Help Please - home repossession in s Ireland to a southern irish bank

[jimjim5]

We had our house repossed in Southern Ireland in 2009 and we moved back to UK. The bank where we had our mortgage has now merged with a UK banking group and we recieved letters from a UK solicitors firm looking for a mortgage shortfall of in excess of 70,000.00.

 

At the moment we are a single income household struggling to make ends meet. I contacted CCCS who gave me letters etc to send them inculding income and expenditure offering 1.00 pm for the time being. they havnt refused this but are looking for really personal information such as employer details.

 

One of the letters is threating to take a UK CCJ out against us for the money. From what I have read here I get the impression that this is something that they cannot do but I do know that there is someway of enforcing the debt here.

 

What steps can they take against us as unless we win the lottery there is now way on earth we can pay this? The firm is definatly a solicitors I havnt seen them listed as a DCA

 

Thanks

[cerberusalert]

There are reciprocal agreements in place between EU member states where cross border actions can be taken.

 

Do you have any assets in the UK? If not have you thought about bankruptcy as an option?

[jimjim5]

We have a mortgage here in the UK. I dont know how bankruptcy will affect it. I have looked at the agreements between UK and Ireland but to tell you the truth i dont understand it. It says it can enforce the debt but i also interperet it as that it cannot appear on credit file here in the UK??? Can they get the CCJ here or does it have to be in Ireland. If they get it here it really mucks up any plans we have to hopefully re-mortgage in a few years to try and clear the debt by hopefully getting a settlement on it.

Edited April 2, 2011 by jimjim5
misspelling

[cerberusalert]

With having a mortgage bankruptcy isn't really an option. You could look into a IVA http://en.wikipedia.org/wiki/Individual_Voluntary_Arrangement

It says it can enforce the debt but i also interperet it as that it cannot appear on credit file here in the UK???

If a judgement is made in the UK it will be entered on to your credit file.

Can they get the CCJ here or does it have to be in Ireland.

As i said there are reciprocal agreements within the EU, see http://www.consumeractiongroup.co.uk/forum/showthread.php?250889-Can-I-Be-Sued-For-An-Overseas-Debt

[jimjim5]

Do the have to give us all the information such as how much the house was sold for. As if the figure is euros, the info isn't very clear so far, it will be about 20, 000 less.

[cerberusalert]

It's not just a matter of how much it sold for, there's the auction fees, conveyancing + other legal fees etc.

[jimjim5]

An Irish bank have filed a county court claim against me for a mortgage shortfall. they have lodged the claim through a court in the uk. they have never pursued this through the irish courts. I rang and checked. Can they legally do this without pursuing a judgement in Ireland first. I have been given confliciting information regarding this

 

Thanks

[cerberusalert]

Is it a NI or ROI bank?

[jimjim5]

its a roi bank ulster bank ireland

[cerberusalert]

There are reciprocal agreements in place but in the absence of a CCJ in the ROI it can still be heard in the UK but it would have to be heard using ROI leglislation.

 

Did these court papers come from Northampton?

[jimjim5]

no maidstone county court

[jimjim5]

i havnt a clue what to do with it

[cerberusalert]

The only thing I can suggest is that you challenge the jurisdiction of the court.

[cerberusalert]

Can you scan it remove any identifiers & post it up, or at least quote the particulars of claim (POC)?

[jimjim5]

Do I just return the forms saying I'm challenging jurisdiction so. Is there anywhere I can get legal help with them.. I can't scan. It just states mortgage shortfall 71,027.48 and partial address of the property. It does not detail anywhere the full address or that its in the roi

[cerberusalert]

I'm going to move your thread into the legal forum to see if the legal wallahs can help.

 

The POC seems to be ambiguous and you should be able to defend on two counts in my opinion, out of jurisdiction an a .'embarrassed defence'.

[jimjim5]

Thank you

[cerberusalert]

Thread moved.

[cerberusalert]

Jurisdiction in cross border cases is governed by EU Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, otherwise known as the Brussels Regulation.

 

Normally the usual place of residence of the defendant is the country with jurisdiction to process the case. People who normally reside in a particular Member State must, whatever their nationality, be sued in the courts of that Member State. However, there are exceptions to this so some claims can be brought in another Member State other than where the defendant resides. These exceptions mainly occur in matters relating to -

 

• a contractual obligation;

• actions for damages;

• matters relating to maintenance; and

• matters relating to consumer contracts, insurance and to individual contracts of employment.

• Matters relating to patents and trademarks

• Matters relating to ownership or tenancy of immovable property

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex725_e.pdf

[jimjim5]

Can anyone advise on what I should do

[Gaston Grimsdyke]

You're in England and the general rule is that a consumer has to be sued in his home jurisdiction. They might have been able to sue in the ROI if the property in question was there but they don't have to.

[jimjim5]

I have to go to court re a debt of 70k. I don't know what to do can anyone tell me what happens and what can happen. It's re a house repossession

[rebel11]

Hi jim

 

Thread moved. You need to provide more details so the guys can advise.

[jimjim5]

Its a county court case re a mortgage shortfall. We got the papers on Saturday. I have the details in another thread. The debt is from another country but there are pursuing it through the courts here. I don't know what way court works and I don't understand terminology either

[Chipmeister]

Firstly jimjim, are you able to provide a link to your previous thread with all the details? Can you also advise which country the debt is registered in? Someone who knows more anout these things may be able to advise you in respect of whether a case from another legal jurisdiction can actually be heard in the UK.All the best,CM