Mortgage nullification process, solicitors ignoring estoppel, use of sheriff ?

[Door32]

Your thoughts on this please members....

4 letters I written to the bank asking for proof of claim, the last letter putting them in estppel if hey cannot avail of a final opportunity to produce the documents required

The Bank's solicitor was ,also sent 3 letters and estopped for lack of standing or contract with me. However bank's solicitor is ignoring these notices and turned up at house to serve High Court summons anyway. He did not get to hand it over but was told he was not recognised and sent away. He did not establish who I was either.

However he pushed it through the letter box 5 minutes later with "By Hand" written in the window of the letter.

NOW

I was going to NCRTS but as it wasn't posted I technically would have to open the letter to get the address (even though I know it) to find out who it would be from in normal circumstances in order to do so. I do not want to open this as it must contain a summons.

What is the procedure? And has he already applied to the court at this point?

I was thinking I ought to write back with the envelope enclosed in my letter to make sure it is on record he did not serve this summons and that he has no standing and to cease and desist.

Note that this procedure has held the bank and solicitors at bay for a year so it must be working at one level, but this seems to be an attempt only to scare me if that is the case.

Your thoughts please? Should I open it up and see what he has been up to or just send it back NCRTS without dishonour immediately and stick to my guns?


ALTERNATIVELY

I have the SHeriff on Notice already, so could I not send this to the Sheriff and order him to deal with it ?

Regards

[Diane, Denizen]

What ever you do stick to your guns! I had this nonsense from the TVLRO (TV license ) and what they do is wait to see who blinks first. I didn't blink and in the end they got it!

[Door32]

Well I sure as hell wont be giving in, as I have nothing left to lose. Just trying to get the fine details rights in the process. Don't want to be making any errors at this late stage.

Funny thing is in my last letters to solicitor and bank I sent a fee schedule with costs for receiving and replying to different kinds of letters (or calls or vosits) In that a summons was many hundreds of thousands of euros and the same again if I reply so perhaps I should and include my invoice?

[Pat Keogh]

not sure what you should do. from what I know, if the letter is a summons then it is considered served and they will proceed with their process whether you take part or not. if its for mortgage you have 8 days i think to reply.

[Finnegan]

Alright Door, fair play to you for not rolling over in fear of these vultures. I don't have any experience in this type of battle but at least if it goes to court you'll have copies of your letters etc. Your notices and requests have just as much validity as theirs. Avoid court for as long as possible, but if they do get you in there it's not the end of the world. Whisper it, but some judges will actually respect a layman for taking a stance against these scum. Best of luck, Peace and Freedom. p.s. The longer you can drag this out the more likely they are to feck up on some procedural aspect. Drag it out but don't let them drag you down (doesn't sound like you will). These boys are great at taking the commissions when people bend over for them, but when it comes to a battle you'd be surprised how inept some of them are .

[Levi Badstar]

Well done in your battle with the bank so far Door32.
i know you're on here asking for advice but you seem far enough down the road with your mortgage redemption to possibly explain something for me. i'm curious to know if you've a method for acquiring the deeds/title to the house from the banksters..? i can grasp how the Blank of Ireland technique works in relation to unsecured personal loans but am struggling to see how one can get the bank to sign over/relinquish their claim on the house in a mortgage redemption case. even if one gets the mortgage redeemed the bank will still have an interest in the property in question, there is no information which i consider satisfactory regarding this point in the blank of ireland document so i'm hoping you might know a solution..

[Mary Reynolds]

from what I know, if the letter was a summons and I suspect it was, it is now regarded as served and the process will continue. This will probably mean that a 'judgement' will be made in a circuit, district, or high court.

You could send the summons to the office of the sheriff.

I think the 'Official Offer' may still be an option if you act quickly...read about it at tnsradio.ning.com

The link below may be of interest to you - a solicitors article on debt recovery.

http://www.brianobrien.ie/docs/DEBT_RECOVERY_IRELAND.pdf

If it was me I'd pay NO attention to the information in the 'Blank of Ireland' and perhaps caution others.

[honesty]

I sent this to a sheriff who was trying to act on behalf of 3rd party interloper. He sent the file back to them & refused to touch it. They tried coming back at me directly with a couple of letters, I NCRTS it, & write 'Fraud is Morally wrong' on the envelope. I never heard off them again. Hope it helps...

