A TRAGEDY IN CORK: LET'S NOT IGNORE A CENTRAL CAUSE IN OUR SHOCK

(Independent.ie: photo of Garda outside Greaney family home)

The following article is about the very recent tragedy in Cobh, Co Cork, in which a husband killed his wife, himself, and attempted to murder his daughter, and the fact that this man was heavily indebted. We must from the outset address the possibility that some might perceive this article as in "bad taste, "too soon" or even "opportunistic". For those who consider us "sensationalistic" in publishing so soon after the tragedy, please consider the following.

There have been numerous tragedies over the last number of years in Ireland, tragedies in which an evidently loving parent commits the ultimate obomination by taking the life of one or more loved ones. Do we know their names now? Can we recall past the shock we felt to the causes of those tragedies? If we are honest with ourselves the answer to both questions is most likely "no". They have after months, weeks and even days faded from our common, popular memory, another causeless, senseless tragedy, but hey, nothing could have been done could it? Today's news, tomorrow's chip-wrappers.

We all know however that everything has a cause and when it comes to "senseless" acts of violence we habitually point to the fountain of mental ill-health as though such ill-health just appears and in itself has no cause. It is a well accepted fact that personal debt can not only exacerbate mental health problems, but can also trigger such conditions. Usually, when the subject of the impact of personal debt on mental health is raised, the conditions considered are what might be termed the "common garden variety" such as depression and anxiety. We as a society are, if not comfortable talking about those conditions, then we are at the least more aware of them and their propensity within our communities. Indeed, there is almost a societal expectation that we may suffer anxiety or depression at least once within our lifetime.

There are other mental health conditions that we are less comfortable in talking about publicly, such as "personality disorders"; "Schizophrenia" and the likes, particularly when those conditions may at times produce violent thoughts and behaviour. Of all the mental health conditions it is these we fear most, but they are also the conditions we deem most "senseless", "without cause", even "evil".

We don't know what drove Michael Greaney to kill his wife, himself and attempt to kill his daughter Michelle (23 years old) over the holidays. We do know that he had only recently received a summons from a bank seeking possession of the family home and that he was in litigation with two other banks over debt also. We do know that Mr Greaney himself associated his violent ideation and a previous abduction and attempted murder for which he was referred to a psychiatric unit, on his substantial debts. The Irish Independent newspaper has reported that....

"one family friend said he appeared to become “very stressed” after Christmas Day and once again seemed preoccupied about the family finances.That CMH treatment was ordered after he appeared before the court in 2013 on a charge of false imprisonment and assault against a woman.He was found guilty but insane by a jury after they heard detailed evidence that, following severe financial problems in his business and spiraling debts, he had suffered from depression, insomnia and stress.After the attack on the woman, he had attempted to self harm."

There can be little doubt as to the influence that personal debt had on Mr  Greaney and his violent thoughts and actions, as the Irish Independent continued......

 In a submission to the court, Mr Greaney said his business had struggled following the Celtic Tiger collapse and had gotten into severe financial difficulties.At one point, he persuaded his wife, Valerie, to put up the deed of the family home to support the business in which they both worked.The threat of losing the family home had caused him terrible emotional turmoil."This broke me physically and mentally," he said."I lost control. I felt so ashamed. It was not me doing this. I let her go...a few seconds ago (she) could have died.""I knew I was a danger and I had to stop it. I grabbed a bread knife to put in my heart but I couldn't. I took a Stanley knife to cut an artery and kill myself".

There has been a veil of silence cast over a principal cause of mental ill-health, particularly over the last few years in Ireland. Acceptable causes without veil or lesser moral implication include demographic variables like age, ethnicity, social status, unemployment and the likes, as well as genetics and childhood histories. This is what students will be taught in college and this is what the media portrays as the sources of mental ill-health. Little is said of personal debt. This may be because today's economic machine is driven by the mantra from the markets, the IMF and ECB that "debt is good", it drives the economy we are told. Nowadays our debt masters are as likely to be government as finance houses.  In conditions such as this we cannot openly talk about the personal and social consequences of debt and how it is driving many into mental ill-health and a lifetime of prescription drug abuse, and drives the few to ideas and acts of terrible tragedy.

A basic Google search reveals that Michael Greaney has not been the only man to kill loved ones and to associate the act with something so mundane as personal debt. Below are some cases reported since the onset of the downward economic cycle in 2008.....

• Mail online December 30th 2014 - Mr Andrew Case -"Mr Case, 33, killed two-and-a-half-year-old Phoebe, 18-month-old Nereya, and stabbed to death his 31-year-old wife before hanging himself at their home."
  
•  CNN, April 31st 2009 - Mr Christopher Woods - "A man who shot his wife and three children to death before committing suicide in Middletown, Maryland, last weekend had about $460,000 in mortgage and credit card debt, the local sheriff said Tuesday. Authorities said Wood left individual suicide notes to his wife and each of the three children, expressing his sorrow and love. There was one note left to his mother, father and sister, and one more that was not addressed to anyone in particular but that was more apologetic than the others. In his sixth note, Wood described his "day-to-day stresses," Bailey said. "That one talks about financial problems, how he was going to raise his family, stresses, how he tried a number of medications to control his depression, but felt he had gotten worse over time," Bailey said."
• The Star Online, July 6th 2013 - "A contractor, said to be debt-ridden, is believed to have killed his wife and two children in a case that has shocked this town in Sarawak’s central region."
• NCB LosAngeles, 28th January 2009 - Ervin Lupoe - "Awash in debt, behind on his mortgage and recently fired from his job at a hospital, Ervin Lupoe was planning on leaving California....he shot his five children and wife to death before turning the gun on himself."
• APP.COM, Monmouth County, 21st November 2011 -  Kimberly Allen and her husband, Patrick, were more than $600,000 in debt and days away from losing their Middletown home to foreclosure. The couple was planning to go to Wells Fargo Bank that day to try to stave off the foreclosure, Patrick Allen's attorney has claimed.

