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legal responsabilities of a judge / county register

  • 05-08-2015 6:16pm
    #1
    Registered Users, Registered Users 2 Posts: 20


    Hi, my building society secured a term extension and restructure of my mortgage via a court without my consent or knowledge is this actually allowed to happen without prior notice or right to appeal the decision made on my behalf by a judge or country register.. What are the correct actions of both the bank and courts in this situation. I have heard anything about this until recently and was never notified that this was going to happen. Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Judges can only rule on what is in front of them. If they are satisfied the lender tried to contact you properly and that it's a matter of you not showing up, then there isn't much a judge can do.

    Does everyone involved have your current contact details?

    If you wish to appeal, contact a solicitor.


  • Registered Users, Registered Users 2 Posts: 20 nidge2015


    The bank and courts had a full commpleted SFS for myself, my question is should I have been contacted prior to this happening. Either by the court or the bank


  • Posts: 0 [Deleted User]


    There must be some detail missing. Courts don't make those orders easily. In fact they're extremely difficult to get. No way the court makes that order without sufficient proof.

    These orders are usually made in specific circumstances and they aren't sought by financial institutions. I don't think you should say anything more here and if you have an issue with the order it's not the building society or court that your issue will likely be with.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    You should have had notice of the court proceedings served upon you by the bank. Get legal advice now. Do not faff about on discussion boards. If you are telling us the whole story, and these events unfolded exactly as you say, and there is no question that, e.g. you were uncontactable or were seeking to avoid the process, you have a very strong case for getting the order set aside and the whole question re-examined with your involvement. But there will be a time limit within which you must appeal.

    Go directly to a solicitor. Do not pass go. Do not collect £200.


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