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Dublin: 8 °C Tuesday 21 May, 2013

I stopped the sheriff: Activists prevent eviction of man from Laois home

Independent TD Joan Collins was among a group of activists that stopped the attempted eviction of a man from his home in Laois yesterday.

Ben Gilroy, from Freedom From All Debt, and Pat Dunne, the deputy sheriff, argue outside the home in Laois.
Ben Gilroy, from Freedom From All Debt, and Pat Dunne, the deputy sheriff, argue outside the home in Laois.
Image: Screengrab via YouTube.

A GROUP OF housing activists and an independent TD prevented an attempted eviction of a man from his home in Laois yesterday.

A collection of housing groups and the People Before Profit TD Joan Collins were in Mountrath to prevent the deputy sheriff, accompanied by the gardaí, from evicting a man from his home, arguing that their actions were not constitutional.

It was the first such case of People Before Profit, Freedom From All Debt, the Defend Our Homes League, Its Not Our Debt and the Anti-Eviction Task Force coming together to defend a home from repossession.

Collins told TheJournal.ie that it won’t be the last: “The main aim is that there will be no evictions or repossessions of family homes in Ireland.”

Lee Wellstead, 47, was facing eviction from his home having lost in his battle against Ulster Bank in the Commercial Court, the Laois Nationalist explains.

He had bought the three-bedroom property on four acres of land in Knockanina - near Mountrath and Castletown - in 2003 for €80,000 and then acquired a top loan on the mortgage of €30,000. Having failed to keep up with repayments, the bank pursued him and was granted a repossession order last year, the paper reports.

Collins said she heard about Wellstead’s story and travelled to Laois with the other groups to help him defend his home.

In the video entitled ‘Constitution Halts Sheriff’ Ben Gilroy from Freedom from All Debt argues with the deputy sheriff, Pat Dunne, that it is unconstitutional for him to attempt to evict Wellstead from his home.

After a lengthy argument the sheriff and the accompanying garda officers depart:


YouTube: freedomfromalldebt

“We’re trying to work on two fronts,” Collins told TheJournal.ie “We’re defending people from evictions but we’re also going to put our own bill through the Dáil in relation to homeowners and to help them when they are in distress with their mortgage.”

The story was first flagged by Politics.ie and has been written about by the NAMA Wine Lake blog today. It notes that some 600 properties are repossessed each year according to the latest figures from the Central Bank.

Collins said they hoped yesterday’s successful blocking of the eviction can raise awareness of their campaign: “What he wanted to do is highlight that people will stand with these people facing eviction if people ask us to do it.

“Some people are particularly ashamed of letting people know what they’re going through. They are fearful that they are in debt and people knowing about it. We’re trying to get the word out so people can know that we will stand with them if they are evicted.”

Collins said that in Wellstead’s case, the sheriff will now have to seek another order for eviction and added: “We’ll be back down again if he does do that.”

“These banks gave out these loans in full knowledge that people were strapped and now they’re saying we’re going to take them back and they’ll be forced into social housing. But there’s no room on the social housing list for these people to be accommodated,” she added.

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Comments (126 Comments)

  • The story in the above case doesn’t reveal how much is owed’ when did repayments cease and whether other debts are secured on the property. Maybe The Journal can fill in the details later. The question that needs to be asked is whether the same groups are willing to obstruct the repossession of a house in Rathgar, Terenure, Foxrock, Howth, and so in where the amounts outstanding might be in the very high six and even seven figures.

    Reply
  • Ciaro 21/02/12 #

    The commercial court? There’s a lot more to this than meets the eye.

    Reply
    • as far as I know a repo order has to be obtained from the high court. the commercial court is a division of the high court. I wonder will the bank now go back and get contempt orders?

      Reply
  • yaaaay im delighted this has finally happened, anyone remember the land wars? whatever about ulster bank, there is absolutely no logic in evicting people from from houses where the occupants owe mortgages to state owned banks, they throw the people out of a house that they cant sell on, then the state has to rehouse them, crazy

    Reply
    • The similarities with the post famine situation are striking. Then they had the Encumbered Estates Act to sell off indebted properties now we have NAMA. The Poor house was the equivalent of the Dept if Social Protection and it basically ensured that you had to have no arse in your trousers before you got help. We need the equivalent of a Land League now to. Bring an element of common sense and fair play to bear on the banks etc. once again people are abandoning their homesteads for emigration. Looks like we breed people here to populate other countries.