The cases cited are from only the first page of a Google search that had scores of direct search results. Each case shares certain factors as that of the Greaney case, namely significant debts and the threat of home repossession in some cases, self-stated deep upset and trauma due to personal debt, and finally the murder of loved ones.

Although no further evidence is needed of the links between mental ill-health and personal debt, and more to the point radical acts of destruction of life and personal debt, a relatively recent report published by the Irish Mental Health commission, titled The Human Cost states that...

The recession affects everyone, to a greater or lesser extent. For people with pre-existing mental health problems the impact of the recession, and factors such as debt and unemployment, is likely to be more pronounced.....A high proportion of people with mental health problems who are in debt choose not to tell creditors because they think creditors won’t understand or will not believe them. Finally, the presence of a mental health problem represents an existing vulnerability and the person may not have the emotional and psychological resources to cope with the extra stress of concerns in relation to debt and unemployment.

So we have the evidence of the negative impact of personal debt on mental health in general, and we know that in some cases depression, anxiety and even suicide may not be the worst outcome, but rather the killing of others.  What can be done to prevent another tragedy like that in Cobh, Co Cork last week? Are we really as helpless as our initial reactions to such terrible news suggests, or can we collectively do something about it?

The Human Cost report highlights the need for further research and the recommendations it cites from the UK, and reports and policy initiatives, appear to focus principally on providing more mental health services and funding for services. Prevention of indebtedness is also discussed as a resolution. Meanwhile the elephant in the room, current and existing debt, is ignored, and the suffering of this generation continues unabated. The report writers feel they did their bit, and got well paid for it too no doubt.

In the meantime Mr X, and Mrs Y trudge on through their own personal nightmare induced by their debt, calls and letters from the bank and the threat of losing their home. For most, the outcome will likely be a broken relationship or two, possibly self harm and alcohol/substance abuse, suicidal ideation maybe. For a few, it will be their own death and the death of those closest to them. What a shame that we know the cause of the problem but still we refuse to accept the only real solution, debt forgiveness.


Author - FM

THE WEST’S AWAKE: PEACEFUL AGITATION AGAINST EVICTIONS ESCALATING

The words of the famous ballad “The West’s Awake” describe how the people of the West of Ireland rose up in the past against oppression and dispossession. The spirit of the song and its application to current circumstances, particularly in the West, cannot be lost to any keen observer of current affairs in Ireland.                                                                    

                                                                                     

                                                                          Below: LL West protest at banks

Formed in the last number of months, Land League West (the regional grouping of Land League branches including Mayo, Galway, Roscommon etc) has been very pro-active. Not only have they shown an evangelical zeal in terms of organising and providing advice and assistance to those in fear of eviction, but also in the form of protest. Gerry O’Boyle, recently elected chair of the Mayo and Land League West branches, and Eddie Brennan, amongst many others, have been carrying out flash protests throughout their region.

Gerry O’Boyle, in an interview, said of recent League developments in Mayo, “ We have to address the eviction emergency on all fronts. We can’t decide to just give advice, not when 100,000s face the road over the coming year. We have to protest too, to highlight the plight of so many people, men, women and children.”

Amongst the many actions carried out by Land League West, often with the assistance of The Hub, Galway, are

•  Working with the Hub Galway to prevent the eviction of 8 families in one housing estate in Co Clare. The family received notice on the 17^th of December to be out of their homes by the 19^th of December. They remain in their home as I write.

• A picket at the Offices of Seamus Carty, Auctioneers and Estate Agents that profit from selling repossessed properties.

• Protests at Mayo, Galway and Roscommon Court Houses.  Land League members have attended numerous court sittings to protest the mass eviction of thousands of families in the West of Ireland. Members of the League also enter the court rooms peacefully to assist and support homeowners inside.

•  Land League West halted a recent eviction attempt at Ballyvary, Castlebar.

• Land League west and its supporters, within the last few weeks, stopped the sale of a home that did not even have a possession order on it. This happened at the Plaza Hotel in Westport, being sold by Tuohy auctioneers.

•  The men and women of the Western branches also regularly protest at banks and set up pickets at Enda Kenny’s constituency office.

The actions listed above are only a fraction of the activities of  members in the West of Ireland but serve to be an inspiration to branches throughout the country. It is no mean achievement to, on the one hand, roll out an escalating plan of peaceful agitation whilst at the same time arranging the organisational structures necessary to make the League build and work, but it is happening in the West of Ireland. We will continue to report what Land League West are up to, but for now it is a safe bet to say that the west is well and truly awake.

Above: Land League West protest at Courthouse

Author - FM

SUCCESSFUL LAUNCH OF THE MEATH LAND LEAGUE

(Author F.M: Photos courtesy of John Ayres Photography)

The launch of the County Meath branch of the National Land league of Ireland took place on Tuesday the 16^th of December 2014. This followed the successful launch of the Mayo branch only two weeks before. The Meath launch took place in the “Big Hall”, Trim Castle at 8pm and was well attended with up to one hundred people coming out on a wet and windy night to show support.

Few had arrived by 7.45pm and organisers were initially concerned that a low attendance and the large capacity of the big hall may make the evening an anti-climax, but thankfully this was far from the case by 8pm with most seats occupied. There was a nice mix of those already involved in the League and those who came for the first time to hear what the League is about.

