On a majority of the Civil Bill for Possession, they will list the vehicles for getting you into court, including the 2009 land con’ and 2013 reform; normally around number 5 of the listings or even in the Verifying Affidavit (it differs a bit but) states: ‘the proceedings are within the Jurisdiction of this Honourable Court, the property is below the Rateable Value of €255.60’.
They then produce a generic letter that states: ‘there are no rates in Ireland, however if there were the property describe would be below €255.60’.
For those that are lucky enough to have an Order or even lost their property: you just got the means to reverse that and sue them.
If you are in court with just the usual adjournment; then you counter claim them, go for a strikeout with costs and expenditure, all those legal costs put against your mortgage, disappear. And off you go; sue them. Or for the brave, counter claim them with a figure that gets you into the High Court, just for fun, real fun.
Why are we all getting so many adjournments when we don’t even ask for them: “they are case building as they go along” and know how weak their cases is/are and the fact that people will be paying as much as possible in the vain hope that the Bank will stop the case; it’s all about the money….. yep, it is.
The words that will stay with me:
“it appears on evidence that the plaintiff and others have devised and used an ad hoc non-statutory process which is devoid of legal effect, for the purpose of persuading the Circuit Court that it has a jurisdiction which it does not in fact enjoy”.
And she went on to say; “this is a matter of serious concern to the Court”.
Could the Court be sued ? time will tell.
And again “the court is conscious that this is a circuit court appeal and therefore its decision is final” ——– The court is satisfied that the law is set out herein”….
So will they come back at you using the other 4 point, yep but you have counter claimed or sued them for the distress, heartache and torcher.
Maxim in Law: ignorance of the is no excuse. End of. But then one must ask; what if they fully understood the law and just flaunted it?
The Hub – Ireland ·
Don’t forget = anything we put up is not to be construed as legal advice in anyway shape or form. For entertainment purposes only. Go have fun and why not test-run, ‘test-run, everything’.