Key Post Court procedure for debt cases

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Time - any chance of letting me know what to expect at Attendance of Debtor hearing? Very nervous and dont know should I get representation etc?

Any advice greatly appreciated

FYI its a €12K debt to a trade creditor...

JJ
 
Get all you docs together as well as income and outgoings make sure you have everything written down as you will probably forget some of it at the hearing.

What do you expect from the outcome of the hearing. Is your debt with a debt collecting agency or with the lender.

Best of luck
 
Is your debt with a debt collecting agency or with the lender.
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At this stage that will have no bearing on proceedings.

Make sure you have sent copies to both the court and creditor before the case.
 
Time said:
At this stage that will have no bearing on proceedings.

Make sure you have sent copies to both the court and creditor before the case.
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Thanks, I really just want to know what will happen on the day as, to be honest, Im pretty scared about the whole thing? Is there a point to getting representation?
 
If you can afford it by all means do.

Otherwise it is you against the other sides solicitor. If the other side is happy with the statement of means they will ask the judge to make an order. The judge may question you about the statement and made a decision. We will most likely ask if you can afford x euro a week etc. You can then either accept that or tell him you can't and explain why.
 
actually one last thing, can I still offer a monthly/weekly arrangement or am i going to court now no matter what? (i.e. can we agree something prior to the court date at end of Jan to avoid the proceedings?)

Thanks again
 
jj72 said:
actually one last thing, can I still offer a monthly/weekly arrangement or am i going to court now no matter what? (i.e. can we agree something prior to the court date at end of Jan to avoid the proceedings?)

Thanks again
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You should do an income and outgoings the outgling should be the priorities bills such as mortgage any taxes and insurances also utilities monthly bills.

You should keep enough back for daily living expenses such as food and traveling costs as well with contingency money this will be required by the court as well. If you are dealing with a debt collector then I would go to court to get them off your back as these organisations have no morals whatsoever. Also the court will state what you will pay monthly and they will have to keep to ie they cannot change what the court says that you have to pay unless they go back to the court for change of circumstances.

It is no big deal going to court. Do not be intimidated by it.

If you send the budget sheet of your income and outgoings to the loan company or debt collector the judge will see that you have tried to do something about the debt yourself and the company was not willing to cooperate with you and this will be in your favour.

Send everything by recorded delivery to get a signature that you have sent it as they will deny receiving it otherwise.[FONT=&quot]

Best of Luck[/FONT]
 
Thanks Kev - am living within means now and have negotiated payment plans with 2 other creditors.

This is my biggest one and I suggested a voluntary arrangement in May as part of a letter that they asked for to outline my assets and income etc. They did not mention that offer in any further correspondence (but I don't think I sent it registered post).

I've phoned 3 solicitors since previous post, none of whom represent the debtor just the creditor - to be fair they were all helpful that said.

It does intimidate me is the problem

Thanks for advice
 
It can be very hard to find solicitors that will represent debtors. Many solicitors will see it as a conflict of interests as they will mostly be representing banks and other creditors.
 
yeah I can understand that if I was being taken to court by a financial institution, but this is an individual creditor.....

can they still accept a voluntary arrangement now OR am I going to court for sure?
 
jj72 said:
Thanks Kev - am living within means now and have negotiated payment plans with 2 other creditors.

This is my biggest one and I suggested a voluntary arrangement in May as part of a letter that they asked for to outline my assets and income etc. They did not mention that offer in any further correspondence (but I don't think I sent it registered post).

I've phoned 3 solicitors since previous post, none of whom represent the debtor just the creditor - to be fair they were all helpful that said.

It does intimidate me is the problem

Thanks for advice
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You can write again enclosing the budget details that you sent to them in May stating that your financial circumstance has not changed since then and you would like to start repayment to them with any money left over after your essential outgoings. Make sure you keep copies of all correspondences and get receipts of delivery of all your correspondence to them.

Have you got a citizen advice bureau near you or you could phone them and see if they will help you. Also have a word with your TD they should be able to help as well.

Do not be afraid of going to court as it is people friendly unlike some creditors.
 
thanks again Kev and Time

so could they now accept the installment method and stop court date?
 
You must keep in contact with the lender and show that you are willing to make regular payments from your disposable income. They cannot get blood from a stone therefore the court would suggest the amount you should pay and you should put this to them as soon as possible. As mentioned before keep copies of all correspondence to them and receipts of delivery.

Get a letter out to them enclosing the budget and see what happens. You will not know unless you try!
 
is it very difficult to continue in business after appearing as a debtor in Stubb's Gazette. Is one likely to have a credit card withdrawn.
 
Depends on who reads it tbh. If really is for those who have never given credit to someone.
Is one likely to have a credit card withdrawn.
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Only if you fail to make payments.
 
Hi Time, I sent off the put up or shut up letter and got a relatively quick response from one of my debtors. The said they will get the sheriff involved and my name will be printed in stubbs gazett. I'm not too bothered by being printed in the gazette but I'm concerned that my home will be cleared out by the sheriff to clear some of the debt. I don't believe I have anything of great value so what will they take?
 
Simply nothing, unless you happen to own a Ferrari or have a Rembrandt hanging on the wall.

Also they have to take you to court to get the sheriff involved in the first place.

The ball is back in their court, pardon the pun.
 
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