      Reply
    • Great comment Strongbow

      Land League II is a great idea.

      Reply
    • Just saw the video on a fb page. To say my heart was thumping is an understatement.
      Missed this on journal. Great comment strongbow. Its time we took our country back. Éireann go brach!

      Reply
  • How unjust that this man is set to lose his house when developers who’ve racked up hundreds of times the debt are still living lives if luxury in mansions. The system is disgustingly corrupt.

    Reply
  • Well done to all who stopped this eviction. Keep up the good work. Banks really are heartless bastards. Proper and realistic negotiations are needed between involved parties.

    Reply
  • Why did he take out another 30k? I think that might be important. Repayments on 80k are not much. €80/wk. Odd case.

    Reply
    • @ William Grogan

      Maybe that’s a question you should ask Ulster Bank?

      Like all other banks in the boom, they aggressively pushed their staff to dish out these loans with little to no due diligence and unfortunately it has ended up with suicides in many cases.

      These so called ”Banks”
      Gave out mortgages on 100%+ loan to value…on 5 times+ multiples of salary…on interest only….with discounted 1st year ”teaser rates” (as they say in the banking industry)….

      Then they doled out out 0% (timebomb) credit cards,with huge limits to the same overstretched customers.

      Then these banks scammed their loyal customers including many pensioners out of their scarce last bit of cash to gamble on Ponzi Stock Market Schemes, omitting to explain to these unfortunate souls that their capital was not protected.

      Then these banks gave many so called ”property developers” gambling money and lifestyle loans to buy Bentleys and Jets.

      These Pig Bankers put Madoff to shame!!

      They should be Jailed for life!!

      Reply
  • About time, well done!

    Reply
  • I wonder how much of the original €110k this man owed the banks, my guess is 70k. Our TD’s pay themselves more than 70k expenses per year. It always seems to be the little people that get picked on by the courts/government – Shame on them.

    Reply
  • So under the constitution, no one has to pay their mortgage?

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  • Does anybody know why this man could not pay the mortgage, did he lose his job or what?

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    • I was wondering that myself. I don’t want to see anyone kicked out on the street but there are a small minority of people who ‘won’t pay’. The mortgage interest supplement provided by social welfare usually covers the interest repayments on family home borrowing, I am not saying that is the case here, a little more info might clear this up ……

      Reply
  • “stopped by constitutional rights”- Hmm, what is it with politicians and not being able to comprehend the Irish constitution?

    Reply
  • I have to say, Im in full agreement with this campaign. I do however, feel its about time the government legislated to ensure families are not evicted and another solution found.

    Reply
  • maybe if the gov bailed out the families first and then in turn they could pay their debts first,, 2 groups win,, and the bank still get their money,,,,,,, easy if you ask me

    Reply
  • brilliant job there lads…now..can you make it stick every time

    Reply
  • Excellent, fair dues to these people.

    Reply
  • A very fair debate. The deput sheriff made the points that any of us would make if we were in his position, providing for our family but the other man was well educated and stuck to his guns in a good way. Hopefully we will see more like this!

    Reply
  • This is great, where do I sign up for my free house?

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  • If I decide not to pay my rent will these people come around and stop me from being evicted? What’s so special about mortgage non-payers over those who can’t afford rent? This guy has been supported in not paying for shelter. Am I to pay taxes and rent like a mug while the privileged home-owning class live in houses for nothing?

    Before anyone gets upset, this is a bit tongue-in-cheek, but we can’t ignore unpaid mortgages forever. This economy is resetting, like it or not, and repossessions are coming for those who can’t make payments.

    The sooner we start addressing our problems, the sooner we can begin to rebuild. Standing on soap boxes giving out about bankers builders etc doesn’t change the facts on the ground. Arrears are rising, no net new jobs are being created, and the government have only been able to postpone repossessions in the vain hope that somehow people will get back on their feet. Some will, some won’t. I can see write downs for those who can manage a reduced payment, but for those who can afford no repayment, there aren’t enough of these groups to stop what’s coming.

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    • privilaged home owning class. What a stupid remark.

      Reply
    • More like.
      Privileged, debt, laden, victims of a Government run property Ponzi Scheme.

      How much of this unfortunate guy’s loan check went towards corrupt politicians and senior civil servants pay rises and general government squandering?

      When are they going to pay for their thieving?

      They are the ones that should be jailed immediately until they repay every penny plus interest.

