Saturday 10 December 2016

Woman unaware of €1.2m debt case, judge told

Ray Managh

Published 02/11/2016 | 02:30

Judge Jacqueline Linnane Picture: Courtpix
Judge Jacqueline Linnane Picture: Courtpix

A Dublin woman was unaware she was being sued for a €1.2 million mortgage debt, including €357,000 repayment arrears, until the matter was reported in the newspapers, a judge heard yesterday.

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Evelyn Shanahan's barrister told Judge Jacqueline Linnane in the Circuit Civil Court that while possession proceedings had been served on her two years ago, she thought her husband, Niall Shanahan, had been dealing with the matter.

Judge Linnane said the court had been told it appeared there was an estrangement between the two defendants and that Mr Shanahan had gone off to somewhere in the UK.

She said the couple, both of whom were responsible for the debt, had been served with the civil bill seeking possession of Woodley, 52 Fosters Avenue, Mount Merrion, Dublin, the family home. Neither defendant had ever attended court.

Counsel for Ms Shanahan said she had not known that she faced a court judgment against her prior to having seen it in the newspapers. She had recently returned to the workforce and sought an adjournment until January to see if some sort of arrangement could be reached between herself and Mr Shanahan that might meet the situation.

Dylan West, counsel for Ulster Bank Ireland Limited, said the bank had entered a motion for November 24 when it would apply to amend its name, in accordance with the Companies Act, to Ulster Bank Ireland DAC (Designated Activities Company).

Judge Linnane said the €357,000 arrears was among the highest to come before the court, which had been told earlier the total debt stood at €1.2m without a penny having been paid off the mortgage for the past two years.

Having been told there was no question of the arrears being paid off before January, Judge Linnane said she would adjourn the proceedings until November 24.

The judge said that in the meantime, the two defendants could put their written proposals before the bank.

"We will see then what level of co-operation has been reached," Judge Linnane said.

Irish Independent

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