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Legal aid unlikely for couple contesting the repossession of home

This article is from page 5 of the 2014-07-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 5 JPG

A WOMAN whose home is due to be repossessed by a financial institution has been told she will be able to stay there for Christmas.

The woman was one of a number of debtors who appeared at a sitting of the County Registrar’s court at Ennis Courthouse on Friday.

A financial institution is seeking possession of the woman’s house in Clare. Details of the application were not heard, as this was the first time the application was before the court.

County Registrar Pat Wallace asked the woman who was living in the house. The woman said she and her two children were still in the property. She said she would not be contesting the application. Mr Wallace adjourned the application to November 14.

“Do you think I’ll still be in the house for Christmas,” she asked the registrar. He told her she would.

In another case, the county registrar advised a couple seeking to adjourn an application for repossession to “stop this mumbo jumbo for legal aid”.

The couple owes € 74,795 to AIB for a mortgage in South East Clare.

The defendants, who were not in court and not legally represented, have failed to make monthly repayments.

Solicitor for the bank said attempts to make the couple re-engage with the process have proved unsuccessful.

Mr Wallace said, “I don’t know what is going on with these defendants. The money is not insurmountable.”

The court heard that couple are attempting to get legal aid and have sought an adjournment of the application.

The registrar said he believed the application was a “waste of time” as he believed legal aid would not be granted.

He told the bank’s solicitor to make contact with the debtors. He said it was time for the couple to start engaging with the process. “Tell them facts of life and that something is going to happen”.

“They have to stop this mumbo jumbo with legal aid that will probably be refused,” he added.

He directed the bank to make contact with the debtors. He adjourned the application to November.

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