Your record No:S +++/2011
Re T C
22 B+++++ Crescent
C o s co. L
Cc M K

Dear K D,
Thank you for your letter. I hereby give notice on behalf of T+++ C+++++ that any action taken against T+++ C++++ must be lawful, committed BY the accuser in accord with contract law (in their proper person) AS I UNDERSTAND IT,& ONLY once the requested (twice)! Validation has been submitted by the involved party. A copy of the true Bill of Sale must be provided. Please identify yourself in relation to the above person & matter, & if this is YOUR claim of debt, validation of same please. If it is not your debt, then I politely ask you to refrain from making my business YOUR business. Let it be known that any third party interloper in affairs that are NOT of personal concern shall be construed as an offer to contract. To make such an offer will be subject to an initial fee of Four Thousand six hundred & twenty four euros and seven cents. If you are instigating the debt, you must provide remedy.
Any person attempting to act as a third party agent will be subject to the same fee, so please inform such a person prior to engaging their service.
I have not requested the service of the court, & do not require it at this time.
The ‘Governor & Company of Bank of Ireland’ has acted dishonorably, & has not responded to requests made by T+++ C+++++ for true accounting & validation, nor a contract signed by both parties. There has been NO CHARGE made or Judgment given against T+++ C+++++, & there has been no dishonor on the part of T+++ C++++. It would be considered a fraudulent attempt to force a body to be subject to what is not, nor cannot be, lawfully proven to be owed. These are not the actions of a reputable establishment, so it must be construed that they are personal actions committed by you, & as such, you must be held to account. If you find any further correspondence necessary, please enclose cash in the required amount as above, & your full name & address, so the matter can be taken up with you personally. A solicitor (who is not party to this matter or person concerned) has received a copy of this letter to ensure that there is proper & true accounting of the situation.
Notice to one is notice to all.

4 days is not ‘adequate’ notice. 10 days is customary, I believe, & more in keeping with wanting a truthful & honest resolution to any matter.
Yours Sincerely
Without Malice or frivolity,
By TC
(Agent for T+++ C+++++).

[Mary Reynolds]

honesty, a couple of questions:

was the sheriff a county or revenue sheriff?
was the interloper a solicitor?
How do you know the sheriff sent it back to the interloper?
Was the issue a CC debt, a mortage or some other?
What time has passed since you heard from the interloper?

honesty said:

I sent this to a sheriff who was trying to act on behalf of 3rd party interloper. He sent the file back to them & refused to touch it. They tried coming back at me directly with a couple of letters, I NCRTS it, & write 'Fraud is Morally wrong' on the envelope. I never heard off them again. Hope it helps...

Your record No:S +++/2011
Re T C
22 B+++++ Crescent
C o s co. L
Cc M K

Dear K D,
Thank you for your letter. I hereby give notice on behalf of T+++ C+++++ that any action taken against T+++ C++++ must be lawful, committed BY the accuser in accord with contract law (in their proper person) AS I UNDERSTAND IT,& ONLY once the requested (twice)! Validation has been submitted by the involved party. A copy of the true Bill of Sale must be provided. Please identify yourself in relation to the above person & matter, & if this is YOUR claim of debt, validation of same please. If it is not your debt, then I politely ask you to refrain from making my business YOUR business. Let it be known that any third party interloper in affairs that are NOT of personal concern shall be construed as an offer to contract. To make such an offer will be subject to an initial fee of Four Thousand six hundred & twenty four euros and seven cents. If you are instigating the debt, you must provide remedy.
Any person attempting to act as a third party agent will be subject to the same fee, so please inform such a person prior to engaging their service.
I have not requested the service of the court, & do not require it at this time.
The ‘Governor & Company of Bank of Ireland’ has acted dishonorably, & has not responded to requests made by T+++ C+++++ for true accounting & validation, nor a contract signed by both parties. There has been NO CHARGE made or Judgment given against T+++ C+++++, & there has been no dishonor on the part of T+++ C++++. It would be considered a fraudulent attempt to force a body to be subject to what is not, nor cannot be, lawfully proven to be owed. These are not the actions of a reputable establishment, so it must be construed that they are personal actions committed by you, & as such, you must be held to account. If you find any further correspondence necessary, please enclose cash in the required amount as above, & your full name & address, so the matter can be taken up with you personally. A solicitor (who is not party to this matter or person concerned) has received a copy of this letter to ensure that there is proper & true accounting of the situation.
Notice to one is notice to all.

