Judge: Taking advice from people to advance 30 points "just nonsense"

[Brendan Burgess]

Judge rules bank entitled to repossess home despite not agreeing 'more sensible' terms


ptsb got an order for possession in July 2015. They had appealed it to the High Court. They still got a 6 months stay.


"He also said they had failed to face up to their insolvency and he was urging them to get “good advice from a Personal Insolvency Practitioner.

This would be preferable to relying on others who had told them to advance 30-40 points in their High Court case which were “just nonsense”, the judge told Sharon Mallon, representing herself."

The judge said he was critical in his judgment of PTSB but he must implement the law and had no jurisdiction to make comments concerning fairness or otherwise.

While he considered a long-term arrangement was what was required, the bank did not want to do that, he said. In the circumstances, he told Ms Mallon he was urging her to get good advice and not advice from people telling her to advance 30-40 points which were “just nonsense”.

 

[Ravima]

It is sad that the most vulnerable are preyed upon by others.

It cannot be stated often enough that if you have financial problems, then get good factual correct advice and not plain stupid advice from freemen and landleaguers et al.

 

[Brendan Burgess]

I thought that this was dangerous just for the person affected, but it has wider ramifications.

On Tuesday next, the High Court is hearing an appeal by Tanager against the Circuit Court judge's decision to strike our an application for an order for possession. The borrower is a lay litigant. OK, he won in the Circuit Court but it will be difficult for him to win in the High Court. If the judge finds in favour of Tanager, it will make it very difficult for people facing the same issues to argue them again.

In December, there is a similar case where the borrower has a proper team of solicitor and barristers. They would have a much better chance of winning their case, but if the judge rules against them on Tuesday, they will have a higher bar to climb.

Brendan