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Possession proceedings halted by failure to provide court with relevant documents

By: James Cross BL

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High Court, in an appeal from the Circuit Court in possession proceedings, determines that a building society erred in failing to put the General Conditions and Rules of the loan before the Court, and therefore the cannot discharge its Own Motion Obligation when considering the case, and determines that no steps should be taken in respect of the repossession of the property until the parties address the Court on how best to proceed.

Circuit Court Appeal – EU law – possession proceedings - building society loaned 300k to the debtors – residential property was the security for the loan – charge registered as a burden - defaulted on loan – letter of demand – son claimed that he was encouraged by the building society to take over the mortgage – no assurances given that the parents would not be forced to leave the house – defendants not present at the hearing – represented by their father - Unfair Contract Terms Directive – judge required to do a fairness test on contractual documentation - Own Motion Obligation – traditional processes not fit for purpose – building society has failed to provide the court with the papers necessary for the court to discharge its Own Motion Obligation - General Conditions and the Rules not provided – case did not get the complete consideration of your case at Circuit Court level – hear from parties about how best to proceed – no steps to be taken pending the hearing in relation to next steps.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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