Negligence cases in ireland

nooneworker

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NoQuarter

By the sounds of your case (general negligence) the time limit is 6 years but I'm just a random internet person so dont take my word for it, go see a solicitor.

Milk & Honey

NoQuarter wrote: »

By the sounds of your case (general negligence) the time limit is 6 years but I'm just a random internet person so dont take my word for it, go see a solicitor.

With contracts under seal e.g mortgages the time limit is 12 years so it might be a 12 year claim.

Tom Young

A bank does not owe a duty of care in general, unless hard and fast representations have been made, outside the normal course of dealing.

There has been a recent NI decision on this.

The Financial Services Ombudsman should be the first port of call.

Most lawyers are awash with illconceived banking negligence claims at present. Most are doomed to fail and the poor litigants have some false hopes in many instances.

danbrosnan

Tom Young wrote: »

A bank does not owe a duty of care in general, unless hard and fast representations have been made, outside the normal course of dealing.

There has been a recent NI decision on this.

The Financial Services Ombudsman should be the first port of call.

Most lawyers are awash with illconceived banking negligence claims at present. Most are doomed to fail and the poor litigants have some false hopes in many instances.

Ok so if a costumer of a bank with a mortgage from that bank can prove that when applying for the mortgage that they did not do the proper checks and actually lied on the applications would they have a case???

Tom Young

I don't mean to be rude, but I'm not going to repeat myself. The post above answers your subsequent post. There is no duty of care, unless the product came with specific guarantees that were factually misrepresented.

All credit institutions will have legal disclaimers requiring the seeking of legal advice prior to signing, etc.

The FSO is your first route before initiating proceeding which may be doomed to fail.

In saying that, this is an Internet forum, with a charter, which no doubt you studied in great detail.

danbrosnan

I know they don't have a "Duty Of care", if you ask me nobody has in this country anymore or ever did since about 1922....

Thanks for your answer...

Procrastastudy

You should probably examine how the Irish rules on negligence differed from the English position until Glencar.

danbrosnan

GCDLawstudent wrote: »

You should probably examine how the Irish rules on negligence differed from the English position until Glencar.

Too complicated for me sorry buddy.. Just an ordinary decent employee is all i am!!!!:D

Procrastastudy

danbrosnan wrote: »

Too complicated for me sorry buddy.. Just an ordinary decent employee is all i am!!!!:D

It really isn't. There's very little complicated about the law - just a lot of it. Its a bit like history that way... Incidentally the "Neighbourhood Principle" e.g. the over reaching Duty of Care didn't exist until 1932.

danbrosnan

GCDLawstudent wrote: »

It really isn't. There's very little complicated about the law - just a lot of it. Its a bit like history that way... Incidentally the "Neighbourhood Principle" e.g. the over reaching Duty of Care didn't exist until 1932.

When you say "duty of care" are you talking about a financial law??? are does "duty of care" effect us all??

Kosseegan

danbrosnan wrote: »

Ok so if a costumer of a bank with a mortgage from that bank can prove that when applying for the mortgage that they did not do the proper checks and actually lied on the applications would they have a case???

Who lied, the bank or the applicant?

danbrosnan

Kosseegan wrote: »

Who lied, the bank or the applicant?

The bank!!!!

Kosseegan

danbrosnan wrote: »

The bank!!!!

Who did they lie to? Did the borrower know it was a lie? Would they have taken the loan anyway?

Tom Young

danbrosnan wrote: »

The bank!!!!

Get out your contract - It will be in writing. It will have the terms you accepted and signed-up to. Lies and mis-selling aside, rethink after a perusal of the terms and the advices you say you got.

There won't be a case - in most instances.

danbrosnan

Tom Young wrote: »

Get out your contract - It will be in writing. It will have the terms you accepted and signed-up to. Lies and mis-selling aside, rethink after a perusal of the terms and the advices you say you got.

There won't be a case - in most instances.

Its sad isn't it that we will have to wait another 20 to 30 years before we realize that the powers that be have f8cked the vast majority of us over and over... Just like the catholic church did in the past...

I have the contract and if anybody looks at at, it reads for humorous reading, and Tom i know, that in the main back page where both applicants sign, with all the small print is the most important.... and yes i did sign it...

But if the Bank did simple background checks then the should have not supplied the mortgage because there was no income from both applicants... None...

