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Supreme Court may decide family’s fate

Anti eviction protest at Kerdiff Park, Naas.      Photo Tony Keane.

Anti eviction protest at Kerdiff Park, Naas. Photo Tony Keane.

The future of a family threatened with eviction from their Naas home could be decided by the Supreme Court this week.

Houseowner Ian Fitzgibbon has lodged documents with the court, following a High Court hearing, in an effort to prevent ACCBank re-possessing the house at Kerdiff Park, Monread, following a day-long protest outside the detached home last week.

“We don’t know from one minute to the next what’s happening; I’ve brought documents to the court and this will be followed by a hearing this week or next, I’m not sure when,” Mr. Fitzgibbon told the Leader yesterday afternoon.

Mr. Fitzgibbon, his wife Gerardine and their two teenage children faced the prospect of eviction at the hands of the sheriff last Tuesday.

Protestors – some from Dublin and Meath as well as local supporters – gathered outside the house all day on March 25 to protest at the pending arrival of the sheriff and after the family’s plight was publicised on social media websites.

Naas woman Caroline O’Rourke made sandwiches from the boot of her car for the protestors during the day.

Some demonstrators unfurled banners condemning the eviction and criticising the banks while others erected the Irish flag, the Starry Plough, which was originally used by the Irish Citizen Army during the 1916 Rising and posters of Land League leader Charles Stewart Parnell.

The protest was entirely peaceful and nobody arrived to serve to documents to try to effect an eviction or a repossession.

Since then, independent Dail TD Mattie McGrath, who also visited, has written to ACCBank on behalf of the family seeking new negotiations and a halt to any repossession threat.

Mr. Fitzgibbon said an independent valuation placed a market value of €420,000-€425,000 on the property and the debt outstanding to the bank is €300,000, as a result of a re-mortgaging of the property in 2003.

He said he was employed by ACCBank in a managerial role between 2000-2005, and fell into arrears because he was made redundant.

“This (the threatened eviction) should not happen before the Supreme Court case is heard and a ruling is made there. The sheriff is acting on a High Court order,” Mr. Fitzgibbon said.

He alleged the bank had opted to go to court rather than talk with the family.

ACCBank has said little “for reasons of confidentiality.”

A brief statement issued to the Leader added it “cannot comment on the specifics of this case, as the bank does not comment on individual customers.”

 

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