Here are a few things to contemplate when putting your case [Statement of Claim] together:-
Did your Bank / Mortgage company commit fraud on you?
False representation?
Failing to disclose the full fact about your mortgage or mortgage note?
Abuse of position?
Intention to deprive you of your property
False accounting?
So here we go: does the Bank / Mortgage company explain, up front, within their product brochures or their paperwork that they created the money [loan] from thin air?
Did the Bank / Mortgage company explain that the ‘credit agreement’ is a note [aka a security]. A negotiable bond instrument that they would use as ‘cash’ for accounting purposes?
Did the Bank / Mortgage company explain to you that the only equity [value] put into the deal was the equity you brought to the table, your home?
Did the Bank / Mortgage company explain the true nature of the contract? Were you induced into a contract that was never sustainable? Did you have access to an independent solicitor?
All efforts should be put into getting them to show you the wet ink contract that you signed. The original credit agreement.
With some decent homework I feel this could be added into any Statement of Claim.
And lads & Lassies you can add more than one SoC, so you don’t have to get it all in one document,
Criminal Justice (Theft and Fraud Offences) Act, 2001
6.—(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence.
(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.
7.—(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception obtains services from another is guilty of an offence.
(2) For the purposes of this section a person obtains services from another where the other is induced to confer a benefit on some person by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.
(3) Without prejudice to the generality of subsection (2), a person obtains services where the other is induced to make a loan, or to cause or permit a loan to be made, on the understanding that any payment (whether by way of interest or otherwise) will be or has been made in respect of the loan.
(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.
Unlawful use of computer.
9.—(1) A person who dishonestly, whether within or outside the State, operates or causes to be operated a computer within the State with the intention of making a gain for himself or herself or another, or of causing loss to another, is guilty of an offence.
(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.
False accounting.
10.—(1) A person is guilty of an offence if he or she dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another—
(a) destroys, defaces, conceals or falsifies any account or any document made or required for any accounting purpose,
(b) fails to make or complete any account or any such document, or
(c) in furnishing information for any purpose produces or makes use of any account, or any such document, which to his or her knowledge is or may be misleading, false or deceptive in a material particular.
(2) For the purposes of this section a person shall be treated as falsifying an account or other document if he or she—
(a) makes or concurs in making therein an entry which is or may be misleading, false or deceptive in a material particular, or
(b) omits or concurs in omitting a material particular therefrom.
(3) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.