Bank harrassing debtor - Intrum Justitia

Re: Bank harrassing debtor

Moral Ethos said:
Intrum wrote again to my friend today. They will be sending some hired goons around to "talk" about the matter.

As far as they are concerned there is no judgement and they basically don't care. BOI have dumped the matter in their hands and that's all they know or care about it.

Is there anything that can be done?
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Let me come, get their business cards/names and inform them by handing them a prepared letter that you will be attending the local Gardai station seeking action under the following law. Will you just be sure that the instalment order for nil is actually in force.

Non-Fatal Offences Against the Person Act, 1997 Demands for payment of debt causing alarm, etc.
11.—(1) A person who makes any demand for payment of a debt shall be guilty of an offence if—
[GA] ( a ) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation, or
[GA] ( b ) the person falsely represents that criminal proceedings lie for non-payment of the debt, or
[GA] ( c ) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or
[GA] ( d ) the person utters a document falsely represented to have an official character.
[GA] (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500.
 
Re: Bank harrassing debtor

A debt can be sold to a collection agency, which is quite common. The friend is going to find it very difficut to move forward unless he takes measures and makes an effort to repay the Bank. There is an admission that the Bank are owed the money -- where's the problem in making an arrangement even if it is only €20 per week. What happens if PIs have been taking photos of his lifestyle and that it could be shown that he was living comfortably.
 
Re: Bank harrassing debtor

You should read the thread fully.

He is under no obligation to pay them whilst he has a court order against them. And I seriously doubt PIs are involved. If they have such evidence they should be going back to court to have the order varied.
 
Re: Bank harrassing debtor

I am not disputing that for one moment. However if the person concerned wishes to move anyway forward financially,whether it be for a Credit Card, Car Loan, Mortgage etc., in my opinion he would be better meeting with them face to face to try and resolve the situation. A judgement against a person is punative and leaving matters to late to deal with will make the original amount with interest far in excess than one could imagine. The debt collectors that have the matter now are well versed (UK based company) with these kind of things.
 
Re: Bank harrassing debtor

The thing is that UK debt collectors are often very ignorant of Irish Laws. What may fly in the UK eg doorstepping and other forms of harassment etc will not fly here.

The judgement will expire in 12 years from the judgement. After that date the bank will be unable to collect or enforce the debt. Now that will outrage the moral majority but that is the law. The OP's friend has used the legal system to obtain relief from his creditors which seems to have disgusted certain posters.

What is the point of telling him to make arrangements to pay when he can't and a judge has agreed with the situation?
 
Re: Bank harrassing debtor

Thanks folks.

Yes the order is still at nil and is still in force. I have talked further with my friend and told him to call the Gardaí if anyone shows to to break his legs. He is seriously ill at the moment and is in no way living it up. He cannot make any arangement with these people as he is living on welfare. It is unlikely he will be able to look for work for at least a year.
 
Re: Bank harrassing debtor

I am sorry to hear that Moral. I hope is feeling better soon. Tell him not to worry.
An after thought, if the BOI got a judgement they cannot sell it to anyone else without the permission of a judge.
 
Re: Bank harrassing debtor

bond-007 said:
The thing is that UK debt collectors are often very ignorant of Irish Laws. What may fly in the UK eg doorstepping and other forms of harassment etc will not fly here.

The judgement will expire in 12 years from the judgement. After that date the bank will be unable to collect or enforce the debt. Now that will outrage the moral majority but that is the law. The OP's friend has used the legal system to obtain relief from his creditors which seems to have disgusted certain posters.

What is the point of telling him to make arrangements to pay when he can't and a judge has agreed with the situation?
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I think what may not be common knowledge is that the instalment order does not in any way freeze the debt or deny a creditor an opportunity to enforce the debt in another way, simultanaeously. Instalment Orders are only one arm of the potential recovery processes available to Creditors. So you have, in addition to instalment orders, registration, registration as a judgment mortgage ( if there is property that can be attached), bankruptcy etc.,etc. These are all in addition to the instalment order process.

In no way do I condone heavy handed debt collection procedures - however, I know of cases where debtors have ignored debts while being in a position to finance their repayment in other ways - loans from friends and relatives for example.

The nil instalment order is not the end of it.

mf
 
Re: Bank harrassing debtor

bond-007 said:
An after thought, if the BOI got a judgement they cannot sell it to anyone else without the permission of a judge.
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I don't think that is true. I think a judgment is assignable.

mf
 
Re: Bank harrassing debtor

Would the debtor need to be told that the judgement has been assigned?
 
Re: Bank harrassing debtor

There are many aencies operating in this country at present which have purchased books of debts from Credit Card cos, Banks, Retailers, Car Finance Cos etc.etc. And yes they are busy and they do collect debts. If a person is ill and can show it, this would be taken on board for due consideration.
 
Re: Bank harrassing debtor

If a person is ill and can show it, this would be taken on board for due consideration.
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So a court ruling in favour of a debtor is no good now? So basically you think it ok for a company to ignore a court order directing a debtor to pay nothing.
 
Re: Bank harrassing debtor

ClubMan said:
Instrum presumably means Instrum Justitia Ireland? Where did "UK debt collectors" come from?
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Instrum are a respectable company so all this talk of 'goons' and 'breaking legs' is a little misleading. To be fair, BOI are hardly going to be passing the debt onto the Provos. I did see a debt collectors card once though and it had 'Security, Debt-Collection and Attitude Adjustment' as the services provided!
 
Re: Bank harrassing debtor

Clubman - they are a large debt collection agency in the UK and have an Irish offshoot now.
 
Re: Bank harrassing debtor

mercman said:
Clubman - they are a large debt collection agency in the UK and have an Irish offshoot now.
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Who are presumably well versed in Irish law as it applies to their area of expertise?
 
Re: Bank harrassing debtor

In general UK debt collectors operating in Ireland can be surprisingly not that well up on Irish laws. Those using UK based operatives tend to be the worst for this.
 
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