does EBS exist or do they have power to appoint a Receiver.A receiver is usually appointed where there is a rent roll and it not being paid to Bank so they move in to collect the rent
 
Complaints

I thought the appointing the reciever was very aggressive and unexpected. There is no great arrears and arrears related to capital portion as opposed to interest. They had agreed interest only on numerous occassions if I would sign facility documents that said I would pay it off in full at the end of the interest only period which was 8 months away. They are being paid well in excess of any achievable rent roll.

I thought long and hard about ombusman but was afraid of this causing even further aggression.
 
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