      Reply
  • Well done to Mr. Gilroy and everyone involved. This is such an injust act considering what those banker bastards and developers did and got away with.

    Reply
  • Daniel O’Connell must be turning in his grave. He led the people of this country down a long hard road to gain the 3 Fs – fixity of tenure, fair rent, and freedom of sale. It would appear that the 4 Fs our most recent governments have fought hard for is

    Fiddle them
    Flog them (financially)
    Fail them
    Fuck them

    Reply
  • Again, can anyone shed any light on why this man couldn’t pay his mortgage? Did he loose his job or just take out a mortgage he couldn’t repay, they are two completely different scenarios. The banks behaved in a disgraceful manner and were obviously not regulated (why are these people not brought to task), but on the other hand some people took on more than they knew in their heart and soul they couldn’t afford but nobody held a gun to their heads as far as I know. My sympathies are totally with people who genuinely cannot make ends meet. My husband lost his job three years ago and went to the middle east, alone, for a year in order to pay our mortgage, so I have first hand experience of this situation.

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    • none of your business id say!

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    • Well apart from who’s business it is it is incumbent on all sides to uphold the law. That was the issue at hand in this confrontation. The issue was argued on the principals of security of tenure and the protection of title.
      The occupant may have over extended himself in his borrowings from the bank, he may have been reckless in his attitude to repayments; I’m sure, if that is the case, it was well presented to the Judge in the application for the repossession order by the bank.
      What often comes to light in disputes like this is the matter of attitude. Those that are seen to act in a manner that appears to be outside the ‘accepted norms’ of how the law is applied are regarded as an ‘unruly rabble’ while those that sit in authority are seen as the gatekeepers – the protectors of the common good. That is not how the law should work. Under the rule of common law (law of precedent) there are many aspects that are not argued or put forward in the defence of such cases when in court and the actions of court officials may subsequently be challenged when orders are presented for execution. Possession is nine tenths of the law.

      Reply
  • That man doesn’t own his home, ulster bank do. It’s an unfortunate situation but its not right to drag up the constitution when the rudiments of contract law would suffice.

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  • http://www.bloomberg.com/news/2012-02-20/icelandic-anger-brings-record-debt-relief-in-best-crisis-recovery-story.html. Icelandic government working for the people not against them, i am ashamed to call myself Irish. Have a read of this if we had a government with the balls of the Icelandic people we wouldn’t be in this mess anymore, i remember when they had a referendum wither to pay back the banks they rightly told the banks to get the boat we should have never being put on the hook to pay back the whole banking system

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    • I wonder though what was Iceland’s budget deficit? Did they have any? If not, then they had a lot more power to default.
      We couldn’t default in Ireland as if we did we would have to balance the budget overnight…that would be some €20 billion. It would have been impossible. Nobody would have lent us money if had defaulted.
      As we see this week with the China visit, being part of the Eurozone is seen as important.

      Anyway getting back to the main story, the United Left Alliance will be licking their lips at these kind of evictions. They know they will hoover up a lot of votes by defending householders to the hilt.

      Reply
    • their not defending anything! shower of hippies and do gooders, more importantly they should be working at getting the man a job not encouraging him to go to jail.

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    • Deficit was huge, i remeber the brits and the dutch were threating them with all sorts anti-terror laws to freeze there accounts but they held on they put there people before the banks the bloomberg report if you bother to read it says it all. THE REASON WE ENDED UP NEEDING A BAIL OUT WAS BECAUSE NOBODY WILL LEND TO US IN THE FIRST PLACE, THE REASON THE MARKETS STOPPED LENDING TO US WAS BECAUSE OUR SHAM OF A GOVERMENT GUARANTEED OUR WHOLE BANKING SYSTEM OVER THE PHONE IN 1 NIGHT AND ANOUNCED IT TO THE WORLD THE NEXT DAY AFTER THIS GUARANTEE WE WERE ON THE HOOK TO BAIL OUT THE BANKS BECAUSE IF THE GOVERMENT WENT BACK ON THERE GUARANTEE THEN THIS WOULD BE SEEN AS A DEFAULT, THIS HAS NOTHING TO DO WITH OUR SOVIREGN DEPT .THE TAXPAYER SHOULD NEVER BE MADE PAY BACK THE RECKLESS BONUS DRIVEN LENDING OF ANGLO AND THE LIKES WHICH HAVE BROUGHT THIS GREAT COUNTRY TO ITS KNEES,

