Will the credit union give someone on the dole a loan?
And even if they do will they give a loan to someone with an income of just €100 per week?
Enforcement Order - on the dole
- Thread starter coolatjc
- Start date
Will the credit union give someone on the dole a loan?
And even if they do will they give a loan to someone with an income of just €100 per week?
As far as I know you have to have a history of saving first.
Perhaps if he started saving even a little in 6 months or a year, in the credit union, the credit union might consider it then. Someone young should take the long term view. They will get a job eventually, its just going to take them a few years to clear that debt.
Perhaps if he started saving even a little in 6 months or a year, in the credit union, the credit union might consider it then. Someone young should take the long term view. They will get a job eventually, its just going to take them a few years to clear that debt.
The banks always take people to court. They waste thousands every year getting judgements and instalment orders against debtors who can't pay. If a debtor tells a bank it can't pay they will ignore that fact and carry on regardless. You only have to go to a sitting of your local District Court and you will be amazed by the cases the banks take against asset less debtors.
If he can't pay then the bank can do nothing to him really. Let it go to court and a judge will decide on what is to be done, in the case you've outlined it is highly unlikely a court order for payment will be made or it could be set at the level of 5 Euro a week.
The bank obviously thinks there is money there somewhere (parents perhaps?) otherwise I don't believe they would be so aggressive as it's pointless. Can you please name the bank, you haven't mentioned anything illegal about them so if you name them others with the same problem with that bank will be able to give you better advice.
Please also get him to make an appointment with MABS and see what they say and to help in reassuring him.
Even if a judge gives an instalment order it would be for a very small amount.
If he has to emigrate it’s not because of the debt or the bank – it would be to get a job if he cannot get one here. If he did so he would be able to repay the debt from abroad.
You seem to be talking in terms of him being unemployed for the rest of his life. You should encourage him not to be thinking this way. This is not healthy for a 20 year old.
He was always going to have to repay the debt. He has no car to show for it, & that is unfortunate & extremely disheartening, but should make him more determined to succeed. Even if he is still unemployed in 5 years his unemployment payment rate would increase.
By that stage he surely would have either enrolled in some sort of further training/education or looked further afield for employment. His financial circumstances are bound to improve at some stage in the future, so you should encourage him to concentrate on that rather than this temporary misfortune.
If his family aren’t in a position to help him out financially with a view to offering a lesser settlement amount, he has little or no chance of borrowing €14k elsewhere, so he really has no other option than to wait & see what action is taken.
If he has to emigrate it’s not because of the debt or the bank – it would be to get a job if he cannot get one here. If he did so he would be able to repay the debt from abroad.
You seem to be talking in terms of him being unemployed for the rest of his life. You should encourage him not to be thinking this way. This is not healthy for a 20 year old.
He was always going to have to repay the debt. He has no car to show for it, & that is unfortunate & extremely disheartening, but should make him more determined to succeed. Even if he is still unemployed in 5 years his unemployment payment rate would increase.
By that stage he surely would have either enrolled in some sort of further training/education or looked further afield for employment. His financial circumstances are bound to improve at some stage in the future, so you should encourage him to concentrate on that rather than this temporary misfortune.
If his family aren’t in a position to help him out financially with a view to offering a lesser settlement amount, he has little or no chance of borrowing €14k elsewhere, so he really has no other option than to wait & see what action is taken.
That is crazy. It might be worth a complaint to the FSO. There is nothing to loose in doing so.
The bank can't make the parents pay. Even if they had millions they are under no moral or legal obligation to pay their child's debts.
See my post earlier about aggressive banks abusing the legal system.
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Pity there wasn't some wise family/friends around to tell him that borrowing €20k for a car when you are earning €30k is crazy.
Absolutely.
I just have another few questions if I may!
In regards to the case, a defence was taken out against the civil bill from the bank. However nothing was ever heard back untill the other day when the enforcement order came through.
He had hoped the whole case may have been dropped by the bank and thought no more of it, but to his horror the bank had been and gone to court behind his back. His defence was registered at the registras office and copies sent to the banks solicitors by himself.
Can he mention this at the enforcement hearing to the judge?, or has it gone too far now?
