By : Brian aka Brizer
Ok folks, it was round 2 for me today in Portlaoise Circuit Court with regards to my alleged mortgage debt and it was very positive. I was accompanied by my good friend who is also a member of PIR who recorded the proceedings which will follow later.
The last time I was in court I was first up in the possession cases (sounds like I was up for an exorcism, doesn’t it? LOL) however this time I was second last to be heard. There were 50 cases before the court today (just shows how serious this whole thing is) and about half turned up. So I had to listen to other cases for over an hour and it was heart breaking to see ordinary folks tell their stories and pleading with the registrar for more time. Damn but this whole system stinks to watch first hand ordinary decent people having their lives screwed up.
Anyway, I digress, when my turn was called the solicitor said his piece and I was surprised at his change of tack because he recognised this time the official offer and that I had been doing my best over the last few years but insisted that because of the high arrears the debt was “unsustainable” and was moving for a possession order. The registrar tended to agree and when he asked me how I was going to deal with this. I responded that I have been constantly performing on the debt and remained in honour and was following the advice of Edward Honahan (Master of the High Court) who recommended offering the bank a promissory note which is the same as the official offer. He paused slightly (probably thinking that this guy has done his homework!) and then asked had I explored any other options such as insolvency or New Beginnings I told him that they would be doing the exact same thing as the Official Offer but would be charging for their services plus there was no guarantee that I would keep my home. He kept persisting that something urgent needed to be done pertaining to the arrears and that he could see “no light at the end of the tunnel” although he acknowledged that I was doing my very level best in my circumstances so what could I foreseeably do to address this?
So now it was crunch time. I could either push for another 2 month adjournment which would have been granted or step it up a gear. So from somewhere up in the ether a little voice (probably my soul LOL) whispered to me “hit ’em with Article 40.5 of Bunreacht na hEireann (Irish Constitution) which states quite emphatically that “the private dwelling of every citizen is inviolable and cannot be entered by force unless with accordance with law”. I took my souls advice and hit ’em with it and then suddenly the whole scene changed and the registrar was very helpful and I even noticed that the solicitor had a look on his face saying “shit, we got a fight on our hands now and it don’t look good!” LOL
The registrar then said “oh, would you like to file an affidavit of defence?” I said yes and so it was ruled that I had to file said affidavit by 7 May and the case was to be moved to the judges list to be heard on the 11 May. This is because the registrar cannot make a ruling when the Constitution is invoked, only a judge can.
So now I have just under 4 weeks to file and will be working with Vin and the rest of the PIR Research Team to put together an airtight “in your face” affidavit that will have these scoundrels well on the back foot and scurrying back into their holes where they came from!
Bring on Round 3! This will be the big one folks and I will accept a draw where I continue with the OO into the distant future or who knows maybe it will go even one better and have mortgage written off but only time will tell. But the spirits of my ancestors who fought for Irish Independence back in the day are on my side so it’s my turn to carry the torch so wish me luck!
Any support on the 11 May in Portlaoise court would be most welcome and appreciated.
I will be live on Graham Hart’s show on PIR tomorrow night (Tue 14 Apr) from 9-11pm to discuss further so please tune in.
Brian aka Brizer