      Reply
    • Deficit was huge, i remeber the brits and the dutch were threating them with all sorts anti-terror laws to freeze there accounts but they held on they put there people before the banks the bloomberg report if you bother to read it says it all. THE REASON WE ENDED UP NEEDING A BAIL OUT WAS BECAUSE NOBODY WILL LEND TO US IN THE FIRST PLACE, THE REASON THE MARKETS STOPPED LENDING TO US WAS BECAUSE OUR SHAM OF A GOVERMENT GUARANTEED OUR WHOLE BANKING SYSTEM OVER THE PHONE IN 1 NIGHT AND ANOUNCED IT TO THE WORLD THE NEXT DAY AFTER THIS GUARANTEE WE WERE ON THE HOOK TO BAIL OUT THE BANKS BECAUSE IF THE GOVERMENT WENT BACK ON THERE GUARANTEE THEN THIS WOULD BE SEEN AS A DEFAULT, THIS HAS NOTHING TO DO WITH OUR SOVIREGN DEPT .THE TAXPAYER SHOULD NEVER BE MADE PAY BACK THE RECKLESS BONUS DRIVEN LENDING OF ANGLO AND THE LIKES WHICH HAVE BROUGHT THIS GREAT COUNTRY TO ITS KNEES,

      Reply
  • There seem to be a lot of people on here commenting and finger pointing from a narrow perspective. ‘I don’t have a mortgage – I pay rent’, ‘why should I bail these people out’, ‘why doesn’t he get a job’, ‘he shouldn’t have got in over his head’.

    Honestly people, change the record! Look past the narrow focus and ask one very simple question. Do you agree that people should be fucked out of their homes because a bank says so? Yes or no?

    If yes then don’t go complaining if YOU find yourselves in the same situation through no fault of of your own and with no hope of getting any kind of support. You might not find yourself in that scenario right now and fair play to you if that’s the case. But unless you’re sitting on a huge pile of cash we’ll see how you’re fixed in 1, 2 or 5 years with the continued austerity, more taxes, less wages etc etc. How secure do you feel? Don’t go looking for sympathy if it happens to you because you’ll discover that there are probably still plenty of ‘I’m alright Jack’ types out there who can’t see past their own noses. Sound familiar?

    When you cut out all the arguments and statistics it boils down to human beings being removed from their homes, regardless of what legal bolloxology is shoved in their faces. Anyone who doesn’t have a problem with that really should hope they don’t find themselves facing the same thing. Just because some paid civil servant shows you some legal document with a signature which may make it legal, doesn’t make it right.

    Reply
    • Craig
      That is not the point.
      The very purpose of the law, or ‘legal bollixology’ if you like, is to defend everyone’s rights – that’s what it’s put there for. The problem is when the law is perceived to support the cause of the establishment or to impose the status quo, which in most instances is what it does as it is most available to those with influence and resources. That’s where resentment with the law sets in.
      You must remember that the law is your only defence, your only entitlement to justice and your only defence of your position. Break the law and your case is over. The basic principals of the law are sound they have been honed and polished over hundreds of years through the struggles and efforts of many good people. It is the bedrock of nation and constitution. The provisions of many good laws lie dormant, ignored and unused just because they don’t fit the parameters of present day commercialism and state administration.
      Don’t be so quick to dismiss it.

      Reply
    • “if YOU find yourselves in the same situation through no fault of of your own” – lets just have a look at that for a second.

      When house prices were rising and rising, and everyone was saying “buy now! Prices are just gonna keep rising forever, buy now!”, there were quite a few people with no grasp of economics, who decided buying would be a great idea, and are now in negative equity. SOME people even bought a lot more than they needed, out of greed – i’ve heard stories of people buying 4 acres of land, when all they needed was a house.

      These people were so excited about the prospect of selling it on and getting rich, becoming a ‘property developer’, and having a ‘portfolio’, that they didnt worry too much about whether or not they could actually afford to pay the mortgagaes they were taking out.

      I’m not saying that this man falls into these categories – but there are plenty of people out there who do, that groups like these are happy to defend. These are NOT people who got into trouble through no fault of their own. These are people who got into trouble because they were greedy grasping cunts, who see money as the only important thing in the world, and made some bad choices. It’s gambling. And when people gamble, most of them lose.

      People like this got this country into the state it’s in. Yes, the banks probably shouldnt have loaned so much money. But the smarter ones amongst us DIDNT take the loans we couldnt afford. No-one put a gun to the head of these people and said “take a second mortgage or else!” Greed did that. If people hadnt borrowed money they couldnt afford to pay back, we would not be in this situation. simple as.

