Sheriff Debt Enforcement Help.

Ad2016

Hi all
I really need some help here as i messed up big time.
I moved out of my home about 10 years ago and my mam got a letter from a sheriffs office , Fergus Gallagher, saying that they will come and take goods and chattels if i dont pay 18k to them in 7 days.

I had a loan with BOI about 10 years ago, even over ten years ago, i genuinely cannot remember. But i must have messed up. About that time i was made redundant from work, had to move apartments to a cheaper place, feel behind on loans and credit cards etc.

I sorted that but i genuinely let this one slip. I never had a loan for 18k, it was about 10k but i assume charges and interest over the course of a decade has heavily increased the bill. but i genuinely cannot remember how much of that loan i paid back so im just speculating here.

My fear is that i dont have 18k. i have like 650 in the bank right now until payday at the end of the month. I think i have about 2k total in assets in the apartment i rent.

Has anyone had to deal with Sheriffs before. I suffer badly with anxiety and this is killing me. I can afford to offer 500 a month to pay this back and that will leave me really tight each month, just enough for food and bills etc. Do Sheriffs accept payment plans, and if you have experience, would this be enough?

My fear is they turn up to my mams house and start taking stuff, but thats not my stuff, its hers. I am on the mortgage with my mam, so technically the house shell itself is mine, but she owns everything in it.

Do i have options here? i am not looking for legal advice at all. this is my fault, i messed up big time. but i didnt ignore letters, the sheriffs letter was the first letter i got. Im assuming they were sending letters to an older address or something, i cannot figure it out. ALso i would have imagined if i was summoned to court, that would have arrived by registered post which would prove i didnt get them as i never signed for anything. thank god my mam opened the letter ( my name was obscured over the address, i assume this is done on purpose) .

I know i messed up, im an idiot and im willing to pay my dues, but are sheriffs reasonable, 500 will leave me very very tight each month but willing to pay off this but this anxiety is killing me and im terrified they wont accept. i have to wait till monday so i thought i could post here for help.

Michah

Book a consultation and get professional legal advice, man. If you're stuck for the fees, look up your nearest citizens information centre and make an appointment.

Good luck.

Ad2016

Thank you, Im going to be calling the sheriff first thing monday when they reopen. i only was made aware of this last night when my mam got home. I was hoping someone who has gone through this could explain how they sorted it. again not looking to get out of paying, if i owe it then i owe it, but 500 a month will take 3 years to clear this, i hope they allow this

drunkmonkey

If your folks guaranteed the loan and you've no funds there liable. Sheriff won't be giving you a 5yr loan with your credit history. Call the bank asap and see will they work out a payment plan with you over the next 5yrs.

Samaris

I'm going to start off by saying that AH may not be the best place to post this. I know it's probably the biggest in terms of footfall, but it's also a catch-all place and while you'll get some people who want to help you, you will almost certainly also get slagging and "bantz" too. There probably is also a finance page somewhere on Boards, although yeah, it's not going to be very well travelled.

Still, that aside, I sympathise with your situation although I can't give any first-hand advice. In your shoes, I guess I'd try to go back to the start, back to BOI and see if they have any records still, if you yourself no longer have any. Sheriffs are also the other obvious starting point, as you've said already. They may or may not be willing to help you or at least enter into discussion.

The Citizen's Information as was posted above is also a good shot.

Good luck.

4ensic15

You should give the sheriff an affidavit to the effect that you have no goods at the house.

Ad2016

This was an unsecured loan. they didnt sign anything at all. surely they cannot make me pay something i dont have. im not trying to hold extra money back or anything. its not 5 years, it will take 3 years. surely i would have imagined a payment plan would be better than trying to repossess goods i genuinely dont own. oh god im getting more panicked

SEPT 23 1989

They can't take what you don't have that's the bottom line no kicking down doors with heavies ring the sherifs office and explain your situation if he wants to visit let him

Try not to worry and dont agree to payments that will leave you with nothing every month

Best of luck

Ad2016

Thank you for the advice guys. and look i know this probably isnt the best place to post this, i know people will have a go at me. and to be honest, i messed up so i deserve it, but i am willing to struggle for 3 years and pay 500. after rent and bills and this, it leaves me about 800 a month to get food clothes petrol electricity and heat.

I would genuinely appreciate anyone helping with advice that may have deal with sheriffs before so i can prepare myself. my poor mother is worried sick they will come and seize the house

4ensic15

The sherrif would need a possession order to seize the house. Very rarely does the sherrif take goods from a domestic house. There is obviously a court order against you. I know people who have been contacted by the sherrif. It is not a big a deal as you might think.

