Oireachtas Joint and Select Committees

Wednesday, 16 June 2021

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

General Banking Matters: Discussion

Mr. Tony Lawlor:

I thank Senator Higgins for very prudently addressing the issue related to GDPR. In my submission, I refer to following the court procedure. I was put through a court procedure in the Circuit Court and High Court in which the most significant piece of information was withheld from the process. The banks and legal people are telling me that, in these circumstances, all the banks will do is claim protection according to the principle ofres judicata, whereby I am told my case has already been before the court and that I had a chance to raise the arguments with the judge. However, the most important piece of information contained in my entire mortgage file was withheld from me. This would have impacted greatly the affidavit made for the courts and it would certainly have steered the court to carry out an own-motion assessment of the unfairness of the mortgage and the bank. However, the information was kept out of the process in the first instance. I was given the information when the process was over. I have sought legal advice on re-entering the process and have been told the banks will just claim the principle of res judicata. I will be told, "It was already before the courts, Mr. Lawlor", but it was not. The most relevant information was not before the courts.

Let me make it absolutely clear to the committee that I have no intention of trying to seek my home in the way that might be suggested. I will honour the commitment I have given but I will not be blackguarded. That is what has happened here. These people show no mercy. I live every single day in fear of a sheriff arriving at the door. Now I have to contend with the fact that there is legislation going through the Dáil to allow private security firms to evict me from my home. What these people are doing to me is a living nightmare. I have told the bank that I will pay my mortgage at the rate agreed but it is just not interested in that. It just wants more and more profit. It does not care. As I said in my statement, evidence from redacted statements is used to keep the courts happy and to facilitate the granting of possession orders.