Sunday 11 December 2016

Couple haven't paid a penny of €1.2million debt on south Dublin home for two years

Published 06/10/2016 | 15:41

The High Court, Dublin
The High Court, Dublin

A Dublin couple have not paid a penny off the €1.2million debt on their Mount Merrion home for the past two years, the Circuit Civil Court has heard.

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Barrister John Donnelly, counsel for Ulster Bank Ireland Limited, told Judge Jacqueline Linnane that Niall And Evelyn Shanahan had shown no interest in engaging with the bank or the court in proceedings to re-possess their home.

Mr Donnelly, who appeared with Hugh J. Ward and Company Solicitors for the bank, told the court that the balance due on the couple’s mortgage on Woodley, 52 Fosters Avenue, Mount Merrion, Co Dublin, was now just under €1.2 million.

He said arrears on repayments alone totalled €357,000 and the last payment made on the property was on October 20, 2014.

Dara O’Loghlin, a solicitor with Hugh J. Ward, told the court that the property was the principal private residence of the defendants and as such came within the jurisdiction of the court.

Mr Donnelly told the court that the bank had managed to serve Mrs Shanahan with the proceedings but it appeared Mr Shanahan was currently residing in the UK.

He said Mr Shanahan was aware of the proceedings before the court but had not been taking any active part in the matter. It appeared there was an estrangement between the two defendants.

Judge Linnane said there was a total disinterest by both parties in the proceedings and neither had appeared in court nor had any representation been made on their behalf.

“Obviously they have absolutely no interest in this debt,” Judge Linnane said.

The judge adjourned the proceedings against both defendants until November 24 and told the bank it could bring a motion on November 1 to seek an order for substituted service against Mr Shanahan.

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