Now before we go any further, i have paid the mortgage in full up to last week, never missed a payment and i never will please god, i not looking for no handout or shortcut.... I just want someone to tell me you know your right that we lended money where you should not have... Which is negligent lending... Which has crippled our country for evermore...

danbrosnan

And i know that i should not be judging anybody on ere and its a forum and its the posts that we look at, not the poster.. (i did read the charter Tom)....

Some people in this country have done everything right and are looking at the vast majority and saying its there own fault should't have done this and that.... but somebody has to stand up and take responsibility and it's my belief the very first place this should be done is in our banks...


The people that loaned all this money need to take responsibility and it starts with every bank in the country.

ResearchWill

danbrosnan wrote: »

Its sad isn't it that we will have to wait another 20 to 30 years before we realize that the powers that be have f8cked the vast majority of us over and over... Just like the catholic church did in the past...

I have the contract and if anybody looks at at, it reads for humorous reading, and Tom i know, that in the main back page where both applicants sign, with all the small print is the most important.... and yes i did sign it...

But if the Bank did simple background checks then the should have not supplied the mortgage because there was no income from both applicants... None...

Now before we go any further, i have paid the mortgage in full up to last week, never missed a payment and i never will please god, i not looking for no handout or shortcut.... I just want someone to tell me you know your right that we lended money where you should not have... Which is negligent lending... Which has crippled our country for evermore...

If there was no income from either party how did the bank advance the money. If I remember it was said earlier that neither applicant lied so are you saying the bank never asked about income and the applicants never said.

In relation to any claim for negligence you have to show that you have suffered damages. From what I can see you and another person want to buy a house, a bank offered you the money to do so, ye bought house and have made all payments so where is the damage the bank caused.

Tom Young

Oh sure the entire country was subject to practices that were in theory imprudent, negligent and reckless. There is no question or doubt about that.

Your last para is heartening. Keep up the hard work! If things go wrong and you feel like the walls are closing in, talk to someone. The banks at this stage, also have to positively engage.

I know countless people and in many instances, clients who would say the same thing. The spiral and oxygen of the boom was infectious and has left the country a shell of its former self.

Tom

PS: In re. shafted by powers that be. I think its not just the Irish powers that be but a contagious pandemic fiscal arse covering exercise by credit institutions who should have been properly controlled and were not, that is causing many issues.

ResearchWill

danbrosnan wrote: »

And i know that i should not be judging anybody on ere and its a forum and its the posts that we look at, not the poster.. (i did read the charter Tom)....

Some people in this country have done everything right and are looking at the vast majority and saying its there own fault should't have done this and that.... but somebody has to stand up and take responsibility and it's my belief the very first place this should be done is in our banks...


The people that loaned all this money need to take responsibility and it starts with every bank in the country.

I moved back to Ireland in 2004, sold house in UK, I went about buying house here and after 6 months said this is madness. I then spent the next 3 to 4 years begging my friends not to buy and those with more than one property to sell. None took my advice, I was told I was a fool.

While I agree that banks have to take responsibility for bad lending, anyone who borrowed silly money must also take responsibility. It still takes two to tango.

danbrosnan

ResearchWill wrote: »

If there was no income from either party how did the bank advance the money. If I remember it was said earlier that neither applicant lied so are you saying the bank never asked about income and the applicants never said.

In relation to any claim for negligence you have to show that you have suffered damages. From what I can see you and another person want to buy a house, a bank offered you the money to do so, ye bought house and have made all payments so where is the damage the bank caused.

I understand what your saying and tbh it is a very very long conversation to be posting in the forum, its personal and the damages are infinite... I don't know if i am on my own in the taught of my argument... The mortgage would have been a complete disaster if it wasn't for me working my bollix off.... Everybody lied (i never said i didn't lie) i was only 20 at the time and i didn't know what i was doing really... i didn't have the life experience or maturity to be taking on such a responsibility but i did and i live with quite successfully...

But everybody i know has just said f8ck it and not payed a penny towards there own loans, mortgages...etc.... and i don't blame them, for me this is the end of my replies to this forum too much has been said already...

Kosseegan

danbrosnan wrote: »

I. Everybody lied (i never said i didn't lie) i was only 20 at the time and i didn't know what i was doing really..:(

You were asked who lied. You said the bank. You have only yourself to blame for what happened. 20 is not too young to know the difference between truth and lies.

Tom Young

We don't do legal advice. That is a completely different issue.

Tom Young

nooneworker wrote: »

i think you will find i was not looking for legal advice just painting a picture of the situation

I think you will find that you might be easily identified by the 'painting of the situation' and would ask you to consider the potential compromise that could be caused, etc.