# Debt Problems: Letter from the Sheriff's Office



## noel_k (8 Jan 2007)

Met a friend on Friday night who was in shock at having received a letter from the City of Dublin Sheriff's Office to say that he must pay 1800 in debts he owes to Bank of Ireland within 7 days or they will be out to seize property to that value. He had understood he had reached a verbal agreement with BoI on 7000 he owed whereby he was paying 500 euro a month. It transpired he actually had two debts with BoI - one of 7000 for a term loan and one of 1800 for a credit card. He thought it was basically all the one and agreed to pay 500 not realising that he had two seperate debts. Anyhow, they are happy with the 500 they are getting every month but have come after him for the 1800 which he owed on the credit card. 

My questions 
(a) the letter from the Sheriffs Office said something along the lines of "on foot of a court order" - he never got any summons or otherwise to court. Would it not be normal for the defendant to get some summons / notice or otherwise? 
(b) Is there anything that can be done to stop the Sheriff at this stage? Considering he thought he had reached an agreement with BoI but actually hadn't. Of course, he should had put everything in writing and ensured both he and BoI knew what had been agreed but he didn't unfortunately.

Any advice much appreciated.


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## ClubMan (8 Jan 2007)

Is [broken link removed] of any use? Not sure if it's up to date with current practice.


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## noel_k (8 Jan 2007)

Thanks CM - just reading through that. He's desperate, so, I'm just trying to get as much info as possible for him.


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## ClubMan (8 Jan 2007)

Perhaps he should consult with a solicitor? Or (assuming that these are personal and not business debts) try the local  and/or MABS?


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## noel_k (8 Jan 2007)

I think that is probably the best route. I'm out of my depth here I think. Reading the above from the LRC it appears that under the Bankruptcy Act 1988 he can make an application to have certain items exempted from seizure. In particular, "tools or equipment of his trade or occupation". He's a tradesman so most of what he has of any value is his tools and his van. If they are taken, he won't be repaying anybody anything. He had planned on selling his van (worth about 7500) and buying an older one. If he could just reach agreement for a few more weeks he could make a big hole in the €1800.


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