Paul Scannel was MC for the evening and speakers included: Neil Armstrong of The Hub Ireland; Dr. Finbar Markey of the Louth Land League and one of numerous national organisers; well known economic justice campaigner Mr. Ben Gilroy; Sharon Murphy of the League and founder of the national toy appeal; Gerry O’Boyle of Land League West; well known litigant Mr. Tom Darcy; and Francis Murray Kelly of the Meath and Louth Land League.

Dr. Finbar Markey opened the event by outlining the current eviction crisis, before presenting the aims and objectives of the League as well as the national strategy. Finbar highlighted a two-prong approach, neutralising the courts system through homeowners putting up defences in court, whilst the League campaigns outside of the courts for change.

Neil Armstrong of the Hub Ireland spoke of their work assisting lay-litigants in defending their homes from the banks. Neil referred to the special relationship between the Hub Ireland and the Land League and how skills, knowledge and aims are shared between the two organisations.

Mr. Ben Gilroy talked about his work over the last number of years and the potential for the Land League to make real change into the future. He described a number of court situations and successes, including a recent win in which the powers of the receiver to sell properties was successfully challenged.

Sharon Murphy spoke about her work over the last two years collecting toys for children living in poverty in Ireland, and she highlighted how this work often brings her into contact with families who face eviction. Sharon also announced contributions she had recently received of large quantities of turf for families in need as well as upcoming Land League plans to use land donated to the League to grow healthy food for families facing severe financial distress.

Gerry O’Boyle, recently voted chairperson of the Mayo Land League Committee, spoke of the diversity of actions and work being carried out throughout the West of Ireland, including assistance in the courts, the stoppage of evictions and auctions, and peaceful but persistent agitation. It is clear from Gerry’s speech that the assertiveness of the Land League in the nineteenth century is alive and well.

Mr. Tom Darcy outlined a number of legal discoveries and developments over the last few years. In particular he focussed on his upcoming challenge to the Land and Conveyancing Law Reform Act as amended in 2013 and the very real likelihood all those in the lesser courts will be able to use the case to seek significant adjournments. Mr. Darcy explained that, when filed, the Constitutional challenge will be the greatest legal obstacle to the banks since the “crisis” began in 2008. Tom also took the opportunity to propose a Provisional constitution for the Land League. There were a number of concerns voiced regarding the manner of proposal and the contents of the proposed constitution.  Tom read the document to attendees and on the suggestion of Eddie Brennan from Land League West that it only be voted on in principle, a vote was taken and the constitution was adopted in principle. Attendees agreed it was healthy to see debate and democracy in action.

Frances Murray Kelly of the Meath and Louth Land League spoke of how she became involved in the League and how it has given her a different perspective on defending her home. She described her work in the League clinics in Louth and how she looks forward to setting up clinics, workshops and regular meetings throughout Meath over the coming two months.

Paul Scannell, in closing the Launch, made a call for those interested in forming a local County Committee to put their names down on paper before leaving, and sixteen names were collected. On talking to supporters and attendees after the event there was a real sense of excitement at how the League is spreading throughout the country. The next County League branch launches are in Louth, Westmeath and Monaghan over January 2015. Watch this blog for further announcements. 

THE CCMA & MARP: EDUCATION TO DEFEND YOUR HOME

The following article is our second “blog” examining the CCMA & MARP, the Mortgage Arrears Resolution Process. The first article can be found on our blogspot and is a basic introduction to what MARP is. As a quick reminder….

Lending institutions such as banks and building societies are bound by statutory codes of conduct in relation to mortgages on primary residences. This is called the CCMA (Code of Conduct on Mortgage Arrears) and is issued by the central bank. The CCMA requires that every lending institution establish a MARP, a system to deal with homeowners in arrears with the intention of reaching a “sustainable solution”. MARP outlines what the banks must do but also sets out the responsibilities of the bank and what one might loosely term “rights” that you have.

WHAT DOES UNCO-OPERATIVE MEAN?

It is our experience that the banks want to make homeowners in arrears appear “uncooperative”. If you are proven to be uncooperative then the bank can press forward with demanding voluntary surrender of the home and/or initiate legal proceedings.  Here are the reasons a person may be deemed uncooperative under the CCMA….

•   Fails to make a full and honest disclosure of information to the lender, that would have a significant impact on his/her financial situation.
• Fails to provide information, relevant to the borrower’s financial situation, within the timeline specified by the lender in accordance with Provision 34 (timeframes must be reasonable).
• Where the borrower has not entered into an alternative repayment arrangement, and (i) has failed to meet his/her mortgage repayments in full in accordance with the mortgage contract; or (ii) meets his/her mortgage repayments in full in accordance with the mortgage contract but has an arrears balance remaining on the mortgage.
• Where the borrower has entered into an alternative repayment arrangement, and during which the borrower has failed to meet in full repayments as specified in the terms of an alternative repayment arrangement.
•  Where the borrower has failed to make contact with, or respond to any communications from, the lender or a third party acting on the lender’s behalf.
• Where the borrower has made contact with, or responded to communications from, the lender or a third party acting on the lender’s behalf but has not engaged in such a way that enables the lender to complete an assessment of the borrower’s circumstances.

A homeowner cannot be deemed uncooperative unless a warning letter, required in accordance with Provision 28 of the CCMA, has been issued to the borrower and the borrower has not carried out the action(s) specified in that letter.

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Some further requirements from the CCMA include….….

