Courts / Cavan / Report
People in financial distress making "a bad situation worse" by consulting "hob lawyers": Judge
Summary
A High Court judge has dismissed an appeal by a Cavan couple against a bank repossession order, while strongly criticising unqualified advisers giving flawed legal guidance to homeowners in financial difficulty. Mr Justice Seamus Noonan rejected all grounds of the application by Mark Flynn and Mairead Flynn from Derry Shercock, who sought to set aside a Cavan Circuit Court order granting KBC Bank possession of their home. The judge expressed serious concern about "shadowy advisers" and "hob lawyers" who lack legal qualifications yet charge vulnerable people for defective counsel about their rights. He noted the applicants had claimed entitlement to transfer their mortgage to an entity called the People's Mortgage Protection Vehicle under legislation, which the judge described as "utterly misguided and spurious". The judge stated that people facing financial distress compound their problems by consulting unregulated advisers offering false hope, and recommended engagement with qualified representatives or organisations such as MABS and the Insolvency Service of Ireland instead.
Who, what, where, when and why
What: Report matter: People in financial distress making "a bad situation worse" by consulting "hob lawyers": Judge. Procedural stage: hearing_or_decision
When:
- November 2011 Incident
- 2017-02-13 Publication
Why: They wanted the repossession order set aside on grounds including that the Circuit Court lacked the jurisdiction to make the order because the property does not have a rateable valuation, and that evidence was withheld from the Circuit Court. CNI source report
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