Oireachtas Joint and Select Committees

Thursday, 18 April 2019

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

No Consent, No Sale Bill 2019: Discussion (Resumed)

Mr. David Hall:

Many proceedings are before the courts that are being mixed up with repossession proceedings. We were dealing with Start Mortgages on behalf of one of Deputy Ó Broin's constituents. Proceedings were issued against the young lady - this was some weeks ago - and, unfortunately, she passed away. She was buried on a Thursday and the big panic for us was to try and have the case adjourned on the Monday. The panic was because everyone, including Deputy Ó Broin, had interpreted that these were repossession proceedings whereas, in fact, they were to change the name to Start DAC. Start Mortgages had taken proceedings in the Circuit Court against this lady. The Circuit Court rejected this and Start Mortgages was appealing to the High Court. However, it was listed as being Start Mortgages. Start Mortgages was originating the loan. On the same day, the same issue arose with Ulster Bank and Promontoria. Again, Ulster Bank had initiated the legal proceedings. Promontoria had bought the loan among a mishmash of loans. It then had to substitute proceedings for Promontoria's name, but the originating ones would still be in the name of Ulster Bank. Again, it is devoid of any consumer clarification or protection and it is very confusing for someone who is genuinely trying to engage, as seems to be the case with the person to whom the Senator referred.

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