Instalment Orders

I

Ichabod

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I am paying a District Court Installment Order since 21/08/2013. The original Court Judgement Order was made on 15/02/2012. On the 23/07/2012, the Order was registered as a Judgement Mortgage.
I am aware that the Installment Order ( including possible variations ) terminates after 12 years. I thought that this was effective from the date of the Installment Order. But it appears that the
( infamous ) clock starts ticking from the date of the actual Judgement Order i.e. 15/02/2012.

District Court Rules
Order: 51A
Enforcement of judgments and orders : S.I. No. 17 of 2014

2 — ENFORCEMENT UNDER THE ENFORCEMENT OF COURT ORDERS ACTS 1926 TO 2009

6 (2) An instalment order continues in force until the expiration of 12 years from the date of the judgment to which it relates, unless the debt and costs payable have been duly paid in full.

This seems pretty clear. Given the 12 year period this also means that no further action can be initiated as any such action would be statute barred ( I think ), irrespective of the balance still due.
What is not clear is what happens to the remaining debt on the demise of the debtor before the 12 year period expires. I recall reading at some stage that the debt also dies with the debtor but I'm damned if I can find the source. Or does it then lie with the estate of the deceased ? ( Otherwise known as " The Missus " ).

Another issue on which I can find no information is if a creditor can move on the Judgement Mortgage i.e. try to force the sale of the property if the Installment Order is being honoured ? A forced sale is unlikely to be pursued for relatively small sums of debt and , for that matter, would be unlikely to be granted by the courts as an existing court order is being honoured.
Simply as a matter of curiosity, it would be interesting to know if this could be done by a creditor legally.
 
Time to grow up, you are an adult, whilst this forum can be helpful to so many people I doubt any focus of like minded posters is to assist deluded persons such as yourself, grow up, accept responsibility and deal with your financial issues, actually it is way past time for you to accept responsibility, clearly you can structure an argument, your post is well put together, that suggests you are educated, no excuse for you. Past time to be mature.
 
I have found it difficult to obtain a 100% definitive view from experienced solicitors on this issue. The consensus view is that Creditors have 12 years to enforce their debts from date of judgment, after which the creditor is unable to enforce. One leading solicitor suggested that a particular client should obtain Counsel's opinion on the matter.

If the debtor passes away within the 12 year period, then the debt remains as a creditor of the estate.

Jim Stafford
 
Palerider I think that's way harsh. The poster is clearly in financial difficulty and is entitled to ask how he can resolve this including not paying. Otherwise why would we have pips/the insolvency service/debt write down/bankruptcy.
 
The poster has only shown a desire to explore all avenues open to evade any payment.He has made multiple posts but has never once shed any light on his financial plight.
 
@Bronte. Thank you for your support. While having no desire to explain in detail why I have chosen to pursue a certain strategy, I suppose some broad explanation is called for. Back in March 2011, I was paying all creditors via a money management service despite having lost my business, being unemployed with no social benefits as a result of being self-employed and no prospects of employment particularly given my age. My sole income was an occupational pension which meant I did not qualify for any of the means tested supports. In March of 2011, I was diagnosed with severe depression. Additionally, my physical health was not good and I ended up with cardiac disease. As I recovered, I made a strategic decision to stop paying all creditors and let matters take their legal course. The relief I felt in making this decision was tremendous.
I was fully aware that this strategy might work against me in some instances , my main aim was to reach the stage of installment orders not to avoid payment entirely.
However, as I have progressed this journey, I have come to realise that many of these finance agencies and their legal representatives like to play games with people, all perfectly " legal ", of course. The law is weighted in favour of the creditor. Why should a debtor not take advantage of what little legalities favour them ?
Your point re : PIPS/ Insolvency, etc., is bang on the button. I can only assume from Palerider's responses to me that he does not agree with these mechanisms as success in these procedures means that many people walk away with at least significant write downs of debt when they should really grow up, be responsible and pay what they owe in full. And bugger the consequences.
I am simply using the law to my advantage which is what the other side does. In fact, I am doing exactly what many are advised to do on this forum. Let no one expect me to have any qualms about my actions, not when you consider the behaviour of the finance agencies and banks through the years, from the offshore account scandal to the treatment of mortgage holders on tracker mortgages and all points in between.
One final point. Most of my issues concern MBNA, Bank of Scotland/Halifax, foreign institutions which rapidly exited this country when the going got tough, leaving their customers high and dry and who sold off their Irish loan books, performing and non-performing to the highest bidders. Neither of these companies received bail outs from the Irish State. Should I or anyone else care about these or the vultures picking over the bones for massive profit ? All legal, of course.
I note that Palerider is now " following " me on this forum. I wonder why he/she would do this given that he has made it clear he has nothing but contempt for me and my views. Or maybe I do not need to wonder at all.
Thanks to Jim Stafford also for his response.
 
Not following you, no interest but I was curious if you had been online since initial posting, if that meant I was following you let me assure you it was accidental as your outlook and mine are clearly at opposite sides, expanding your point does provide good clarity, I come from a place where I pay all debts regardless, that meant taking a second job for nearly six years, of course each to their own I just don't agree with your outlook.
 
I was somehow flagged that you were following me. Not to worry. Your way of dealing with your finances is your business. However your immediate response to my queries was to attack, abuse and ridicule simply because I did not fit in with your view. You really must learn to disagree in a more temperate manner.
 
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