SEPT 23 1989

They have no interest in your mother or her house

Ad2016

there is an execution order against goods is what the letter says. they copied it in their letter to me. but on a seperate page not connected to the order it mentions goods and chattels and doesnt chattels mean house? i am unbelievably panicked, my heart is going mental here.

Why didnt i get a summonse to court and if one was sent somewhere else, surely these things are registered post they wouldnt send one surely by normal post.

Its the waiting, id call him now if the office was bloody open

SEPT 23 1989

Yes your goods if you have anything worth actually reselling

They don't seize houses over an 18k debt

Ad2016

Ok im reading a copy of the execution order and it was originally granted in January 2009.
there is a note on the bottom saying "this execution order is in force for one year only from the date hereof. But there is a stamp below it saying the order was renewed in April 2016. If its only valid for a year from 2009, how can the renew it 7 years later.

Again not looking for legal advice here i know thats not allowed, but something seems odd about this. im not disputing i owe this, i must do, i got into such a mess about a decade ago but something seems off

Bobthefireman

If the house isn't yours, they can't seize it!

SEPT 23 1989

Is there not a six year limit on chasing a debt

Ad2016

Technically the house is mine. i got the mortage with my mam as she couldnt afford it by herself, my dad was very sick.
But i havent lived there in a decade, i have lease agreements proving this and she will have reciepts showing the goods in her house are hers and not mine. I cannot see them trying to sell a house for 18k debt but i have no experience whatsoever with this kind of issue so i dont know. Its unbelievable hard trying to get information online about how to deal with sheriffs and this situation

Bobthefireman

My advice would be to not let them in! (Clearly not good advice).
Post on legal issues?

Sir Osis of Liver.

SEPT 23 1989 wrote: »

They have no interest in your mother or her house

They might not have,but any pics of your mam in the house.
Purely for research purposes.

Ad2016

Sir Osis of Liver. wrote: »

They might not have,but any pics of your mam in the house.
Purely for research purposes.

Ha, didnt think id laugh today, so thanks for that.

I have reposted in legal, dont want to get into trouble for using the wrong board.

VincePP

SEPT 23 1989 wrote: »

Is there not a six year limit on chasing a debt

12 years to enforce a court judgement.

Speedwell

If you are not sure you owe the debt, there is at least a slight chance you do not owe it. In this case, do not say that you owe it, not even to the sheriff. Get legal representation immediately.

If this is the first time you have been contacted about the debt in several years, and you do know you still owe the money, then I would wonder if you are really being contacted by the sheriff, or by a dodgy debt collection agency pretending to be the sheriff. There are several steps a court needs to go through before the collection process goes that far. You should review the following information:

http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/debt_collection.html
http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/court_procedures.html
http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/enforcement_of_judgments.html

AND you should get legal representation as soon as possible. Don't talk to the sheriff until you have first talked to your solicitor.

Ad2016

Speedwell wrote: »

If you are not sure you owe the debt, there is at least a slight chance you do not owe it. In this case, do not say that you owe it, not even to the sheriff. Get legal representation immediately.

If this is the first time you have been contacted about the debt in several years, and you do know you still owe the money, then I would wonder if you are really being contacted by the sheriff, or by a dodgy debt collection agency pretending to be the sheriff. There are several steps a court needs to go through before the collection process goes that far. You should review the following information:

AND you should get legal representation as soon as possible. Don't talk to the sheriff until you have first talked to your solicitor.

Thank you very much for this really detailed response. To be honest i assumed a sheriff would be this big bouncer type guy who could care less and just burst in and take stuff, but from everything i read, they tend to be fairly open to discussions and a lot nicer than people expect. still havent serious anxiety here, cant get a proper breath

Ad2016

Speedwell wrote: »

If you are not sure you owe the debt, there is at least a slight chance you do not owe it. In this case, do not say that you owe it, not even to the sheriff. Get legal representation immediately.

If this is the first time you have been contacted about the debt in several years, and you do know you still owe the money, then I would wonder if you are really being contacted by the sheriff, or by a dodgy debt collection agency pretending to be the sheriff. There are several steps a court needs to go through before the collection process goes that far. You should review the following information:

AND you should get legal representation as soon as possible. Don't talk to the sheriff until you have first talked to your solicitor.

Thank you very much for this really detailed response. To be honest i assumed a sheriff would be this big bouncer type guy who could care less and just burst in and take stuff, but from everything i read, they tend to be fairly open to discussions and a lot nicer than people expect. still having serious anxiety here, cant get a proper breath

Bobthefireman

They are occasionally little old women! Don't answer the door to anyone.

Mr. CooL ICE

Mod:

OP, boards.ie isn't permitted to provide legal advice to posters. However, there has already been some useful info posted already, most notably to seek professional legal help immediately. Seeking professional advice is the only advice we can give.

Good luck and I hope you get this sorted soon.