•   A lender must assist borrowers by ensuring that all requests from borrowers for documentation and information, required for the purposes of applying for State supports in relation to mortgages, are processed within ten business days of receipt of the request.
• At the borrower’s request and with the borrower’s written consent, the lender must   liaise with a third party nominated by the borrower to act on his/her behalf in relation to his/her arrears situation.  This does not prevent the lender from contacting the borrower directly, in relation to other matters, or issuing communications required under this Code directly to the borrower. (3^rd Party nominees can also slow down procedures.
• As soon as a borrower goes into arrears a lender must communicate promptly and clearly with the borrower to establish in the first instance why the repayment schedule in accordance with the mortgage contract, has not been adhered to.  (If this is not complied with, did the bank facilitate your arrears?
• Lenders are restricted from imposing charges and/or surcharge interest on arrears arising on a mortgage account in arrears to which this Code applies, unless the borrower is not co-operating.
• A lender must ensure that all meetings with borrowers in relation to arrears or pre-arrears are conducted with utmost privacy.
• A lender must ensure that it has in place a Mortgage Arrears Resolution Process as a framework for handling cases as specified in Provision 18 below.

MARP

The MARP must incorporate the steps set out in the CCMA, i.e.: communication with borrowers; financial information; assessment and resolution. A lender must ensure that the MARP framework is applied to the following cases:

• A mortgage account where arrears have arisen on the account and remain outstanding, 31 calendar days from the date the arrears arose.
• A pre-arrears case.
• Where an alternative repayment arrangement put in place breaks down.
• Where the term of an alternative repayment arrangement put in place expires.

The Banks sometimes will try to by-pass MARP if you are not in the know. In doing so they hope you will be convinced to hand your keys over without the formalities of MARP. Do not be fooled!!

COMMUNICATIONS…

A lender must produce and implement a policy regarding communications with borrowers. That policy must be approved by the board of directors.A lender must ensure that:

• The level of  communications from the lender, or any third party acting on its behalf, is proportionate and not excessive, taking into account the circumstances of the borrowers, including that unnecessarily frequent communications are not made.
• Communications with borrowers are not aggressive, intimidating or harassing. 
• Borrowers are given sufficient time to complete an action they have committed to before follow up communication is attempted. In deciding what constitutes sufficient time, consideration must be given to the action that a borrower has committed to carry out, including whether he/she may require assistance from a third party in carrying out the action.
• Steps are taken to agree future communication with borrowers.

UNSOLICITED PERSONAL VISITS

 A lender may only make an unsolicited personal visit to a borrower’s primary residence in the following circumstances:

      (i)            When all other attempts at contact in relation to the borrower’s arrears have failed; and

    (ii)             Immediately prior to classifying a borrower  as not co-operating.

Where a lender wishes to make an unsolicited personal visit, the lender must give the borrower at least five business days’ notice, on paper or another durable medium, and must provide the specified timeframe within which it intends to make the visit. The specified timeframe must be no longer than 15 business days from the date of notification (including the five business days’ notice).

COLLECTING YOUR INFORMATION

A lender must use the standard financial statement to obtain financial information from a borrower in arrears or in pre-arrears. The lender must pass the completed standard financial statement to its ASU immediately on receipt and provide a copy of the standard financial statement to the borrower. The lender may require the borrower to provide supporting documentation to corroborate the information provided in the standard financial statement. 

Where the lender imposes a timeline for return of information, including a standard financial statement, the timeline must be fair and reasonable and it must reflect the type of information requested and whether the borrower may need to obtain the information from a third party.

OFFERING AN ALTERNATIVE ARRANGEMENT

In order to determine which options for alternative repayment arrangements are viable for each particular case, a lender must explore all of the options. A lender must document its considerations of each option examined including the reasons why the option(s) offered to the borrower is/are appropriate and sustainable for his/her individual circumstances and why the option(s) considered and not offered to the borrower is/are not appropriate and not sustainable for the borrower’s individual circumstance. A lender must carry out a review of an alternative repayment arrangement at any time, if requested by the borrower.

APPEALS

A lender must have an appeals process to enable a borrower to appeal in relation to a decision of the lender, including:

a)      where an alternative repayment arrangement is offered by a lender and the borrower is not willing to enter into the alternative repayment arrangement;

b)      where a lender declines to offer an alternative repayment arrangement to a borrower; and

c)       where a lender classifies a borrower as not co-operating,  and for this purpose must establish an Appeals Board to consider and determine any such appeals submitted by borrowers

The Appeals Board must be comprised of three of the lender’s senior personnel, who have not been involved in the borrower’s case previously. At least one member of the Appeals Board must be independent of the lender’s management team and must not be involved in lending matters, for example, an independent member of the lender’s Audit Committee or an external professional such as a solicitor, barrister, accountant or other experienced professional.

A lender must have in place a written procedure for the proper handling of appeals.  At a minimum, this procedure must provide that...

• The Appeals Board will only consider written appeals.
• The lender must acknowledge each appeal on paper within five business days of the appeal being received.
• The lender must provide the borrower with the name of one or more individuals appointed by the lender to  be the borrower’s point of contact in relation to the appeal, until the Appeals Board adjudicate on the appeal.
• The lender must provide the borrower with a regular written update on the progress of the appeal, at intervals of not greater than 20 business days.
• The lender must consider and adjudicate on an appeal within 40 business days of having received the appeal.
• The lender must notify the borrower on paper or another durable medium, within five business days of the completion of the consideration of an appeal, of the decision of the Appeals Board and explain the reasons for the decision and the terms of any offer being made.
• The lender must also inform the borrower of his/her right to refer the matter to the Financial Services Ombudsman and must provide the borrower with the contact details of that Ombudsman.
• A lender must allow the borrower a reasonable period of time to consider submitting an appeal to the Appeals Board, which must be at least 20 business days from the date of notification of the decision of the lender’s ASU. 

