Why I’ll fight all the way to save my home

As a lengthy court battle began to stave off prepossession, even selling a kidney to raise cash was considered as an option, writes our Riches to Rags columnist

I ENTERED the summer season fairly positive and convinced myself I would take a well earned breather and looked forward to applying for insolvency and, hopefully, achieving it with the help of restructuring expert, Paul Carroll.

But nothing ever seems to go according to plan for me: if a tree is going to fall it normally falls on me but never kills me, just wounds me and lets me get back up again.

The banks had been putting us under immense pressure since November last, coming on hot and heavy with legal proceedings, and no matter how much we tried to plead with them that insolvency was looming, it fell on deaf ears.

My solicitor had been helping me free of charge, but when I received a summons to attend the Masters Chambers in the High Court for repossession, he advised me it was time to employ a barrister.

Hubby was all for it and said we would ‘scrape the money together, that we needed legal representation as this was, after all, ‘the roof over our heads we were trying to save’.

I was informed it was going to cost €1,500 and I just thought ‘no, blast them I am not going to part with €1,500’ and I decided to represent myself and just go for it.

I then put it out of my head as best I could and about three days before the court case I started to rattle and was reefed with anxiety. I hardly read the massive pile of legal papers I had received from the bank as I thought what’s the point? I was hoping to get the chance to address the Master and just speak from the heart.

My gutsy sis’ who lives in Dublin had said she would go with me and Paul Carroll offered too. Even though I didn’t want to bother him I was glad to have him by my side.

But the night before the court case my sis’ and her brood got a savage tummy bug and it went from bad to worse.

I awoke in the middle of the night to vomit running down my chest compliments of my five-year-old darling niece, and come morning sis’ was in a sorry state and the offer of a court buddy was well and truly off the table, but she offered me a valium. ‘No’, I thought, ‘ I’m not going to take anything’.

But half way through the Phoenix Park, I realised I could not stop my leg from banging off the steering wheel and that maybe I was just being a martyr. At that stage, I would have taken anything to calm myself.

So, I arrived in court, met Paul and we both sat in silence for an hour waiting for my case to be called. I observed a lot during that hour and listened intently to two other people who were also representing themselves and the Masters reaction. He turned out to be a gem and it was clear he had no time for the banks.

He noticed that my summons had an incorrect address and scolded the banks and adjourned the case until July which I was thrilled about as I was fully convinced the insolvency application would be gone through by then and the courts can’t touch you for 90 days. He was 100% in my corner and I felt massive relief.

July arrived and of course insolvency was delayed and I had to go through court proceedings again. This time the Master played a blinder and threw out the case. He said the description of the lands was inaccurate but I knew it was too good to be true.

The banks appealed to a higher judge and she overturned the Masters ruling. Bless him, he had tried and gave me great confidence and experience inside the scary walls of the High Court. So now I’m up with a higher judge in November and she has the power to repossess.

Yes that frightens the bejaysus out of me but I am ready to seek an appeal to the Supreme Court and represent myself for the princely sum of €138. I also know there is a four-year waiting list for hearings.

Meanwhile, my application for insolvency hasn’t gone through yet as my financial adviser’s PIP licence hasn’t come through and I would hate to deal with anyone else as he is truly amazing and I trust him implicitly.

In my darkest hour, and there have been many, I googled selling a kidney!! Jesus wept. My home is part of my DNA, my children’s childhood memories and my sanctuary. I will not give it up for the sins of the father, the banks.

I have no idea what the eventual outcome will be but I know if I cave in now I will never get back on the ladder again, so giving up is not an option. Relying on Enda Kenny, bleating to Joe Duffy or waiting for the banks to become human is not going to help me, so it’s all down to me now and I pray that focus, inner strength and determination will get me through.