Debt Problems | Bankruptcy

Frivolous and Vexatious High Court Proceedings Struck Out in Debt Case

Arthur O’Neill entered into loan agreements totalling almost €2,000,000 with First Active plc in 2007. The loans were subsequently sold to securitisation companies after 2015. Mr O’Neill brought High Court proceedings claiming that he had originally been offered 25 year interest only loans by First Active plc and in the process of the loans being …

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The Summary Summons Procedure in Debt Collection-All Parts of the Debt Must Be Set Out in Full

This Supreme Court case has put the cat amongst the pigeons, to a certain extent, when the summary summons procedure is being used to collect debts. In 2008, Bank of Ireland Mortgage Bank advanced a mortgage loan of €225,000 to Mr. Joseph O’ Malley. Shortly after the loan was advanced Mr. O’Malley ran into financial …

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Did Lease Granted by Borrower Prevent AIB From Securing Possession of D4 Property?

AIB granted a loan to Richard Finbarr Fitzgerald and the parties entered into a mortgage contract. The 1995 mortgage, registered in the Registry of Deeds, was secured on a flat in Dublin 4 and the bank now sought an order for possession. However, there was a problem. Fitzgerald had gone bankrupt in January 2020 but …

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Promontoria Denied Judgment of €27 Million Because of Hearsay Evidence Rule

The Court of Appeal have held that the High Court was correct in refusing to grant summary judgment against the borrowers, Mr and Mrs Burns. It held that the evidence was not adequate and was inadmissible because it was hearsay evidence, and the usual way around the difficulty was not open to the applicant because …

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Unfair Terms in Consumer Mortgage Agreements-An Instructive Supreme Court Decision

The Supreme Court has handed down an instructive judgment in a case in which a County Registrar had granted a possession order against the borrowers. The borrowers sought an extension of time from the High Court in respect of the County Registrar’s decision. The High Court refused the extension and the borrowers appealed to the …

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