one of the most frustrating things they've come across in the last few
years has to do with pseudo lawyers and mumbo-jumbo fake law and making up
nonsense from what you could only describe as charlatans and snake oil
salesmen what I mean by that is about ten years ago or so the arts fell out of
the property market the consequence of that was very serious for many many
people including myself fundamental though the fundamental problem was that
every person who owed money whether it was on a commercial premises around a
family home they borrowed the money it was probably uncontested that they
owed the money it was probably uncontested that a
demand had been made by the bank and consequently a legal defense endure
circumstances is very difficult in other words you're looking at a very very
fundamental basic contract I go to the bank and I borrow a million it's a
contract between me in the bank I have to give the money back at some stage
it's a plan to do that but ultimately if the crap all hits the fan and the bank
look for the money back I'm in difficulty unless I'm able to sell
something to give them the money back but from a legal perspective from a
legal defense perspective it's very very difficult to defend
because it's a very straightforward very net issue and yet an industry sprung up
from time to time over the last number of years with fake lawyers spouting
pseudo legal mumbo-jumbo and quoting Breton law and all sorts of anti
diluvian nonsense Muppets leading people astray leading people to think that
there was an easy way that it didn't have to pay the money back that it
wasn't their fault that it was the fault of the politicians it was the fault of
the developers it was the fault of the Germans it was the fault of the EU it
was somebody else's fault but it's not your fault but fundamental was people
fortunately or unfortunately were making decisions to borrow money and ultimately
they were unable to pay now endure circumstances is to say a legal defense
is very very difficult but when the charlatans and the Muppets come along
with the pseudo law and legal mumbo-jumbo and the legal equivalent of
holding hands and singing Kumbaya and hoping it'll go away when those people
sprung up it laid an awful lot of ordinary decent people astray and the
consequence was that those people ended up would even greater legal costs with
years of frustration and misery and going to court going to county
registrar's applications notices of motion for possession and so on and so
forth but the crap that was spun the snake oil that was sold has let it made
it very very difficult for many people who bought hook line & sinker and I'd
come across situations myself where I've tried to help people and I tried to do a
deal perhaps with a bank generation to a property in circumstances where there
was absolutely no way out except to do a deal and a deal was possible
and yes after a while my client will come back in and they'd be after going
off to some rally or other words or so on in some place or other some ballroom
where some guy with a fancy easy quick solution told him that no hang on don't
listen to your solicitor don't make a deal don't do deal with the banks it's
not your fault it's somebody else's fault and we you know we have an easy
solution and that didn't happen that didn't happen and in my line of work I
regularly get emails I get emails every week from the Law Society and the Law
Society sends an extract or a pressie of various decisions that I have been taken
or made or handed down in the various courts including in the High Court and
the Court of Appeal and Supreme Court and so on and I have seen so many cases
in the last 10 years where people have gone in to the High Court and argued on
the basis of some technicality or other that they didn't know the money or that
on the basis of some infirmity or imperfection in the documents that the
bank might have or that they the debtor alleged that the money wasn't to be paid
back and in every single situation I haven't seen one where a technical
offense like that succeeded in other words in the decisions that come in to
me from the our society and to every other solicitor for that matter where
the bank is looking for summary judgment or repossession of a property against
the debtor by and large in nineteen eighty five to ninety nine percent of
cases they've been successful because as I say the fundamental is you borrow the
money you need to pay it back in the can't pay it back there's no legal
defense now you may have a political argument you may have a moral argument
you may have had a number of arguments but you definitely don't have a legal
defense in most cases and you saw that with the Quinn case where the whole
family soup tin to the High Court and at the end of the day they did what
everybody has to do the cola deal and as uriah heep smother in they become veiled
advise them Urich make terms make terms in other words you need to do a deal as
I say the Quinn case the Queen kids case where they all argued that they weren't
going to be bound or held accountable for the guarantees that they gave Anglo
Irish banks all of those defenses all of those arguments went out the window
quite frankly at the ended up doing a deal and accepted that the old absolute
boatload of money to Anglo on four of the guarantees so the arguments at the
outset were something to do with dough being pressurized or put under duress by
either a bank or be their father Sean Quinn but when the rubber hit the road
when the case opened up they wilted and they ultimately accepted and signed up
to accept responsibility for the death and that's essentially what's been
happening for the last 10 years as I say I've seen a lot of cases being reported
by the Law Society have been involved in honey because I'm gonna stay on the high
court in cases like those you know there's no defense to that sort of the
situation generally it's very very difficult but the technical defenses I
haven't seen any succeeding what I have succeeding seeing succeed is deals deals
with the lenders different lenders take different approaches but the bottom line
is it's a far better approach in my view than engaging in this legal mumbo-jumbo
this pseudo lis gibberish listening to snake oil salesmen and Muppets and
charlatans telling you that there's an easy way out of a million or a half a
million or two million euro that there isn't there's no legal defense if you
borrow the money you can't replace in more circumstances as I say I can't be
absolutely blanket a hundred percent across the board make that assertion but
I can guarantee R by and large you've seen it yourself
you've seen the defense's put forward you've seen the technical
I'll at the end of the day what happens is the debtor the person who owes the
money ends up owing even more money because of the legal costs of going to
court and making these these arguments that are bound to fail I hope you find
this video useful hope you don't find too depressing but it's the price maybe
from time to time over the last 10 years when I met decent people who were
actually led astray by amateur lawyers spouting nonsense hope you find it
useful to say if you do give the thumbs up down below and thank you for your
support in my ear on my youtube channel with the shares the likes the comments
and so on and so forth