Northern Ireland news

Homeowner loses court battle to stop repossession

A homeowner who claimed to be a victim of fraud has lost a bid to stop a property being repossessed
Staff Reporter

A HOMEOWNER who claimed to be a victim of fraud and corruption has lost a court battle to halt property repossession.

Edward Boyes was seeking to overturn an order made in favour of Ulster Bank over a £600,000 mortgage linked to a house in Moira, Co Antrim.

Mr Boyes argued that possession should be denied because no valid loan agreement was in place.

He also claimed that lawyers, the bank and the Department of Justice or Northern Ireland Office were part of a concerted effort to have him adjudicated bankrupt, the High Court heard on Monday.

According to his case the legal process was being used to cover up fraud and corruption.

But Mrs Justice Keegan said: "These assertions were made without proof and cannot be equated with fact."

Mr Boyes was appealing an earlier failed bid to have a ruling granting possession of his Glenavy Road property struck out.

That order, made back in June 2012, had been suspended pending the final outcome of the legal challenge.

Representing himself in the appeal, he contended that there was no valid legal charge on which it could be based.

During the hearing he made various allegations of fraud and collusion.

He also referred to payments made since obtaining a suspension of the possession order, citing a total sum of £53,760 between 2013 and 2015.

Rejecting the fraud allegations, however, the judge held there was no basis for declaring the bank's claim invalid.

She said: "Rather it appears to me that the appellant's argument has been contrived by him at a time when he could not meet the amount of the repayments due.

"I am also convinced on the basis of the appellant's conduct in these proceedings, that he is intent upon delaying matters."

Backing an earlier decision to deny Mr Boyes' attempt to revoke the repossession, Mrs Justice Keegan confirmed that the bank's application to remove the suspension was properly granted.

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