A Letter We Are Sending To The National Lottery

Ben Gilroy and People For Economic Justice are about to dispatch the following letter to Dermot Griffin, Chief Executive Officer of The National Lottery. The letter is in regards to their use of KPMG as their advisers/accountants.

Mr Dermot Griffin CEO
National Lottery,
Abbey Street Lower,
Dublin 1.
09 September 2012

Dear Sir,

I would like to make it known to you and your organisation of the absolute disgust that people all over the country portray to us in regards to the National Lottery. The source of this comes from your decision to have KPMG as your advisers/accountants. I am not sure if you know but KPMG are one of the most aggressive receivers in this country. There seems to be no reasoning with them and I have personally attended meetings with their agents to try come to some sort of reasonable solution that may be acceptable to the bank. I have always found them aggressive and not tuned in to the desperation of the person whose business is failing. When I asked one of their agents, at a meeting in KPMG head office, about a duty of care to the business owner, his reply was “I don’t give a toss about my duty of care”. I must say I was disgusted with this attitude. (Audio recording of meeting available). KPMG are moving in on farms and businesses all over the country.

With banking fraud, greed and deception rife, and the eventual forcing of the good people of this State, to bail out the very banks and bankers, who now show no remorse or their agents KPMG showing even less. It galls the Irish people to see them now involved with the Lotto, which is largely recognised as doing good work.

The Samaritans organization has told the papers that help-lines are under pressure with the massive volume of calls. They take one call every five seconds; every 57 seconds someone calls the Samaritans with suicidal feelings. The majority of callers are men in their 30s as the recession deepens. Ireland’s suicide rate now stands at a shocking 600 deaths per year – and experts believe the figure is rising as the country experiences the pain of recession. A well-orchestrated recession I might add.

The National Suicide Research Foundation’s Director Paul Corcoran said: “The findings are not a coincidence. There is clear evidence that the recession has impacted on the rate of suicidal behaviour in Ireland.
I now ask you on behalf of People for Economic Justice to terminate all contact with these vultures who hover over the carcasses of dying businesses that their employers helped to poison and kill, while KPMG seem intent on finishing off the owners.

Awaiting your reply

Ben Gilroy

Update From The National Lottery?

The National Lottery responded on September 20th. Please find the response and our subsequent reply, here.

Ben Gilroy Takes Back The Junction Bar from Receiver

Ben Gilroy and the owner of The Junction Bar in Glounthaune, Co Cork, decided it was time to take back the bar from the receivers who had moved in. In this TV3 report the owner politely informed the manager (in other words, the receiver) that he has been dismissed. The owner of course has the right to do this as the receiver acts as agent for both the owner of the premises, and the bank in question. As the owner or The Junction Bar did not contract the receiver to act as agent for them, the owner has no obligation for the receiver to do so.

Aside from this fact, the receiver has an equitable duty of care to both the bank, and the owner of The Junction Bar, and as they have not performed on this duty of care, the owner has opted to dismiss them. The topic is covered in more details in the video concerning Mr. Gerry Burns. In a true equitable duty of care, the receiver would need to see the tri-party agreement used to create the loan in question. It is a fair assessment to suggest that a receiver who would ask for such things from the bank (which they may not have) would not be called in as a receiver on behalf of the bank in the future. Due to this implied incentive not to ask, receivers tend not to perform as well on their duty of care to the owner of the property, as they might do for the bank that called them in the first place, rather than renegotiating the loan to see that it gets paid without need for litigation.

As ever Ben has advised the owner of The Junction Bar to give the banks nothing until they document and prove the obligation. Given the banks tendency towards securitization, they may find that challenge difficult if not impossible. Due to this, the bank may regret not just renegotiating the loan, and getting their money back more slowly and certainly surely.

Ben Gilroy Halts Receivers

Today we join Ben Gilroy outside the business Stitch ‘n’ Fix owned by Mr. Gerry Burns in Navan. After several requests for meetings and documents from Mr. Burns to the banks were apparently ignored, receivers turned up on the premises, changed the locks, and denied Mr. Burns access to his business. Luckily he decided to contact People For Economic Justice, and Ben Gilroy informed Gerry that the receiver worked as an agent, not only for the bank, but for he, Gerry, as well.

Under Irish law, a person cannot have an agent forced upon them. This is due to the fact that when someone is acting as an agent on half of a person, that person, not the agent, is responsible for everything that agent does. The receiver also has what is called an “equitable duty of care” for both parties. We’ll discuss the specific event after the video.

Ben Gilroy, Gerry Burns, Fergus Lowe and Ms Justice Mary Laffoy

So in this case the receiver refused to detail whether he had or had not seen the tri-party agreement between the bank and Mr. Burns. If the receiver has not seen such a thing, then he has absolutely no basis to act against the debtor, and perhaps more importantly, if the bank does not have this agreement, then Mr. Burns would owe the bank absolutely nothing.

Notice also how the Garda in the video states plainly “this matter appears civil”. This is a basis for many of Ben Gilroy’s meetings with An Garda Siochana. As Gerry (or indeed any debtor) has broken no laws, the Gardai have absolutely no reason to even be present. In this specific case however, Ben Gilroy had shown that the receiver was in fact trespassing. As is almost a theme across the various People For Economic Justice videos, the only laws being broken are done on the part of the bank.

Perhaps the most important point raised in this video is the issue of signed orders. The receiver turned up with a court order, which granted him the power to receive the business. This order was not signed by the judge who issued it, but was in fact signed by the registrar, in black ink. If a court order is not signed in blue ink, but the judge that issued it, it is totally invalid, and grants no power what so ever. On top of this, if the receiver does not have a copy of the mortgage deed, and a copy of the tri-party agreement, then he has not acted on his duty of care, and is illegally trespassing in your business. Do not let them take your business without these three things.

As for the actions of the judge, Ms Justice Mary Laffoy, while in the commercial court itself, we will leave any conclusions on that matter to you the reader.