Many of us can relate to this story written years ago as O’Malley Cunneen & McCarthy came off the record as the solicitors of Elstree Mortgages Limited (EML) in September 2022 & re-joined again a couple of months later. Switching solicitors and delaying tactics are EML’s old tricks.
This truly is a David and Goliath story, a victory for one of the ordinary folk – and an example to all who find themselves in similar circumstances. Well done David!
Independently written by: Richard Cahill
A local Shannon man – lets call him ‘David’- has for a number of years been standing up to a Goliath right here in Co. Clare. Yesterday the Judicial system, in the persona of County Registrar Patrick Wallace, effectively ruled that Goliath (the Home Finance Corporation (HFC) aka Vivier Mortgages) stop their pursuit of David. David was being pursued through the courts by HFC who were seeking a Judgement for the Loan, secured by his home – an all too familiar scenario.
HFC are sub-prime mortgage lenders who justified the description of ‘infamous’ after an RTE Prime Time expose of their history and conduct entitled ‘The Loot and the Loans’.
Even before this program, David had a defence lodged with the courts stipulating that: On foot of a summary judgement in Britain, resulting in a prison sentence for tax fraud by HFC owner Ian Andrew Leaf, which ruled that HFC was in fact a Money Laundering Operation, David contended that HFC should not be allowed to profit from the proceeds of that crime, as legislated for under the Proceeds of Crime Act, 2005, especially from the standpoint of the exorbitant Interest they imposed.
David had formulated this strategy having followed up on several articles by Conor Ryan in the Irish Examiner on Leaf – calling him the “Playboy Fraudster”.
Having been at David’s side through this emotional roller coaster witnessing what to me could only be described as deliberate bullying, procrastination and delaying tactics by HFC, attempting to use the legal system to cause stress for David and his family – along with many other Irish families.
David had to deal with 4 different firms of solicitors over the four year period, all the time seeking discovery of documentation of the Case being put forward by HFC.
The three firms involved in the litigation process are:
1. Crowley Millar & Company
2. Hanlon & Company
3. Louis Dockery & Company
Most recently: On July 21st Circuit Court Judge Keys ordered Hanlon and Co. – who had replaced Crowley Millar a mere 6 weeks previously – and HFC to provide the necessary documentation to David and to the court within two weeks for “Case Management”.
On September 14th this matter went before the County Registrar Patrick Wallace, but no documentation had been provided by Hanlon and Co or HFC to David or to the Court. The Registrar adjourned the matter until 12th. October, allowing a further 2 weeks for the provision of the documents. Neither HFC nor Hanlon and co were present or represented.
On October 12th, with exactly the same, non-existant results from HFC or their representatives, the County Registrar returned the case to the Judges List for hearing on 27th October.
On October 27th, Judge Keys heard from David in the Circuit court and on foot of no documentation having been provided to David or the Court, he instructed David to lodge a Motion to Dismiss, to be heard at the next sitting of the County Registrar. David agreed to lodge the motion. Once again, neither HFC nor Hanlon and co were present or represented.
By December 14th when the County Registrar heard the matter, HFC had appointed their fourth firm of solicitors (Louis Dockery), and they had appointed a local solicitor to act as their agent. Louis Dockery were requesting the matter be deferred as they had only received the file on Thursday December 10th, and falsely declaring it was incomplete.
David argued that this was an on-going tactic or ploy of HFC to visit stress on their victims while continuing to collect monies, and requested a ruling. After some exchanges County Registrar Patrick Wallace ruled in favour of David awarding costs in his favour and advising him he would need to have his costs taxed.
On the matter of “Good Faith” payments which had been agreed between David and Judge Keyes and were lodged with the Courts Service until the conclusion of the process, Mr. Wallace told David he had to bring that matter up with Judge Keys.
I have been at David’s side through this process for more than a year and a half and must absolutely compliment the courts services, County Registrar Patrick Wallace and Circuit Court Judge Keys for the dignified way in which they accommodated David, who represented himself throughout this process. Great understanding, patience and tolerance were afforded to David who was very much a small fish in a large ocean.
This truly is a David and Goliath story, a victory for one of the ordinary folk – and an example to all who find themselves in similar circumstances.
Well Done David, a really courageous, forthright and stand-up person.
url: richardcahill.ie/posts/david-and-goliath/