      Blame who you like, no-one forced him to borrow.

      Reply
  • is the tax payer expected to foot every unpaid bill in this country??

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  • Did this sort of stuff not happen to us in the 1840s?!

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  • Citizens of the world unite you have nothing to lose but your chains.
    Power to the people

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  • Arrested for what, exactly? Nobody tried to gain entry, so nobody was obstructed. I was there. None of the protesters broke any law. No threats were made. And not a single banker jailed to date in all of this mess. We want justice for all. We have ordinary people being turfed out of their homes, while property developers with loans taken over by NAMA get salaries of 200 grand. It’s a disgrace. The government and the courts no longer have any moral authority. The country is being gang raped by foreign banks. The fire sale of our national assets is underway. It’s time for the Irish people to stand up for one another and overthrow the rule of the banks. The entire system is corrupt. It is only through actions such as this that the government might be forced to abandon the path they’re taking us down, which can only lead us to ruin, and come up with more just, pragmatic and workable solutions for the country.

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  • Mass civil disobediance is what Ben Gilroy is driving at and if he can get that going on a big enough scale, he will have put himself in a position to get real change. No doubt he feels that he was driven in desperation to this type of action because of the hopeless situation he found himself in. I would probably have done something similar but I can not see that I have as much right on my side as he seems to suggest by laying into the Sheriff”s man.

    But isn’t it a bit like the guy who bets his house on a hand of cards and when he loses the sheer daftness of his actions confront him in a way that never dawned on him before. At that point he sees things in a different light……………… he wants to change what he did………he was misguided……….he should not have bet the house……..and hey the guy across the table must take some responsibility too…………”and nobody around here wants to see me lose my house (just listen to them yahooing behind me here)………that’s them supportin’ me…..y’see the people are on my side……….y’see I was badly advised…….and should not now be driven out because of my foolishness”. As with so much else in Irish life these days this is now about ‘whataboutery’….ie….point to something dubious that’s bigger than your dubious thing and scream discrimination.

    A further point that needs to be clarified is this. The Garda function there is to attend, observe and ensure that there is no breach of the peace when an order of the High Court is being carried out. Asking them to interpret the law differently (eg…giving opinions on High Court actions on the side of the road…how daft can you get ? ) and/or to engage in heated discussions about their powers is sheer nonsense and I’m quite sure that Ben knows that but point scoring can not be resisted by most as it demonstrates in that minute that the onlookers are on the side of the apparently oppressed. Those who engage in subjugation can always be relied upon to play to the gallery at opportune times such as this when there is tension in the air.

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  • The Doctrine of Seperation of Powers, the Oath of An Garda Siochana, the legal standing of the Commericial Court (which in fact is nothing more than the Commercial List of the High Court), the nature of Common Law, the powers conferred by statute on the County Registrar, the forfeiture covenants in a Mortgage Deed and the provisions of the Constitution have all been mis-interpreted in this video.

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  • PAW 21/02/12 #

    Well Done to all involved especially the Gardaí for keeping the peace, The Anti Eviction Task Force, Defend Our Homes League, ULA and Freedom from all Debt stood up for the ordinary joe soap when the government and their back benchers have turned a blind eye to the needs of the people.

    Reply
  • This is fantastic, so good to see citizens of Ireland standing up for their rights. The Sheriff system dates back to medieval Ireland, when English laws were used to persecute the Irish…

    As a post-colonial Republic, with a history riddled with centuries of dispossession, nobody in Ireland should ever be made to fear that their home is under threat from anyone….

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  • Im sorry to go against the grain here but its simple. If you dont pay your bills tough. I hate what the banks, politicians builders solicitors etc have done to the country as much as anyone but you cant just expect to keep your home when you dont pay. Two wrongs dont make a right. For that matter why should i keep struggling with my mortgage on a shoebox in negative equity, maybe i should just not bother paying if the likes of this bloke are getting away with it.

    Reply
    • maybe you should Randy; maybe every mortgage holder should!!!

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    • I hope the day doesn’t come when you can’t afford the mortgage Randy
      Until then you’re alright Jack

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    • Randy. I don’t think this bloke got away with anything, can you imagine the stress he has been under & the sleepless nights. Who knows what’s around the corner for any of us ? & as Donal said the bankers are still living in luxury, when you think how much money the tax payer has put into the banks to keep them afloat & to keep all these guys in jobs it is sickening.

