In debt, in court, poor :(

LegacyUser

Due in court morrow (mother signed for registered letter only got it today) under this order.

http://www.courts.ie/rules.nsf/852b47e72459d53280256db700399506/4d2518aae894b13680256d2b0046a04d?OpenDocument

Owe Bank of ireland some money and Mason hayes somfin want blood, was with mabs but was let go from me job and had no money to pay them so went a few months without paying debts. moved out of mothers and got a bunch of letters one of which was a summons to be in court morrow @ 9:30 am.

I have a statement of means which i filled in, i can show what i earn and what i pay out for maintence and kids house mortage but it exceeds what i earn, judge may cop thhat. i ahve a cash in hand job during the evenings but no actuall proof.

Can ring a solictior but tbh couldnt afford to pay him, so anyone any general experience of whhat i should expect?

LegacyUser

sorry i really feel for your situation op and im not sure how to give you advice on this but maybe try and go to to your local citezins advice centre and see if they can give you some advice,i dunno maybe the social welfare office can help in this situation,i dunno sorry if this is no help to you!
good luck and i hope you get i sorted.

leeroybrown

I'm not going to comment on the above situation but I want to point out something for anyone who reads this and thinks they may be heading in the same direction.

It's far better to go into the bank early rather than later as the bank will probably be willing to temporarily defer payments, suspend interest or make some other arrangement for someone with financial trouble rather than go down the extremely expensive and unproductive route of court judgments and enforcements. It's in the bank's interest to come to an arrangement that maximises repayment and minimises cost.

Steyr

If you want a job go try one of the Major supermarket chains, they pay alright, better than cash in hand.

what_car

broke wrote:

Due in court morrow (mother signed for registered letter only got it today) under this order.

http://www.courts.ie/rules.nsf/852b47e72459d53280256db700399506/4d2518aae894b13680256d2b0046a04d?OpenDocument

Owe Bank of ireland some money and Mason hayes somfin want blood, was with mabs but was let go from me job and had no money to pay them so went a few months without paying debts. moved out of mothers and got a bunch of letters one of which was a summons to be in court morrow @ 9:30 am.

I have a statement of means which i filled in, i can show what i earn and what i pay out for maintence and kids house mortage but it exceeds what i earn, judge may cop thhat. i ahve a cash in hand job during the evenings but no actuall proof.

Can ring a solictior but tbh couldnt afford to pay him, so anyone any general experience of whhat i should expect?

sorry bout ur problem, lets us know how you get on......

Beruthiel

broke wrote:

I have a statement of means which i filled in, i can show what i earn and what i pay out for maintence and kids house mortage but it exceeds what i earn, judge may cop thhat. i ahve a cash in hand job during the evenings but no actuall proof.

Perhaps some good could come of this, maybe the judge will point you in the direction of some help. They know you can't get blood from a stone, it maybe the road to sorting yourself out.
best of luck today.

Mighty_Mouse

Sympathies but there's plenty of jobs out there buddy.
Rarely does a bank drag people into court unless they have been completely ignored.

I mean you knew you owed all this money, right? Did you make an appointment with the bank and sit down, explain you situation?

Why borrow more than you could afford to repay in the first place?

Put simply, the situation is of your own making. Up to you to resolve it.

If means you live like a monk for the next year or so, then so be it.

HereForDarts

I was at one of these before in Belfast, so ok, it's a different jurisdiction, but I'm sure the idea is the same.

Basically, they go through your means, and work out how much you can afford to pay each month, and enforce that, by means of having it deducted from your pay by your employer, and your employer forwards it to the court, who in turn passes it on to the creditor. A representative from the creditor may be present at this case too, and may be willing to accept an offer of payment that you belive you can afford.

They have set amounts that the law says you need to live on, and they will make you pay the rest to the creditors. So what is your living circumstances? You say you're not living with your mother. Are you renting, or paying a mortgage for where you live too? I cant see the court looking too favourably on yourself paying for 2 sets of accomodation, and not paying debts. They will see that you only need one roof over your head, one is a necessity, two is a luxury that you cannot afford.

If the judge is satisfied that you are not in a position to pay any money towards the debts, then case will be judged as unenforcable. Which would be a satisfactory enough outcome had you no assets. The fact that you have assets would leave the bank more likely to make you sell the house to pay the debt, or file for your bankruptcy.

I want to stress again, that this may not be the same in ROI as it is in NI, but just thought I'd give you some insight as to what goes on.

Smart Guy

I have some experience in this area but am no expert. Here is how it goes. I presume it is the district court you are in.
The first step to be taken by the bank is for them to prove you owe the money and given that they succeed on this the Judge will give them an order for the amount plus their costs which will increase the debt even more. The second step is an examination order whereby they look at you income v your outgoings to see what you can afford. The next step is an installment order where they agree a repayment schedule on your means. If you break an installment order they can revert to court to get you committed to Jail.

They first think you need to do is go to the money management advice bureau to show that you are trying to sort out your debt problem. If you agree to a repayment schedule ensure that it is realistic and that you can afford it otherwise if you miss a payment you are in trouble. Your income v expenditure will raise questions and you need to be careful here as when you are not paying tax it will give you a dodgy image in the court and an aura of what other income do they not know about.You need a good explanation for this and is there a need to highlight it. Can you afford a solicitor or will you qualify for free legal aid. Also highlight the fact of the notice you received.

Ask for the case to be adjorned until the next sittings to give you time to prepare yourself and reorganise your affairs. One thing on your side is that it appears that the courts do not like financial institutions and that once you are making an effort you will be ok.

Instead of repayment schedules institutions will often settle for a lesser amount and write off the balance. I don,t know your full situation but I wish you luck.

In future don,t bury you head in the sand money problems do not go away

dame

broke wrote:

Due in court morrow (mother signed for registered letter only got it today) under this order.

http://www.courts.ie/rules.nsf/852b47e72459d53280256db700399506/4d2518aae894b13680256d2b0046a04d?OpenDocument

Owe Bank of ireland some money and Mason hayes somfin want blood, was with mabs but was let go from me job and had no money to pay them so went a few months without paying debts. moved out of mothers and got a bunch of letters one of which was a summons to be in court morrow @ 9:30 am.

I have a statement of means which i filled in, i can show what i earn and what i pay out for maintence and kids house mortage but it exceeds what i earn, judge may cop thhat. i ahve a cash in hand job during the evenings but no actuall proof.

Can ring a solictior but tbh couldnt afford to pay him, so anyone any general experience of whhat i should expect?

How did it get so far? Must have been a good few months. There are plenty of minimum wage jobs out there. You might not like them but any job is better than no job and you can always keep looking for another better one. You could have gone into the bank and told them that your new wages are lower than your old ones so would they mind if you took that loan over a longer term and thus would be paying back a smaller amount (that you could afford).

Move back into your mother's until you've paid off your debts. That'll save on rent/mortgage as well as utilities.

What's the cash in hand job? Could you not turn that into a full-time enterprise? Once it's up and running you even make it official and go back to paying taxes like the rest of us.

Another tip; pick up your post more regularly so that you don't miss important post and have more time to prepare yourself if you get a summons or anything else unpleasant.

marie_85

As someone who's worked for a bank in the past, I can tell you your best bet is to go back to MABS. Once you are completely honest with MABS and they can see you're making a genuine effort to get on top of things, they'll appeal to the bank on your behalf. The bank generally will accept their recommendations provided you stick to the repayment schedule that is drawn up.

If you do continue to ignore correspondence and payments, the bank have full authority to register a judgement over your house, basically meaning that you cannot sell it without clearing your debt, plus whatever interest has built up. You do not want to let things get this far.