This concludes our article/review of the MARP as set out in the CCMA. There is a mine of information in this article for those currently within MARP or who wish to be assessed under MARP. There are numerous rules and procedures that the Bank must follow, and opportunity for you to delay the process by insisting the bank does as set out in the CCMA and MARP. Please take advantage of such opportunities for delay.

Author ; FM

MEATH LAND LEAGUE TO LAUNCH ON 16TH OF DECEMBER....

On the back of the successful launch of the Mayo Land League County Meath is to have its turn. It may be a push to exceed the turnout and positive, spirited atmosphere of the Mayo launch when the room overflowed with supporters and many stood cheering from the hallway. Local and national organisers expressed a confidence that the Meath launch will equal if not excel that of Mayo, and a jovial competition exists throughout the country with localities driving themselves to bigger and better launches.

Branches, offices and clinics are to open in Meath, Monaghan, Westmeath, Wicklow, Kildare, North Cork / South Kerry and Offaly over the coming two months. It is an exciting time for the many people who have dedicated their time to the cause over the last six years and who have now come together under the flag of the National Land League.

The Launch in Co Meath on Tuesday the 16th of December takes place in "The Big Hall", Trimm Castle, at 8 pm. A great line-up of speakers will tell us about the League, work to date and future plans and strategies. Details about the establishment of offices / clinics in Meath will be announced on the night.

                                                                                  A portrait of Trimm castle....

All are invited to attend this historic launch and we wish to remind readers that the Land League is not just for people in arrears. It is a League determined to end evictions and introduce fair mortgage repayments, aims that will benefit the entire nation both socially and economically, and of course bring an end to the plague of personal trauma being experienced by those in debt and those barely managing to pay their mortgage.

LETTER FROM THE BANK? TIPS FOR READING & RESPONDING....

For many homeowners who receive correspondence from their mortgage bank, understanding the letters and replying to them prove a task too much and no replies are sent. This is one of the biggest mistakes a homeowner can make. It is usually the bank's intention to make the homeowner appear unco-operative as they can then move forward with demanding voluntary surrender or initiating court proceedings.

Don't avoid replying to the bank....

For those who do respond, they do so by phone and fail to keep a permanent record of what has been said or how co-operative they have been. With no paper trail the homeowner looks very naked compared to the bank, festooned with files and files of documents as they always appear to be. The very few who do write back to the bank often do not write letters as effectively as they could or should.

Although the National Land League are rolling out workshops throughout the country to assist homeowners in defending their homes, we cannot even hope to reach all of those in trouble. The following article is an outline of key tips and advice when reading bank letters and responding to them. We will try to provide you with this information as simply and clearly as possible but it is important you understand that you must practice if you are to master "critical" correspondence exchange.

There are a number of reasons why critical correspondence exchange is important to the homeowner in arrears, namely..... (i) Creates evidence of your co-operation, (ii) ensures that the bank do not make untrue statements that go unchallenged, (iii) assists you in accessing your rights under MARP - Mortgage Arrears Resolution Process (please see earlier blogs), (iv) assists you in collating evidence against the bank.

To critically assess some information, let’s say a report or correspondence, means to examine it from alternative viewpoints. Critical assessment requires a number of pre-requisites, in other words things in place, before it can happen. The pre-requisites to critical assessment are….

1.A doubting mind (never accept information in a letter at face value).

2.An understanding that the “other side” has alternative motives.

3.An awareness of protocol and procedure (such as CCMA/MARP)

4.A framework of critical variables (categories / types of things to look out for)

In social sciences for example, critical variables can include considering reports or correspondence in terms of what it says about: Gender; Class; Religion; Age; Disability etc. The reader would ask him/herself, how does this material relate to women? To the poor? Etc. In the case of critically assessing bank correspondence there will be a different list of critical variables to use, namely…….

A. Does the correspondence make any untrue statements?

B. Does it provide you with an opportunity to make a reasonable request for information before making a final response.

C. Does the correspondence comply with CCMA/MARP?

Before diving into a bank correspondence it is best that you have certain tools at hand. Three blank sheets of paper and a pencil for start, and if possible a photocopy of  the bank letter. If you have a photocopy, you can write notes on it, but   you are advised to use the blank paper. You may wish   to use the original copy as evidence into the future. On each of the three sheets, write one of the three Critical variables on the header section. Make sure you are in an environment conducive to clear focus and free from interruption.

We shall look at each variable in more detail now....

A.     Does the correspondence make any untrue statements?

Banking administrators often make efforts to portray those in arrears as un-cooperative. This can speed up the possession process and may also, if unchallenged, influence a Judge into the future. It is very important that you rebut (deny) any untruthful statements made in banking correspondence. If you do not rebut it is accepted as fact. Untrue statements can come in a number of forms like actual statements of fact, and others come in the form of presumptions. 

Examples of banking untrue  “statements of facts”…

•“We have been trying unsuccessfully to make contact with you.”

•“As per our correspondence of the 22/03/14 (earlier dated postmark)”.

•“You have not made your repayments as per our most recent agreement.”

•“As you have failed to correspond…”

•“You have not provided us with the information we have requested…”

Any such “untrue statements” of fact must be responded to in your correspondence. As part of the critical assessment process, make a note on the first sheet headed “untrue statements of fact”, noting the paragraph number, the untrue fact, and your initial response. 