      Reply
    • Randy is part of the “I’m alright Jack, fuck you” brigade. Hope your luck holds up. Clown.

      Reply
    • Hi Randy I understand your feeling but its not just a simple case of two wrongs making a right. There is a two tier system in this country and those on the top tier have not been held accountable for anything. No attempt has been made to make them accountable. NAMA pays top developers who owe unplayable millions a minimum of €300,000 a year as a wage to manage their bankrupt portfolio. This is simply inequitable. Top bankers and civil servants who dictate policy earn up to €500,000 a year and the policy they are dictating is that me and you and this man must not only keep paying our bills but the bills of the elite. Our taxes are spent on private institutions who created this false housing boom in the first place rather then on the people of the State who own and are the State. The banks belong to us now and rather then going to the expense and trouble of making someone homeless they should be trying to find a solution. However that will never happen, those whose interests are vested in the banks see the people as nothing more then a resource to profit from and in hard times such as this to force to bail them out so they can start again. If this man loses his home, if you do, will you be able to start again. I know its hard to keep up with the bills but don’t be fooled by the rubbish being promoted by those with interests, now is a time for social justice. Whatever about the house, don’t let them fool you out of that.

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    • Not allowing the bank to repossess the property would result in them not offering mortgages, leading to a situation where the rich can afford property and the poor can only afford to rent (just like it was back in the 1700s).

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    • I’m with you Randy.

      Reply
    • I’d like to make it clear here that I do not a mortgage – for which i thank my lucky stars on a regular basis ;-)

      Even with that, I’d prefer to see my fellow country people helped rather than the banks – the population of Ireland are now stakeholders – financially and otherwise, if not actual shareholders, in the “pillar” banks – you’d never think it, the way they behave towards us.

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    • @Randy…. you have not really gotten the gist of this, in my opinion, it is the exposure of those in power, they are running rough shod over the Public, the main thing here is that those in power have, for a very long time, believed the working class to be ignorant and uneducated… this is no longer the case.. the population are savvy, intelligent, literate and no longer accepting of those believing that legal jargon will baffle them, the tide has finally turned on these bastards. This has not been covered in any detail by the Media and it behoves places like Youtube and Facebook etc to get the truth out there.

      The Government consistantly try to erode the freedoms of the Irish People, the resurection of the Lisbon treaty was a jab at the People, indicating we are unable to make decisions by ourselves, we need to be led in the right direction in case we get a feel for independence.

      Many of the common laws in Ireland hark back hundreds of years and we still find it necessary to operate within British Law.

      It is vital that people keep abreast of the judiciary and how they try to obscure the truth by legal Jargon, most people end up in trouble because this is made so difficult to understand and they accept what they are told.

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    • randy,you should be called im alright jack,your an absolute tosser,i hope you or yours never go hungry or cold

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    • Fair play Shiela. Me too. I want my taxes to go to bail people like this family out. They’re not heavy. They’re our brothers. Not our debt. Debt forgiveness now. Tear up the page and start again.

      Reply
  • Ronan B 23/02/12 #

    Man takes out modest mortgage (€80,000), before peak of bubble. Purchases not just a house, or a roof over his head, but 4 acres of land. Man decides to top up mortgage by €30,000, for reasons unknown or unpublicised. Man stops paying modest repayments on mortgage (in 2006, was it?), again for reasons unknown. Man pays nothing for several years and keeps house and land and lives there.

    Man loses all legal efforts to retain land, as defence of “I want to keep the land but not pay for it” is not viewed sympathetically by Courts. Man relies on emotive rent-a-mob to come and stand in his front garden to frustrate lawful effort to reclaim security against which mortgage was granted.

    Rent-a-mob seem untroubled by the fact they are defending a bona-fide landowner, as presumably landowners now rate higher on the scale of sympathy than a bank (even a bank that did not avail of a government bail-out).

    Bank, not receiving any payment and not able to recoup property, suffer a loss.
    Bank raises variable mortgage rates of mortgage holders who do pay. Mortgage repayments increase. Mortgage holders not happy.

    Bank decides mortgage lending very risky, as no ability to reclaim property when/if mortgage applicant cannot or will not pay, so therefore no incentive to lend. Bank stops mortgage lending. People cannot obtain finance for houses. People must rent from landlords. Rents increase. People not happy.

    Think. About. What. You. Are. Doing.

