My banks is taking me to court, what do I do?
Well you have just entered a game, a bit like GAA or Rugby, only thing is = this game has no rules.
Here is the Step by Step moves you are going to take. Before we start think on this:
Debt is Debt: if you can never pay back 1 thousand then there is no difference between 10,000.00 and 1,000.00. If I can never pay back 10 thousand then I would rather not be able to pay back 100,000.00. They treat you different……. What do I mean!
We were in with New Beginnings a few months ago and the conversation was going bad, basically they were saying that GE were going to move against us ‘this time’, no more adjournments.
So I said, please take notes on what I am about to say and send the notes onto GE’s Solicitors….. “it’s fine, if it goes to the Masters Court and them we get a court date, fine. We go to court and we loose, that’s fine. I will make a call to my accountant there and then [he knows what is happening], he will file for bankruptcy there and then. They get nothing. I will go home and strip the house of everything, every nut and bolt and sell it. I will then squat the premises, they have picked a fight that I don’t care if I loose”. It was adjourned, another six months! I would rather be in Debt for €1 Million than €1,000.00 = they treat you with kit-gloves!
Enough said, let’s start;
The first thing is you are behind with your mortgage, pay what you can, send them a statement of your affairs, try and get a copy of MABS version, it looks better. List out every cent you spend.
Join MABS, they hate MABS and MABS has a certain amount of clout. MABS is flat-out but get on the waiting list, you can inform your bank that you are waiting to meet MABS, more time gained!
Engage with the Bank on every occasion you can, tell them something that they need to hear. Eg. I have a job interview, my circumstance are going to change if I get the job, another month. Sorry did not get the job etc. Tell them something, anything!
Any decisions they make has to have come from the their mortgage arrears board, what ever it is = APPEAL IT, in writing and straightaway. That goes back and the next time the board sits they must bring your appeal up. More time gained. Each time you ‘officially’ appeal their decision, they have to halt any action against you! Got it?
Write to them and ask them: why have you not engaged with me in offering the following: [use the Revised Code of Conduct on Mortgage Arrears 2013, have you read it, you need to].
A lender must draw up and implement procedures for dealing with each of the following types of borrowers –those in mortgage arrears, those in pre-arrears and those which, fall under the Mortgage Arrears Resolution Process (MARP).
Such procedures must:
a) allow for a flexible approach in the handling of these cases
b) be aimed at assisting the borrower as far as possible in his/her particular circumstances
c) set out the how the lender will implement the five steps of the MARP; and
d) set out how their ASU ( arrears support unit ) will assess cases referred to it, including the types of alternative repayment measures or any other relief method that may be offered to borrowers by the lender.
Use these points and use them one by one, never send a letter asking all the points, they have to answer them one by one. More time.
Now go off and read the Code of Conduct on Mortgage Arrears 2013 and find more things to ask them or things that support your case in some way.
2013 Review on C of C Mortgage Arrears.pdf
So it gets to the stage of going to Court, this is when you start to ask for you personal file, there are generic letters to download and a lot more on our web site to walk you through that part.
The first place it goes to is the Masters Court, you can’t afford a Barrister & why would you, Go to the Masters Court and see what it is about before your case date comes up, anyone can go and sit in and listen, even take notes for your own case . It is NOT the frightening place they make us believe it is, please go and see for yourself, its amazing how this will help you with your nerves and the fear factor.
The Masters Court is the place where he decides if the case is ready to go downstairs to the main court. Here you just stand up and ask for more time, “Judge, I have no affidavit, I need time to submit one”, he will give you time.
The next time they call the case, stand up and say “Master I am in negotiations with the Mortgage company, I have just applied for a job, show him the paperwork [make sure you can backup everything you say].
I did just that and the Judge said, “I hope the job is successful, if you get it I don’t want to see you or the Plaintiff here again, make a deal with them, don’t come back to my Court”.
Needless to say I did not get the job!!!! Surprised, really?
Time is all we need and time is on our side, keep out of Court as long as you can, things are going to change, there are too many people up shit creek. The Spanish Government has put a stop on all evictions and has set up a fund to help those loosing their homes. See we just need time, things are changing.
When God made time he made loads of it.
This page will be updated as and when things change, it is a place to start:- so get going, take back your life.