His defence was based on a few little things he felt were wrong with the banks dealings etc, nothing too major more hopeful than anything else but he thought it may be worth a try.
Should he just except his fate or are their options open to him?
Thanks again!
In regards to the case, a defence was taken out against the civil bill from the bank. However nothing was ever heard back untill the other day when the enforcement order came through.
He had hoped the whole case may have been dropped by the bank and thought no more of it, but to his horror the bank had been and gone to court behind his back. His defence was registered at the registras office and copies sent to the banks solicitors by himself.
Can he mention this at the enforcement hearing to the judge?, or has it gone too far now?
His defence was based on a few little things he felt were wrong with the banks dealings etc, nothing too major more hopeful than anything else but he thought it may be worth a try.
Should he just except his fate or are their options open to him?
Thanks again!
You should ask as many questions as you need to to find out the solutions to the predicament. That is what AAM is for.
Anyone on 100Euro a week being chased by a financial institution is just plain ridiculous and soul destroying.
What do you mean by dropping off a defence? Did the debtor show up at the court case, did they know there was a court case?
James, I missed this. Nothing surprises me about banks.
What is their end game objective in this? Are they going to wait until people are back in employment in say 3 years time or buy an asset in the future, like the UK banks did after the last handing back the keys scenario? Do they want half the country to have doomed credit ratings? Surely if everybody ends up have a black mark on the IIB (can't remember the name of it) report and lending gets going again no one will be able to borrow which is precisely what the banks don't need. They will need borrowers in the future to make profits?
You always give excellent advice on the way the debt collection process works, have you done a key post or could you direct me somewhere I could read up on this so as to be able to give people correct advice.
He put in a defence against the origional civil case, however after doing this he heard nothing untill the enforcement order arrived.
It appears that in his absent a judgment was given in favour to the finance company, there was no mention of his defence.
He had put in a defence whilst awaiting free legal aid, when he did have a meeting with the legal aid team they simply told him he had to return the vehicle (as upto that point no effort was made by the finance company to retrieve the vehicle). On their instructions he contacted the finance company and aranged a pick up date.
He then heard nothing about the case or the defence he had placed until the enforcement order arrived. He contacted legal aid to ask what had happened to his defence but they responded by saying thr solicitor that he had spoken to had since left and there was nobody else available to talk about the case.
He thinks, and I agree that the creditors solicitors and courts most likely contacted his legal aid solicitor who didnt inform him of the court case. Bit of course that is personal opinion and we have no way of knowing.
I have a feeling that no defence was lodged with the court and/or the banks solicitors. That is why they got a judgement in default. If a defence was lodged, the bank would have to at the very least give you notice of seeking a motion for judgement. The case would then be set down for trial in front of a judge.
You can check with the circuit court office and they will tell you if a defence was ever lodged or was there a motion hearing that you missed.
You can check with the circuit court office and they will tell you if a defence was ever lodged or was there a motion hearing that you missed.
Well this is a right mess, he has to go back to legal aid and ask them how they are going to sort it out. That's a dreadful response from legal aid saying they have no one else to deal with it. If they took on the case then they are obliged surely to deal with the case, they can't just leave it in the air and leave him without a defense. Surely that's negligence by the legal aid board. Do they not have rules and regulations and law society standards to keep?
You won't get free legal aid for this sort of case. They cannot represent anyone for debt cases. They may well have offered general advice but the OP is on his own after that.
You can only get free legal aid where you are facing a committal for non compliance with an instalment order.
You can only get free legal aid where you are facing a committal for non compliance with an instalment order.
Not exactly.
For a circuit court case, the debtor would be served with a civil bill. This gives them 10 days to enter an appearance and a further 14 days to enter a defence. There is no court date on the civil bill. If an appearance and defence is entered, the creditors solicitors would then have to file motions of which notice of same would be served on the debtor.
If the debtor does nothing, a default judgement will be entered without a hearing.
For a circuit court case, the debtor would be served with a civil bill. This gives them 10 days to enter an appearance and a further 14 days to enter a defence. There is no court date on the civil bill. If an appearance and defence is entered, the creditors solicitors would then have to file motions of which notice of same would be served on the debtor.
If the debtor does nothing, a default judgement will be entered without a hearing.