    Do not be deluded enough to think that these type of actions hurt anyone except the mortgage holder who pays, or the person who may want a mortgage one day, or the renter. The bank will recoup its losses from any perceived anti-eviction “victory” from your neighbours. You are tightening a noose around the neck of the working (and I mean WORKING) class of this country.

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  • As soon as the. Garda was asked about his oath he stepped back…..he was obviously way out of his depth….the sheriff was probably horrified at being questioned about his authority…..the result……..RUN……pass the book to someone else…..

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  • In the past our bought out government(s) stood by while their people were sodomized and abused physically.

    Now they are stand by as their people get sodomized and abused financially.

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  • Great job. Fair play to Ben Gilroy. Smart man. We need more people like him to stand up and speak out.

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  • Brilliant Job – Ben is a fantastic ambassador for the ordinary man and woman who don’t fully understand their actual full legal rights. Keep it up folks. There is a tsunami of support coming.

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  • The banks fired out the money the government fueled the bubble to swell their coffers and auctioneers solicitors went along for the ride I see very little compassion here for this man this new tenant of the new landlord class

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  • Can I make the blatantly obvious point that he would not own the property were it not for Ulster Bank. It was not the constitution that stopped this repossession but merely a lack of will on the part of the Gardai and county Sheriff. There will be some more dialogue a rescheduling with the Sheriff and if this scenario repeatedly happens, Ulster bank will seek a committal order that could see this man in jail. They have merely postponed the inevitable. He is better off seeking full and final settlement in consideration for his co operation…

    Reply
  • He will be arrested for frustrating a Court Order!
    Maybe he’s campaigning to win a seat in the next General Election by going to jail for contempt of Court. Clare Daly and Joe Higgins did it over bin charges!

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  • this was truely inspiring & while there are a lot of people commenting thats its underhanded & may cause more problems I feel that the more this happens the more frustrated the courts will become. I also learned over the last no of days that speed vans & likes of these stealth laws are easily challenged & defeated & as citizens with a very powerful constitution on our side we are not pushing the right buttons when it comes to defending ourselves legally. And there are questions about the credability of this home owner & they may be valid the credability of the banks & authorities has been shown to be scandelous in what has happened to this country. So how dare anyone comment here about the homeowner when banks have been shown to be totally wreckless.

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  • Join my campaign, “I haven’t paid my rent, please stop my eviction”.

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  • Join the Anti-Eviction Taskforce,Defend Our Homes League and others,Links on this page.http://namawinelake.wordpress.com/2012/02/21/eviction-in-ireland-in-2012/

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  • While I have immense sympathy for anyone being evicted from their home, the arguments used by the protestors strike me as made-up law and freeman woo.

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  • Although I agree with the idea of telling the banks to go and shite, the mouthpiece should brush up of his use of legal jargon. A little knowledge can be a dangerous thing and he could land some poor git in a crock of shit.

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    • The Sheriff and gardai are already on his doorstep with the intention of chucking him out of his home without any regard for what happens to him after that. What crock of shit do you think he’s worried about?

      The ‘mouthpiece’ was not spouting legal jargon. And even if he was, what was the Sheriff doing? Reciting prose?

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    • @ Tiny

      This brave man done very well against a person who was supposed to be doing this job for 30 years+.

      How many families has this Sheriff thrown out of their homes in the wrong over those 30 years+?

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  • Its time to have a Mortgage Strike to sort this problem out.

    It’s disgusting how these corrupt banks and their puppets, illegally throw innocent people out of their homes each week to support this theft.

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  • Fantastic!

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  • Congratulations to Ben Gilroy and co for defending that man from being evicted from his home. Gilroy was very calm and logical with the sherrif in Co. Laois and seemed to know alot about the constitution. He should consider a career in politics and we could get rid of the useless shower that are there.

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  • If he manages to keep talking this shit long enough, each and every visit of the sheriff, then he could be in line to be the first guy ever to win a free gaff through talking shit, and kudos to him if he wins- alternatively he will just look even more like the muppet that he is! Seriously, I’ve never heard anyone so full of it… And fair play to the sheriff for being so decent as to try talk sensefully to the man! 31yrs service and still patient enough is not bad in my books….