Banking “presumptions” are statements made that appear to convey a decision already made without your input or consultation. 

Examples of banking “presumptions” include….

•“As we have not heard from you we understand that you are no longer within MARP and we have sent your case to our legal department”.

•“As per your call with our advisor, we are awaiting/you have missed your first instalment in your agreed repayment arrangement and you are now outside of the MARP.”

•“You may Appeal to the Ombudsman, or alternatively, you may complete a new SFS, we have included both applications with this correspondence”…. (at the point of Appealing the MARP decision)

Any such “presumptions” must be responded to in your correspondence. As part of the critical assessment process, make a note of the back of the first sheet (variable 2), noting the paragraph number, the presumptions, and your initial response.

B. Does it provide an opportunity to request information?

Usually banks appear to be requesting information from you all of the time. As such, it can feel like you are always on “the back foot”, that the bank have you “on the hop”. In contrast, asking for information you are entitled to can change the power axis, and it often proves the case that the bank do not have/do not wish to reveal/have incorrect information requested. This can advantage you in a number of ways. Firstly, it delays the banking debt collection process, particularly when you state that the clock stops until you get the information. Secondly, further information can add to your defence. Finally, it increases your negotiating strength into the future and in some cases may prove the bank uncooperative from an early stage.

Prior to and during the MARP process you may request information to assist you to be “cooperative”. Requests for information may always be introduced by stating something to the affect…

 “To assist me to provide the best application/best Appeal/make the best decision/to understand my position best…. I am requesting the following information…..”

Although you may decide to assault the bank with a barrage of data requests, it is better to use this ammunition wisely, particularly if one of your objectives is to slow down the bank’s processes and systems. There are a number of considerations regarding what you choose to request at any stage: At all stages you may usefully request for example....

•“Current, detailed accounts of all of the debts your Institution claim I owe, to include any interest payments, service charges, insurance charges, administrative charges and any other fees considered liable to me”.

•“Details of the Instruments used to calculate the sustainability or otherwise of my mortgage” (at an advanced stage such as MARP appeal, one might request: write-down funds and securitisation benefits accrued)

•“A detailed explanation of the factors underpinning your decision in these matters”.

•“An explanation of your decision not to offer me an alternative to X such as Interest only/full moratorium/partial write-down”. 

C.  Does the correspondence comply with CCMA/MARP?

Lending institutions such as banks and building societies are bound by two statutory codes of conduct in relation to mortgages. These are the Central Bank's Code of Conduct on Mortgage Arrears (CCMA) and the Consumer Protection Code 2012. The CCMA relates to primary residences, and the CPC to investment properties, credit cards etc. In this Module we shall focus on the CCMA. The CCMA requires mortgage lenders to adopt specific procedures when dealing with borrowers experiencing arrears and financial difficulties. Such procedures must be aimed at helping you as far as possible in your own particular circumstances and are called MARP.

We have posted a number of blogs on MARP and intend to post more over the coming weeks. It is important that you make yourself aware of your rights under MARP. By knowing your rights you will be able to see when you are being abused by the banks in their correspondence, Again, having made yourself familiar with your rights, make a note on your paper of where in the bank letter, the bank have failed to follow MARP.

WRITING THE REPLY......

In writing back to the bank the golden rule is "less is more". Sometimes homeowners tend to be emotional, such as angry, and this is not something that should be recorded on paper and may well convey your mental state to the bank. Why give them any extra information? Instead, simply address the matter at hand, rebutting any untruths, seeking any further information you may require and insisting on your rights under MARP and the CCMA. 

On a final note, remember that if the bank is demanding that you do something in a particular time frame, or insist on phoning you, write to them and insist any time frame must be agreed and that you will communicate through written correspondence only, that is your right.

To Find out about upcoming free workshops in your area please call the National Land League on 0894740811...

Author - FM

BOYCOTT IS BACK.......

National Land League Kick Off Boycott Campaign in Louth...

The National Land League boycott campaign is to be kicked-off in County Louth with local Solicitors in Dundalk being notified over the coming week. The strategy of boycotting began in 1880 when the National Land League urged communities to shun those involved in evictions. The first successful boycott was initiated against Captain Boycott in 1880 in County Mayo.

Below: Captain Boycott

The Louth Land League, whose members attend the County court regularly to assist homeowners, have noted local solicitor firms acting as "agents" for the larger Dublin firms who in turn act on behalf of the banks. In Louth it was observed that not all local firms are acting for the banks, but those that are are effectively speeding up the rate of family home possessions throughout the country, leaving families with no-where to go.

At a recent meeting of the Louth Land League it was agreed that a standard letter be sent to local legal firms from the League requesting that they refuse any business involving applications for possession of family homes. It was also agreed at the meeting that a carrot and stick approach be used, offering public acknowledgement to firms that refuse home possession business; and conversely a boycott on those who continue to prosecute for banks. 

                                                                                                        

Louth Land League have designed an escalating model of boycott, initially beginning with a social media boycott campaign naming & shaming guilty local firms. They will also be named and shamed in our local newsletter boycott page (3,000 distributed last month). If the League's requests are not satisfied within one month, regular, "spontaneous" pickets will be placed at the firms offices and pamphlets distributed into local businesses and households, again naming and shaming the particular firm, and asking that our communities refuse them business. If we are not satisfied at this stage, further boycott actions will be employed (non-violent).

Below is the standard boycott-campaign notice to be delivered to every legal firm in Dundalk town over the coming week.....

