letter from sheriff need advice.

C

christmas

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Hi

As above, the details are that I owe Bank of Ireland 10240 euro for a personal loan which I could not pay after my business collapsed last year,since then I have been unemployed. I wrote to the bank on several occasions offering them what I could afford which was really only a token payment of 20 euro a month because of my situation,the solicitor was very un-sympathethic to my plight and said that this was a totally unacceptable amount to offer ,this was back in August and since then we have heard nothing...untill this morning that is. I got a letter from the cours service, from the sheriffs office of the circuit court. In the letter it states that I must contact the office within 4 days or they will "proceed to levy the said amount together with the courts messenger fees and mileage,and in the event of seizure and sale" and so on and so forth. I have not rung them yet,but I dont know where to turn,I am hoping they dont turn up before Christmas and take the kids toys! I am going to ring them but I just wonder if anyone has any experience in these matters, will they defintley call to me and what will the take etc.

very worried.
 
My heart goes out to you. Ring the office. Explain your circumstances. Ignorance is never bliss in these circumstances. Consult MAABS if you haven't already.
 
I never appeared in court as I knew I owed the debt and there was no point defending so they got the judgement in July/August this year and sent it to the sheriff (county registrar) for execution whom I heard from this morning.
 
I never appeared in court as I knew I owed the debt and there was no point defending so they got the judgement in July/August this year and sent it to the sheriff (county registrar) for execution whom I heard from this morning.

To be honest, this was the worse thing to do. You should have made an appearance and told the Judge you had offered €20 a month. Chances are he/she would have agreed a low payment plan with the bank.
 
I will be totally honest and admit that I buried my head for a while... I did recieve notice of intent to prosecute and it was at this time that I offered the token payment which was flatly refused,but yes you are correct I really should have turned up. What makes it even more frustrating is I actually had a payment protection policy which cost me an extra 45 euro pm in the event of not being able to make the payments,when I went to claim from it I was told I would have to close my business and be totally unemployed for it too be valid. Now of course I was trying to make a go of the business and the last thing I expected was to end up this badly. I was annoyed at the time for not being able to claim so I cancelled the policy....about a year later I eventually had to close down,it was a big regret not to have kept up the payment protection.
 
I never appeared in court as I knew I owed the debt and there was no point defending so they got the judgement in July/August this year and sent it to the sheriff (county registrar) for execution whom I heard from this morning.

That's the issue then.

The judge presumed you could afford to pay, because no one was there to tell him you couldn't.


I really don't see anything to do now except negotiate with the sheriff.
 
Okay,

Just rang them and I have to say they were most understanding. They asked me to forward on a letter and proof of my unemployment situation and also advised me to send a copy of same to the solicitors who got the judgement. I was then told that the court messenger will come out to assess my situation in the new year. When I asked about the seizure of goods I was told that at this time they do not take goods from a domestic house in my area of the country. This is a relief I must say,after the assessment I will be asked to go to the district court for an installment order based on my ability to pay which will be reviewed every six months.
Thank you for all the replies and if there is one thing to be learned from this situation it is to ALWAYS appear in court to at least explain your circumstances.
 
That's great. A better Christmas then without this hanging over you.
 
It is most heartening in these straightened times to hear how the Sheriff in your area is dealing with things. Well done that Sheriff.
 
They won't take stuff from your house anyways. Unless you have a Monet or a Rembrandt hanging on the wall or a big merc parked outside. The sheriff only wants stuff he can sell quickly for high value.
 
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