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  • Greetings everyone … I have read this entire comment section and I would like to offer TNSRADIO as a platform to any that wish to air their views out in the open, I offer this as I doubt there will be a similar offer on RTE or any other Main stream media outlet. This Sunday from 9pm – midnight and beyond if needed. no need to sign up to TNS if you don’t want to you can listen live at http://www.tnsradio.com or if you want to sign in and join in the text chat box where questions can be posed to http://www.tnsradio.ning.com to contact by skype vincenttemp1 or by phone 01 44 333 09. I encourage as many as possible to take part as this issue is not going away… We have to deal with it one way or the other.

    Kind Regards Vin

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  • Thumbs up for all populace pleasing comments.

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  • List of people getting dragged into this one is quite extensive: the banks, the sheriff, the assistant sheriff, the registrar, the courts, the government, the constitution, the man with no-id, the guard who lost his voice, the ‘nice’ man, the man with the pitch fork, the edumacated proliterate, the Ulster Bank and even the Queen, God Save her……

    Everyone except guess who…..

    Hmmm….

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  • Unfortunately the YouTube clip provides sufficient evidence to prove that an officer of the Court was obstructed from effecting to Courts instructions. Oh dear oh dear oh dear. The pseudo legal garbage expounded by an individual who didn’t have a basic knowledge of English never mind the law made the entire episode easy for a judges gavel to come crashing down on their heads!
    Oops not the brightest caped superhero!

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  • I think the High Court is going to be upset with a few named individuals who could easily find themselves in contempt for their actions.
    This doesn’t appear to be a good reference case for this type of Superman type intervention.
    The original loan was taken out in 2003 and appears modest by comparison with cases coming before the Commercial Court from later years for property closer to large urban centres.
    However sad the case the lender is entitled to their money.
    I also find it disturbing that the Corporate entity which advanced monies to allow this individual purchase a home should be vilified for doing so.
    The logic of this behaviour defeats me as it implies the complete incorrectness of anyone being granted a mortgage into the future. The contributors must be residents in rented or Local Authority housing.

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    • Vilify a Bank Mark Rogers?
      Heavens No.

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    • What actions Mark?
      The supporters of the debtor asked the deputy sheriff/court registrar to produce his credentials, confirm his authorization and questioned his standing under the provisions of constitutional and common law. From my viewing of the video recording the official was unsure of his standing in this regard and withdrew. Now what part of this would constitute contempt of court? The supporter of the debtor indicated that there was no problem with the properly appointed sheriff carrying out his functions when the full details of his authorization under the law were produced. It is likely that the order for repossession was granted on an ex-parte basis and the details of the proper authorizations were being here presented for the first time.
      Of course it is within the powers of those properly appointed under law to seize the property and that may still be possible when the provisions of constitutional and common law have been proven.

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  • Join the Anti-Eviction Taskforce http://www.facebook.com/#!/AntiEvictionTaskforce

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  • at last, a good news story re: property in ireland!!
    i’d gladly see the extra taxes i’ve been paying over the last few years to guys like this, but they’re not!
    we know where they’re going!!

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  • Sorry

    I meant to say.

    Now they are standing by as their people get sodomized and abused financially.

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  • You mustn’t have one ……..!

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  • I understand what they’re trying to do, but their arguments are laughable. They should really be educated before they start trying to argue. Thats not to say their aims aren’t moral, but seriously, they dont have a clue what they’re talking about.

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  • What makes you think that Mark?

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  • Hello Spruiker
    Thank you for your intellectual wisdom ….I feel so humbled in your shadow.

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  • dont own the land my house is built on where do i stand

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  • Im delighted ..well done Ben and team for all your hard work and genuine knowledge of legislation…put the sheriff to shame!

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  • I stopped the sheriff is the title of the YouTube clip published by iwantowalkawayfrommydebtsandallliabilities.co
    That’s the gotcha in legal terms.
    Clever guys.

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  • Ben Gilroy . . . A True patriot and defender of our constitution.

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  • http://namawinelake.wordpress.com/2012/02/21/eviction-in-ireland-in-2012/

    UPDATE: 15th March, 2012. It is reported by Deputy Clare Daly – whose colleague in the United Left Alliance Deputy Joan Collins was part of the protest group last month – that the eviction at the above property was effected yesterday. According to Deputy Daly ”a large force of Gardai sealed off a country lane leading to the home of Mr Lee Wellstead and then, according to neighbours, forced entry by kicking down the front door. The repossession of the property and the eviction of Mr Wellstead and his young daughter were carried out on behalf of Ulster Bank”

    So Mr Gilroy halted nothing , but he promoted himself very nicely on the head of this !

    Reply

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