                                                                                                               

                                                                                                       

                                                          The Louth land League

                                                                                                               

Re: Introduction Descriptor of the Louth Land League and Request for Solidarity

To Whom It May Concern,

                                We write as the Louth Land League and in furtherance of decisions made at the most recent meeting of Louth Land League members. It was decided at that meeting that we write to formally introduce the Louth land League to you as a local Legal Firm and to outline the voluntary work we do and our peaceful intentions. It was also decided at that same recent meeting that we communicate to all local Legal Firms a request that you refrain from working on behalf of banks/financial institutions seeking “Possession Orders” on family homes.

The Louth Land League was established five months ago and is affiliated to The National Land League, but retains all decision making powers at a local level. The central objective of the League in County Louth is to assist and support homeowners at risk of losing their homes through mortgage debt collection processes, from the point that home owners fall into arrears, throughout the MARP and negotiation stages, to prosecution by lenders and enforcement by agents of the Courts accompanied by private security personnel.

To this end we have amassed a sizable body of knowledge in terms of building the confidence and skills in people to defend themselves. Our assistance is manifest in regular public and member meetings, correspondence workshops, Mckenzie be-friending, educational programmes, a monthly newsletter (3,000 copies distributed locally in November) and so on. Our belief is that our assistance not only addresses the practical elements of defending the home, but also the stress, depression and anxiety felt by so many that are brought before our courts by lending institutions.

Accompanying the educational and advocacy functions of the Louth Land League, we are also pro-active in our efforts to dissuade national and local firms from assisting lending institutions throughout the “Possession” process. We include in our list of firms: Legal professionals and firms; security companies; Locksmiths; Estate Agents and Receivers. Our efforts in this regard are entirely peaceful and rely upon a strategy of initially negotiating with the identified professionals and firms, and where negotiation fails, mounting an escalating, peaceful boycott centred on the question

“Do you want the long term business of your community or short term, morally degenerate trade from the “repossession” industry?”

We do not wish or expect that you receive this correspondence as a threat, veiled or otherwise. It is simply a notice to the effect that we are communicating with all local Legal Firms requesting that they desist from engaging in work that involves the prosecution of applications for possession of family homes. Those firms which do accept such business will be boycotted. All firms that refuse such work will be promoted. Boycotting involves publicising non-conforming firms as profiting from eviction, and a call for the public to provide their local legal business to firms that are not engaged in the prosecution of homeowners.

Although we do not expect or require a response to this correspondence, replies are welcome and may be sent to our email address (see header). Louth Land League court observers are mandated by the Louth Land League to identify legal firms in compliance and non-compliance with our request.

                                                                                                                     
The Louth Land League


Author - FM

MORTGAGE ARREARS: FROM DESPAIR TO HOPE

We've been running clinics in Drogheda and Dundalk for people in mortgage debt for three months now. By "we" I mean the members of the Louth Land League. We haven't made much effort with the local media and yet our clinics are usually booked out, mostly as a result of word of mouth . People from every background come to us and all have a number of things in common. Their mortgage arrears naturally are a shared characteristic, but there is something else they share, something that is hard to define. Laziness or a lack of attention might lead some to call it a shared mental state, but that doesn't cut the mustard, it doesn't describe adequately what we in the League see in the faces of the broken people who walk through our doors. The word soul, although abstract and less scientific, is what's missing. Yes that's it, they all seem to show in their faces a soul that is broken.

Although the following descriptions do not match everyone that comes into our clinic, they do represent a large number. Often skin and bone, with dark rings beneath their eyes, they shiftily come in, head bowed, eyes darting around the room. In those eyes we see fear and distrust. Fear of losing their home and their dignity. Their distrust is sourced in the fact that they have sought help in so many places before coming to us. They have often forked out their last shillings on solicitors and/or "professional" profiteers of the new debt industry and have been left in the end on their own, where they began.

When I see homeowners come in, sometimes shaking and shivering, they often remind me of depictions of victims of famine and persecution, trudging a scale of dehumanisation towards a sort of frightened, nervous animal state. Next to losing ones own life or that of a family member or friend, what can be more dehumanising than losing the family home and with little prospects of finding an affordable new place of sanctuary? I don't mean to suggest that the people who come to our clinics have reached the most severe end of the dehumanisation scale, but there can be little doubt from what they tell us as they come to trust us that they have been staring into an abyss, frozen with fear, anxiety and depression. They  no longer feel part of the human family around them as their inner most fears and worries remained unshared and they locked inside what was once a home but what now feels like a prison. Some have contemplated suicide, others have sought medical help and have in return been medicated.  

There are those who will argue for and against the national economic impact of home repossession. They'll sound sophisticated and rational in their material concerns. There is however something not being measured when it comes to the experience and impact of mortgage arrears and that's the extent and depth of human degradation and not of only the 100,000 or so people who's names are on the mortgage documents, but their children and close family. All in all possibly up to half a million people in our small nation are being dehumanised, their souls feeling separated from the human family, their hearts filled with desperation, fear and distrust.

Get help and support

What we have also witnessed and learned in our clinics is that we all have the tools and skills to rebuild souls broken by the banks, to rehumanise the victims of banking greed. The principle tool to this end is listening, providing the environment to express, and listening. After listening, we offer security by making clear that now they have come to the clinic they will not be out of their home by this Christmas or next Christmas. This reassurance brings calm and makes reciprocal listening more achievable. We see their shoulders drop as they calm down, they start looking us straight in the eye, sometimes they cry, but they always leave with a renewed sense of being part of humanity again. From this point, clinic workers assist people to defend their homes through helping with letter reading and writing, affidavit construction, workshops etc.

