hi all, looking for some help/advice as to what this letter means and what i should do next as i don't understand all of this legal talk.
a bit of backround
bank loan with boi of 16k....was paying back ok..lost job...husband lost job...couldnt pay loan so it went to their solicitor, lavelle coleman solicitors. At the time I was so nervous about this that i agreed to paying 100 euro a week to the solicitors account as i didnt want to be taken to court etc. They also obtained judgment against me, which has now run out, it was for 2 years.
around a year and half ago i asked to reduce payments as we just could not manage paying them 100 a week (bear in mind we also have a mortgage with mounting arrears and other debts)
dh got work p/t...so is on p/t jobseekers also. I dont work as we have 2 kids and would not be worth me getting a job as childcare costs more than what i would earn. we were getting help with mortgage payment. i filled out a means sheet for lavelle coleman and sent it back stating that i could not meet 100 euro a week and they said i would have to make at least 75euro a week payment to them or they would commence with court proceedings. Again nervous about being taken to court we struggled on with this payment.
fast forward to august last and ptsb were threatning repossesion etc, had meeting with them and they basically said we had to meet x amount per month towards mortgage to stop repossesion.
So i stopped paying lavelle coleman altogether as we needed this 75 euro towards the mortgage. I never wrote to lavelle to say i couldnt afford it, i basically just ignored any contact from them, which was 2 letters from them, 1 being a statement of means, the other a letter stating that they had not recieved payment since x date and that i was to bring it up to date. bad on my behalf i know.
fast forward to this week where our help with mortgage payment has stopped. and in the same week i have gotten a letter from lavelle coleman.
they have recieved their clients instruction to commence Examination proceedings. it then explains that this means i would have to go to court and provide a statement of means , to which a judge will make a decision on how much i should pay a month. failure to comply with an instalment order of the court may result in commital order leading to your arrest and imprisonment.
but first they will let me get back to them with a statement of means to forward to their client for their consideration and revert to me with the outcome.
the amount due is €6120
so what should i do? i can probably stretch to €100 per month but lavelle coleman lay the pressure on really heavy and i know that they just will not agree to this? i have never been to court and i get nervous and upset when all these letters and court threats come in the post. my husband tells me to relax but i cant, im a worrier. sorry for the long post.
a bit of backround
bank loan with boi of 16k....was paying back ok..lost job...husband lost job...couldnt pay loan so it went to their solicitor, lavelle coleman solicitors. At the time I was so nervous about this that i agreed to paying 100 euro a week to the solicitors account as i didnt want to be taken to court etc. They also obtained judgment against me, which has now run out, it was for 2 years.
around a year and half ago i asked to reduce payments as we just could not manage paying them 100 a week (bear in mind we also have a mortgage with mounting arrears and other debts)
dh got work p/t...so is on p/t jobseekers also. I dont work as we have 2 kids and would not be worth me getting a job as childcare costs more than what i would earn. we were getting help with mortgage payment. i filled out a means sheet for lavelle coleman and sent it back stating that i could not meet 100 euro a week and they said i would have to make at least 75euro a week payment to them or they would commence with court proceedings. Again nervous about being taken to court we struggled on with this payment.
fast forward to august last and ptsb were threatning repossesion etc, had meeting with them and they basically said we had to meet x amount per month towards mortgage to stop repossesion.
So i stopped paying lavelle coleman altogether as we needed this 75 euro towards the mortgage. I never wrote to lavelle to say i couldnt afford it, i basically just ignored any contact from them, which was 2 letters from them, 1 being a statement of means, the other a letter stating that they had not recieved payment since x date and that i was to bring it up to date. bad on my behalf i know.
fast forward to this week where our help with mortgage payment has stopped. and in the same week i have gotten a letter from lavelle coleman.
they have recieved their clients instruction to commence Examination proceedings. it then explains that this means i would have to go to court and provide a statement of means , to which a judge will make a decision on how much i should pay a month. failure to comply with an instalment order of the court may result in commital order leading to your arrest and imprisonment.
but first they will let me get back to them with a statement of means to forward to their client for their consideration and revert to me with the outcome.
the amount due is €6120
so what should i do? i can probably stretch to €100 per month but lavelle coleman lay the pressure on really heavy and i know that they just will not agree to this? i have never been to court and i get nervous and upset when all these letters and court threats come in the post. my husband tells me to relax but i cant, im a worrier. sorry for the long post.