Judgement Mortgage

It was not my intention soapjoe to imply that you are not a reputable person, I was responding to your comment about companies being served judgements when they had moved address.

An order for sale may not be sought if you can show that there will be no funds available after bank & revenue and any other charges have been settled. Also , if there are children residing in the family home, a court will normally postpone any such order. But a good solicitor will be able to advise you on this.

Thankyou Clubman. I would certainly try contacting MABS - I think the situation's different for ongoing business debt and they would not deal with this but i think they take a different approach for a debt that a person is personally liable for when a business has folded and when your PPR is at risk. No harm checking anyway. I think if nothing else you should certainly take the the approach Gauloise has suggested.

In relation to your solicitor if he has been negligent as you feel - have you talked to him about this and about rectifing his error. I still feel you should have some recourse - if nothing else against the solicitor himself as you feel you have suffered loss. Perhaps you should contact the Law Society for some informal general advice.

Fair enough Thrifty - no harm in approaching them I suppose. I still think that key issues here (as pointed out by several others) are (a) facing up to the debts/responsibilities and (b) engaging a "better" solicitor (although perhaps it's a bit late?).

Vanilla,I would be interested in hearing about the procedure to set aside the judgement.As I said earlier,I was served papers,I handed them to my solicitor,He didn't enter a defence,the creditor got his judgement by default,the creditor then got a judgement mortgage against the property.Once you have a judgement you can registered against the debtors property.No docuements were served on me by registered post.As for me being not sincere/honest, you are way off the mark.So if there is a procedure that will enable a judgement to be set aside, I would be interested in hearing about it.I also said I have other debts which I am repaying so I dont think you are correct when you say I am hiding my head in the sand.
Thrifty, I never thought about the Law Society - I'll give them a call on Monday.

First of all, if your solicitor didnt enter a DEFENCE, then the only way the creditor could obtain a judgement is by going by way of motion into court to obtain it, which involves service of more documents, they could not have obtained it automatically or by default as you say.

Secondly either papers were served on you or on your solicitor if you gave your solicitor authority to accept service. If it was on your solicitor and you really do have a case to make that the judgment was not justified or that the solicitor was negligent, then of course you have a right of action. If indeed your solicitor was this negligent, why have you not consulted another solicitor? You should do so immediately.

Bear in mind that the process of setting aside a judgment will involve more legal costs, so unless you have a good case, you are merely adding to your costs and delaying the inevitable.

Vanilla,if a solicitor does not enter a defence, whether he forgot or didn't know about it, why would the creditor need to serve further papers?He has already served them once.
In relation to the procedure for setting aside a judgement,how is this done?I consider myself to have a very good case but I was led to believe it is nearly impossible to set aside a judgement once it is obtained.

Vanilla,in relation to setting aside a judgement, is it a matter of going to the court in question and putting your case or would you have to lodge the amount in dispute into court until it is settled?
Thrifty,I contacted the Law Society - they will only deal with a specific complaint against a specific solicitor so I didn't get much help there.

I would like to ask a question which is similar to the original posters dilemma and may settle some peoples opinions.
I paid off a car loan last year that was over 6 months in arrears and I did bury my head in the sand as the bank in question were not very accomadating so I just hid from it until I knew I had the means to settle it in full.
So comes the time I could pay it off, in the meantime a registered letter about a court apperance about the debt came to my parents house ( i have not lived there in 10 years). I contacted the solicitor and told him I had the money to pay it off and that was that, well so I thought. So, my partner and I are going for a mortgage we now are debt free, jobs going well earning very good salaries and we have 2 small kids and have being paying €1,200 per month rent no problem for years now. Anyway, applied for my ICB report and it came up that I owe them €13k and there is a judgement registered against me. So, this morning I rang the bank and spoke to a human in there who apologised for the error on my ICB and sent me a letter to confirm loan is paid off and is sorting it with ICB today. Now, she did not know anything about the judgement obtained and neither did I. I never recieved a letter about them doing this and I am going mad, what can I do does anyone know.
This goes to show that YOU DO NOT ALWAYS GET A REGISTERED LETTER about things. They have obviously obtained a judgement against me without me knowing and now I do not know what to do as we want to buy a house and got refused by one lender, hence why I got ICB report coz we couldn't understand why.
Can anyone please advise me on what to do and what the implications are for me. I just want to buy a home for my kids, have no debts and a healthy bank balance. I have got credit cards and personal loans in the past few months no problem from my Bank so that is why I was puzzled when we were refused a mortgage. Thanks in advance for replies if any.

Did you or your solicitor respond to the registered letter regarding the court appearance?

Yes I dealt with it all myself. I phoned the banks solictors and they were grand just told then to give me the settlement figure and they did and I sent them a cheque and they told me that was fine.
I have a receipt which says account settled in full on it from the bank. I am very puzzled as to how they obtained a judgement against me without me knowing. I also thought they can only obtain judgement against you if you have property.
Prior to paying the loan off, the back were horrible. I wanted to pay a less amount per week or get a payment book until I got sorted out and they refused. The person I dealt with was evil, she even got personal with me on certain calls she made to me and I did complain about her but nothing happened. She seemed to enjoy upsetting me and used to sneer at me over the phone. The bank in question should be thrown out of this country and boycotted by the public to get rid of them.

If a credit rating is incorrect on the ICB you can apply to have it removed or an explanation entered as long as the institution involved agrees. Errors can and do occur but given the details you've posted you should be able to get it removed without it affecting your credit in the future.

Sarah

www.rea.ie

Thanks a million, thing is I sent settlement letter to bank who we applied for mortgage with and they still won't proceed coz of the arrears still present on the entry. They date right up to now which is wrong so I am ringing the ICB and faxing letter to them and see what I have to do to get it removed as the bank said it should all be clear.
Thing is, someone I know had their car repossed in 2003 then they got it back a few weeks later when they got the money off the credit union to clear the arrears and eventually paid the loan off in full in 2004. Their ICB report is totally clear "no data found" was on their report and that upset me as my arrears were not as bad as theirs and my car was never repossed and it's both hp loans with the same bank. I think it is alot to do with the nasty person I dealt with there as she was unreal and as I said before she backed me into a corner and enjoyed telling me she would ruin me financially and that I was a loser and all, my friend is a witness to one of the conversations a few years back.
I am now a qualified accountant so I am certainly not a loser!.

Vanilla,if a solicitor does not enter a defence, whether he forgot or didn't know about it, why would the creditor need to serve further papers?He has already served them once.

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Because that is the procedure. If you want to obtain judgement for default of defence, you have to serve a motion and affadavit on the other party giving them notice of your application to court.

Vanilla,in relation to setting aside a judgement, is it a matter of going to the court in question and putting your case or would you have to lodge the amount in dispute into court until it is settled?

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Actually I don't know. I would think, though, that the amount of time that has gone by since the judgement was obtained would be very important, and indeed it would be for any potential action against the solicitor involved too. So if you were thinking about making such an application you should do so sooner rather than later. Counsels opinion would give you a good idea if you have a case for setting aside the judgement- consult another solicitor without delay at the very least would be my advice if you are really serious that you do not owe this debt.