made the comments on Friday when dismissing a fund’s uncontested application to enter final judgment against a woman for about €944,550, including interest.In his written decision, the Master stressed “any” outcome in the Master’s court “is ‘check’ and not ‘checkmate’” and not final unless a plaintiff so chooses.judgments, “it is going to be more difficult for a vulture fund to get summary judgment, even in an uncontested case”.
That did not mean that a judge who critically examines banks’ affidavits is somehow prejudiced against banks. The converse applied, as failure to do so “suggests a prejudice against debtors”. The relevant loan conditions allowed the lender “charge interest on all unpaid instalments at the prevailing rate applicable to this loan, plus 0.5 per cent per month until payment”, he noted. Feniton apparently decided to bill the defendant with 6 per cent of the entire alleged balance due on the date of its purchase of the Bank of Scotland loan in November 2015, not just on unpaid instalments, he said.
“Vulture fund plaintiffs need not come to court expecting the judge to rubber-stamp the IOUs,” he said. “They may not be worth the paper they’re written on.”
Or who favour Bankers....Seanie Fitz got off light...
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