16 February 2024

~2 minutes read

Financial fund denies “in strongest possible terms” High Court claims over Knocknacarra home

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Financial fund denies “in strongest possible terms” High Court claims over Knocknacarra home

A financial fund and a receiver have denied “in the strongest possible terms” claims relating to a home in Knocknacarra.

Lucy Ewins had claimed in the High Court they acted unlawfully in their attempts to repossess and sell what she claims is her home.

She claims that agents of Promontoria Scariff Designated Activity Company, and receiver David O’Connor, are attempting to sell her home at ‘The Rise’, in Knocknacarra.

She denies claims that the house is an investment property, or that she resides at an address in Dublin.

The mortgage on the property was acquired by Promontoria in 2018.

It’s alleged agents changed locks in the 4 bedroom house, are trying to market the property for auction, and that on one occasion an agent refused to leave her home, and slept overnight in the sitting room.

It’s also alleged that agents entered the property while Ms. Ewins was away on holiday late last month, and identified themselves as plain clothes Gardaí to her family members.

In his sworn statement, her brother claimed they acted aggressively, demanded to inspect all rooms, threatened to break down a door, and caused distress to children in the house.

When the matter returned before the court, legal counsel for the defendants sought an adjournment so they could fully reply to the “serious allegations” made against them.

Counsel said his clients deny all allegations of wrongdoing made against them by the plaintiff in “the “strongest possible terms”.

It was added that given the nature of the plaintiffs allegations, his clients are also anxious to have the matter heard “as soon as possible”.

In the meantime counsel said his clients were prepared to give undertakings not to sell the property, nor attend at the property until the case returns before the court.

The matter was adjourned for two weeks.

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