My Enforcement order was adjourned?

G

Gnash1970

Registered User
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10
Thanks in advance.

Please could someone advise me on court proceedings?

Today I sat with a friend whilst they appeared at District court for an enforcement order against them by a well known Bank.

The Judge called the case and My friend stood up aswell as the banks solicitor.

The Banks Solicitor asked the judge for a adjurnment and the judge agreed and moved on to the next case. My friend was left standing there with nobody asking her a thing!

After the court was dismissed for lunch my friend approached the banks solicitor to ask what had happened. He simply told her that the bank had some further paperwork to sort out and a letter would be sent to her about the next date for court.

I cant believe we just wasted most of the day attending court only for our case to be adjourned without even speaking to her.

Can anyone advice on what has happened, and can we be messed about like this?
 
Had your friend been in touch with the Bank at all? If they had, they would have been alerted to the proposed adjournment.

Did she stand up and ask the Judge what was going on? Judges are less likely to grant adjournments if no notice has been given to the debtor.

Can your friend make any proposals to the Bank to settle? Rather than leave it all up to the Court?

mf
 
mf1 said:
Had your friend been in touch with the Bank at all? If they had, they would have been alerted to the proposed adjournment.

Did she stand up and ask the Judge what was going on? Judges are less likely to grant adjournments if no notice has been given to the debtor.

Can your friend make any proposals to the Bank to settle? Rather than leave it all up to the Court?

mf
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Hi again and thanks for your help.

My friend last spoke to the bank and offered a repayment offer but they replied and said that wasnt acceptable and they would see her in court.

That was 1 month ago and nothing was heard from them since.

Today my friend didnt even have a chance to say anything, the judge simply mentioned the case their solicitor stood up as she did, the solicitor mentioned the case and asked for the adjurnment and the judge simply said ok gave a date and moved onto the next case, the only way my friend could have said anything would have been to interrupt the judge and the next case and she didnt think that would be wise.

My friend is unemployed and this has been mentioned to the bank and the repayment she offered was based on what she disposable income she had left each month. So I cant understand what the bank think they can acheive by adjourning the case for another month!
 
So I cant understand what the bank think they can acheive by adjourning the case for another month!
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An attempt to rack up more costs? Your friend needs to make sure they don't add costs for today. I know in some courts a judge would not entertain such adjournments by banks and would insist on the matter proceeding or the case would be struck out.

All I will say is that some banks are very poor at notifying debtors of adjournments. Often the letter would arrive after the court date, the morning of the court after the debtor has left home to attend or not at all.
 
"So I cant understand what the bank think they can acheive by adjourning the case for another month! "

There are always at least two sides to every story. Here are two versions

1. The debtor has no money, no assets, no future and the Bank are stupid, cruel and heartless in relentlessly pursuing someone.

2. The debtor has lost their job but has the money to repay the debt but could not be bothered - anyway they need the money for a holiday. And why should the bank get anything? Are'nt we bailing them out?

It really does depend on the circumstances. But, yes, the debtor should have stood up and said I am here and I did not know about the adjournment. And it is quite likely that the judge would have insisted that the case go ahead, no excuses, on the next occasion.

mf
 
You should have spoken up. Most judges will not give banks much leeway. Some judges would strike out the application if the bank were not ready and had not informed the debtor beforehand.

If struck out the bank could re-issue later, but time would pass with the chance of doing some deal with them.
 
Yes your friend should have made her presence known.
Judges will always err on the defendants side in cases against the banks if they turn up and make an offer to repay , even in very small instalments.
Next time get your friend to state that she is unemployed and has no disposable means - judge will fix a realistic instalment order , probably €20 a month.
 
Probably not even €20 a month. The local judge refuses to make orders where the person is on social welfare.
 
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