 Sometimes, when the business of the Louth Land League can get on top of us, its a tonic to sit back at meetings and listen to members talk out the bit, to confidently recount their own experiences and plan on how we all can defend ourselves together. The tonic is in recalling back to when they first came to our door broken and hopeless. If a few people in County Louth can come together with no money but plenty of focus and create a model for rebuilding the souls of those in debt, there's little doubt you can do the same.


F. Markey

JUST BEEN SUMMONSED TO COURT? DON'T PANIC, READ THIS....

For over 100,000 homeowners in arrears and their partners, being served a summons to court by the bank is the moment they have been dreading most. So many homeowners have been sticking their heads in the sand, hoping and praying for a knight in shining armour that will save them from homelessness. The penny drops however when that knock comes to the door, often in the evening time, and the unsuspecting homeowner is handed the summons by a stranger. Its a moment when even the hardest of people, muscle-bound bruisers, turn to jelly, and the most positive people in life are overcome with shock, anxiety and depression. Physically, the heart-beat revs to palpitations, many have reported to us shortness of breathe, nausea and trembling.

These reactions are the release of pent up anxiety, often building over a number of years, as worst fears are realised. It isn't pent up emotions alone that bring about such reactions when handed a summons for a civil bill application by the bank. One of the main contributors is, believe it or not, ignorance, a lack of knowledge regarding what the summons is and what it means.

If you, like scores of thousands, have fallen into arrears on your mortgage, it is likely that you believe you will have no options other than to eventually hand in your keys or go to court to lose it sooner rather than later. This is in reality far from the case. If a home owner decides they wish to defend themselves having received a summons to court they can be guaranteed, with a little knowledge, to remain in their home for years to come. If you have recently been served with a summons to the Circuit Court, here's a few starting facts that will put your mind at ease and allow you a good night's sleep. The facts and court defence tactics outlined below do not present a silver bullet but rather will gain you significant amounts of time during which the Land League aims to build a national campaign to end evictions and achieve an across the board write-down on home mortgage debt.

1.  When you go to the Circuit Court for the first time you will be in front of the County Registrar. The Registrar is not a Judge. The Registrar is almost like a gate-keeper, and it is his/her job to make sure everything required for a case is present before sending the case to the "Judges List". If you do not present a defence the Registrar will make an Order for Possession of your home.

2.  On your first appearance the Court Registrar cannot make any decision, whether that be to send the case to the Judges list; grant the Bank its application for Possession; or even strike the case out with a right to re-apply. Because the Registrar can do nothing on the first sitting, we advise homeowners to say very little. An adjournment will be given automatically by the Registrar with a date to return. Currently adjournments are for between two months and four months in the Circuit Courts and extending all the time.

3. On the second appearance before the Registrar he/she has the authority (according to their own understanding of the constitution) to take an action, such as sending the case to the Judge's list etc. We advise at this stage that you attend the court with a short affidavit (a document stating facts you wish to tell the Judge in your defence). Do not present the affidavit immediately, but rather play for more time. Achieving adjournments throughout the court process is a core objective of our court strategy, keeping people in their home for as long as possible. A number of reasons to seek an adjournment at this second sitting include (a) I have applied for legal aide and await a decision, (b) I have recently sent a letter to the bank regarding negotiations and I await a response (do send such a letter one week before the second sitting), (c) I have made an appointment to obtain legal advice and ask for an adjournment. Similar reasons can be given to seek more time. Remember you are a lay-litigant and as such will receive more lee-way than a trained solicitor.

4. If the Registrar insists on you presenting a defence, then you may use the affidavit. The Affidavit can contain any form a defence, but make sure it states clearly that it is not your "full, final and perfected defence", but rather only serves to meet the requirement of having some sort of defence to send up to the judges list. Saying "I am trying my best" is not a defence. A defence must in some way refute the allegations of the bank. At this stage the affidavit should not be detailed. The affidavit may refer to the fact that the mortgage was securitised; that the interest rates claimed by the Plaintiff (that's the bank) are incorrect; that the mortgage was misrepresented to you, or a host of other Prima Facie (on the face of it) defences. Only use one or two and remember, its not the Registrar's job to decide on the merits of your defence, his/her job is simply to move it to the Judge's list.

5. If your requests for an adjournment at the second sitting have not been successful and your case has been moved to the Judges list, this does not mean you will be up in front of a Judge that day. Instead the case will be adjourned again and you will once more be before the registrar in two/three/four/ months time. At this stage the Registrar will ensure that all parties wish to continue and that everything is in place for a trial. Another adjournment will be given and a date set for the Judge's list. This sitting in the Registrar's court may provide more opportunities to delay and seek an adjournment.

6. If and when you finally appear before a Circuit Court Judge it is only for "mention", in other words the Judge will want to know, more months having passed, if both parties wish to proceed. This is where the real delaying can begin, where you can put the bank on the back foot by seeking discovery (the release of documentary evidence from the bank) and many other tactics. The Judge will set another date to return to mention the case again and find out if your reasons for delay have been satisfied and if so, a date can be given for hearing. If not, more adjournments can be requested.

We at the Land league hope that the above information has put your mind at ease in this holiday season. As you can see, before one word is spoken to a Judge or the matters discussed in Court, you can delay the process by up to two years. When the case actually begins further delay is easily achieved, and all the time we are building outside the courts a national movement for fair mortgage repayments. By knowing and using your rights your home can remain a sanctuary for you and your family for years to come, and hopefully for as long as you desire.

All along the way your local Land League can help you. Contact your local league for more details on workshops and clinics, or alternatively call 0894740811 to find out when the free workshops will be in you area.


Author - FM