The High Court has dismissed Edward Brennan’s appeal against an order granting Permanent TSB possession of mortgaged property in County Roscommon. Mr Justice McDermott refused to adjourn the appeal and found that the bank had established its entitlement to possession.
The appeal followed a Circuit Court order made on 3 February 2017. The High Court had dismissed an earlier appeal in October 2017 after Brennan left the courtroom. The appeal was later re-entered after Brennan said in an affidavit that he had suffered a panic attack and left the hearing. The judgment delivered on 30 April 2019 concerns the re-entered appeal.
The bank’s possession claim arose from arrears on two mortgage accounts. The judgment records that the loans were drawn down in 2006 and 2008, and that no repayments had been received on either account since August 2012. Brennan argued that the bank had breached the Code of Conduct on Mortgage Arrears (CCMA), miscalculated interest and should wait for a tracker-mortgage review and further account examination.
The judge found that the CCMA’s moratorium requirements had been met. He said the bank had notified Brennan that he was classified as not cooperating, and that the possession proceedings began in August 2014, when he was already two years in arrears. The other alleged CCMA breaches, even if established, would not disqualify the bank from obtaining possession.
The court also rejected the request to delay the case pending a further review by forensic accountants. An interim report obtained for Brennan alleged that an increased margin on Account A led to an overcharge of €3,258. The bank said a figure in the report was a typographical error. The judge accepted that submission and was satisfied, on the balance of probabilities, that the appropriate interest had been charged. He also noted that no affidavit from the forensic accountant had been provided.
On the tracker review, the judgment records the bank’s conclusion that Account A had been switched to a tracker rate in October 2007 and remained on that rate, while Account B had no contractual right to a tracker rate. The judge found no basis for an estoppel preventing the bank from pursuing possession. He also said there was no evidence Brennan had referred the review outcome to the Financial Services and Pensions Ombudsman.
The judge concluded that Brennan had advanced no stateable or bona fide defence in law or fact. He dismissed the appeal, leaving the possession order in place.