4 days is not ‘adequate’ notice. 10 days is customary, I believe, & more in keeping with wanting a truthful & honest resolution to any matter.
Yours Sincerely
Without Malice or frivolity,
By TC
(Agent for T+++ C+++++).

[honesty]

County sheriff at county court, It was a solicitor.. Quite well known on here I think too.. Fitz-something from Dublin.(?) I got a letter from the solicitor telling me they had withdrawn their request for the sheriff to deal with it. They were debts with the bank. I haven't heard from them since though about the other 15k I owe them either. The amount I requested from them to pursue it was the amount they wanted from me.. I has been several months since I sent them their letter back. Sheriff was very quick to respond. I shot another solicitor in the butt when he tried claiming money off me for work another solicitor had to finish... Via my solicitor, I offered him a job 'perfecting commercial liens', if he wanted to earn the 500 he was trying to claim..! I have stopped a few people trying to fraudulently take something that is not theirs to take. If you need to send a letter send it up the ladder to manager, & CEO of ANYBODY that SIGNED any claim against you. You can hold them all liable on the basis of the signature.. & threaten them if they threaten you..

[dont call me shurly]

well done

[Mary Reynolds]

honesty, am I right in saying you think the sheriff sent your letter (above) to the solicitor because the solicitor wrote to you to say they has withdrawn the request to the sheriff?

Would you upload that letter from the solicitor on the thread? I'd like to see that.

You say above... "They tried coming back at me directly with a couple of letters, I NCRTS it, & write 'Fraud is Morally wrong' on the envelope." Was that before or after they apparetnly wrote to you to say they had withdrawn the request to the sheriff?

[honesty]

After they sent the letter. I'll get that for you for sure... I have a few different letters that I have used with good results if you need any ideas.I only offer for confidences sake. It can be less scary with other input. gonna send friend request because I'm not on here much at the moment, but you can get my e-mail address off my page, & I can send them on.

Dear K D,
Thank you for your letter. I hereby give notice on behalf of T+++ C+++++ that any action taken against T+++ C++++ must be lawful, committed BY the accuser in accord with contract law (in their proper person) AS I UNDERSTAND IT,& ONLY once the requested (twice)! Validation has been submitted by the involved party. A copy of the true Bill of Sale must be provided. Please identify yourself in relation to the above person & matter, & if this is YOUR claim of debt, validation of same please. If it is not your debt, then I politely ask you to refrain from making my business YOUR business. Let it be known that any third party interloper in affairs that are NOT of personal concern shall be construed as an offer to contract. To make such an offer will be subject to an initial fee of Four Thousand six hundred & twenty four euros and seven cents. If you are instigating the debt, you must provide remedy.
Any person attempting to act as a third party agent will be subject to the same fee, so please inform such a person prior to engaging their service.
I have not requested the service of the court, & do not require it at this time.
The ‘Governor & Company of Bank of Ireland’ has acted dishonorably, & has not responded to requests made by T+++ C+++++ for true accounting & validation, nor a contract signed by both parties. There has been NO CHARGE made or Judgment given against T+++ C+++++, & there has been no dishonor on the part of T+++ C++++. It would be considered a fraudulent attempt to force a body to be subject to what is not, nor cannot be, lawfully proven to be owed. These are not the actions of a reputable establishment, so it must be construed that they are personal actions committed by you, & as such, you must be held to account. If you find any further correspondence necessary, please enclose cash in the required amount as above, & your full name & address, so the matter can be taken up with you personally. A solicitor (who is not party to this matter or person concerned) has received a copy of this letter to ensure that there is proper & true accounting of the situation.
Notice to one is notice to all.

4 days is not ‘adequate’ notice. 10 days is customary, I believe, & more in keeping with wanting a truthful & honest resolution to any matter.
Yours Sincerely
Without Malice or frivolity,
By Meg
(Agent for T+++ C+++++).