What happened in Naas Courthouse today……..??? Update…..


A number of people have asked for an explanation of my comment on Facebook in relation to a success in Naas today I will try to explain as best I can…..

The matter today concerned AIB Credit Card Services and a very good friend of mine from Kildare who would be known to most of the people who read this blog from last year…..

It related to approx 30,000 euro of alleged Credit Card Debt which AIB were vehemently pursuing my friend for by way of Summary proceedings in the Circuit Court….

My friend had elected to take a Payment Protection product offered by the Bank when the Credit Card was offered, but the Bank never allegedly deducted a premium for this product and ignored my friends representations to them in relation to this protection…..

At the last hearing of this matter a couple of months ago my friend produced a copy of the original agreement which clearly showed my friends signature in the box indicating acceptance of the Payment Protection product, this copy was handed to the Judge where upon the Judge asked the Banks Barrister what he had to say about that…

His response was that the Bank had a view on that and in addition my friend had never applied to activate the said payment protection, he neglected to mention that the Bank never acknowledged my friends correspondence on the matter nor did they inform him of how to activate a claim…

The Judge then asked my friend where he had gotten the copy of the agreement to which he relied, from the Bank of course…

The Judge then directed that the Bank should provide the Court with the original of the agreement for inspection and adjourned the matter to today..

Following that hearing we immediately wrote to the Bank and requested directions on how to activate a claim under the Payment Protection Insurance and recited their Barrister’s comments from the Court… of course there was no rely until last friday when the my friend received a letter from the Bank’s Solicitor indicating that the Bank would be making an application to have the matter struck out today and that there would be no further action in the matter….

We arrived at two conclusions,

1. The Bank could not produce the original documentation.

2. The Bank could not successfully argue the Payment Protection was invalid.

It matters not what the reason was, the result is what is important.

So today… we produced an Affidavit which addressed the matter of costs as the Bank was seeking to have the matter struck out with no order…

The basis of our claim for costs was grounded in the Bank’s abuse of process by instigating these proceedings by way of the Summary Summons process which was completely abusive to the Courts and my friends Civil Rights as he had indicated many times that he had payment protection and would resist attempts to deny him access to that protection…

The firm of Ivor Fitzpatrick represented the Bank to date but today a local Solicitor from Naas appeared on their behalf,  Ivor Fitzpatrick obviously deemed today an insignificant event and not worthy of their attendance…

So we applied a favourite trick of the Bank and lodged our Affidavit with the Court yesterday afternoon and served the local Solicitor in the Court this morning which immediately got her attention…

The case was called and the Solicitor made her application to strike out the matter with no order at which point my friend, who is quite nervous in Court stood and asked the Judge to read his Affidavit which she duly did…

With no further comment the Judge agreed to strike out the matter with costs awarded to my friend..

The local Solicitor had nothing to say because in her own words she had no instructions on how to proceed…..

So order made, now all that remains is to collect a copy of the perfected order from the Court Office in a couple of days, attach our Invoice for Costs and send it winging its way to AIB…

We both agree that it would be interesting and not beyond the realms of possibility that AIB will refuse to pay in which case we will have to go back to Court and make an application for a Judgment against the and that could get very interesting as it would require a follow on trip to the Sheriff and his/her obligation to enforce the Judgment by removing goods to the value of the Judgment, preferably from AIB Bankcentre in Ballsbridge……

The moral of the story is to read your paperwork carefully, engage with the Bank and fight like your life depends on it…

You don’t have to be a great speaker or have nerves of steel to stand in a Court, just have a friend who can sit beside you and hold your hand through the process, I was proud to be that friend today to a chap who has seen more than his fair share of atrocious treatment at the hand of Banks……

Don’t be afraid to ask for help…there are lots of allies out there who will step up to assist you….but you must ask….

and remember…

YOU DON’T HAVE TO BEAT THE BANK!….YOU JUST HAVE TO WIN!…..

Next time I hope to report on maybe a Mortgage success, that may not be too far away….!!!

Peace

5 comments

  1. P. McK · · Reply

    Well done. The banks and solicitors have been operating on the basis that we would never questions of fight any cases.

    It seems their arrogance and sloppiness is catching up with them. They try to trick us with leagleease but once you actually start looking to it logically a lot of their cases fall apart.

    Sometimes it is as simple as to ask for original contracts and proof that they have not sold the debt in which case would mean they cannot have been paid for the the debt and still chase you for it.
    Ask them to see the actual account entries from their financial records showing the debt exists…

    Ask the fuckers so many questions and to provide proof of claim they will wish they didn’t tried and shake you down in the first place.

    Don’t Worry, Most of these legal kids can’t even put a sentence together in the courtroom ……Red faced and hearts pounding, bumbling and shuffling half baked paperwork in the hope its never questioned…
    Never give up, keep fighting. Be aggressive chase them down with registered letters non stop and put them on the back foot … Look at this site http://www.getoutofdebtfree.org/ …Rant over :)

    Like

  2. thanks for the good news, and the advice, although we hear this advice from time to time, it gets lost in all the noise that happens in our life, its never unwelcome and always gives a boost, nice to see one of your crew in person in mullingar, may the goodwill come back at you fivefold

    Like

  3. kieran · · Reply

    well done to all involved!!

    Like

  4. Great Article and finally some good news, keep up the good work…

    Like

  5. Micky Macky · · Reply

    I love this type of report. I have a file about 4 inches thick with letters, each one from the bank absolutely ignores my questions, and it’s going on since Jan 2011.
    Thanks for your recent articles, all of which enlighten us mere mortals. gradually we learn a bit everyday.

    Like

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