How can you protect yourself before your DSA is in place?

K

Kerrigan

Registered User
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Hi guys,

We got a friend into the hands of a PIP who is going to run them through the DSA process. Currently one of the debts is in the hands of the County Sheriff. We asked the PIP what could be done to protect "friend" from Sheriff between now and when the DSA is in place.

We didn't get a definitive answer but where told to pay what we could to the sheriff but do not tell them we are in the process of applying for a DSA.

What are your thoughts on this please?
 
get PIP to apply to the Circuit Court for a protective Cert. He should know this is the process!!!
 
This case seems to be the same case that the original poster has sought advice elsewhere on this forum recently.

In the other postings, it appears that the Revenue had instructed the Revenue Sheriff to collect the debts. In this posting it seems that the "County Sheriff" has been appointed. In order to provide proper guidance, it would be useful to know exactly which "Sheriff" has been appointed. At present, Ireland has 3 different types of "Sheriffs", and they can adopt different approaches.:
  • 12 Revenue Sheriffs, who collect monies on behalf of the Revenue.
  • Dublin and Cork Sheriffs (who are private sector)
  • County Registrars for the remaining counties.
If the creditor is the Revenue I am puzzled by the PIP's reluctance to establish contact with the Revenue. In order for the PIP to obtain the protective certificate he needs to prepare an accurate Prescribed Financial Statement. In order to do this he ideally needs to contact the Revenue directly. The PIP also needs to contact the Revenue to ask them to allow their "Excludable" debt to be included in the DSA etc.

If the debtor has no assets to seize (which appears to be the case from previous postings), then I would advise the debtor to instruct his PIP to send a letter to the sheriff stating that the PIP is in the process of applying for a protective certificate. The "sheriff" is likely to close his file upon receipt of such a letter.


Jim Stafford
 
Yes Jim this is the same case. I would like to thank you for your invaluable information on that thread. Having thought more about it we decided that he should try for a PIA or DSA and in lieu contacted a PIP that is regarded as one of the best in their field. Debtor was made feel comfortable and came away thinking clearly - in fact we all did; light at the end of a dark tunnel etc. They even advised him to go for a PIA so they would be able to make his mortgage more affordable. Last night when I looked at replies on this thread I nearly fell off my seat having read 44Brendan's reply (no offence Brendan!). We were not aware a protective certificate could or should be obtained; this was never mentioned. You really learn something new on here every day.

The PIP's practice was contacted this morning and asked about the protection certificate etc. and we were informed that it was not the PIP who interviewed him yesterday but a debt advisor who passes on the information onto the in-house PIP and the PIP can then make a decision on what to do next.

Said PIP has been brandished with all up to date debts owing i.e. mortgage, investment property and unsecured liability. I understand they will be required to write to the creditors asking them for up to date figures.

"Sheriff" is still being paid simply out of fear which is crazy as the individual has ceased trading in fear of being seen to be recklessly trading and is currently seeking employment.

There are two properties involved; one residential and the other investment. Both are in negative equity but fully paid each month. Jim, I presume neither are seize-able?

The business never had equipment or stock etc.
 
A brief update on this thread:

Debtor became unemployed when he closed business. He has managed to find work as a PAYE/PRSI worker. Job begins in one months time. PIP advised that they cannot call a creditor meeting, apply for protection order etc. until he is working. Currently exhausting the PIA avenues. The PIP wrote to both Sheriff and Revenue informing them of what was in process. Well would you believe neither response was very positive.

Revenue response: Deal with Sheriff and we will deal with with PIA when it is motion.
Sheriff: Keep paying.

You simply could not make this up.
 
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