dariuscork
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Please give advice as last night my friend was so distraught that I was genuinely worried for their wellbeing.
A friend of mine has a personal loan for 13 k with B.O.I. but lost their job last year and could not keep up the payments, they have now received a horrible threatning letter from the banks solicitor stating if they dont pay the full amount in 7 days that court proceedings will commence with added legal costs and upon securing judgment wll be published in Stubbs Gazette and will be enforced by the Sheriff!!!
Please give advice as last night my friend was so distraught that I was genuinely worried for their wellbeing.
http://www.askaboutmoney.com/showthread.php?t=143928
Check out the above thread. It sets out the procedure for court cases in relation to personal debt.
The advice reflected in the thread appears to be at odds with frostie's advice. He/she appears to recommend attending court for a judgement. The consensus in the above thread is not to attend court unless you dispute the underlying debt.
As long as when the court date comes up, your friend can show a statement of means, showing what they reasonably afford to repay on a monthly basis, the judge should award an instalment order to that effect. If your friend does not turn up to the court date, the judge may award the full amount. Make sure they turn up to acknowledge the debt and show they are willing to try an make repayments.
He/she appears to recommend attending court for a judgement. The consensus in the above thread is not to attend court unless you dispute the underlying debt.
The reason being is that it hasn't got to that stage yet. If an agreement can be reached regarding the repayment before it goes to court, the creditor may still continue to get the judgement and then the instalment order. It is worthwhile submitting the statement of affairs to the creditor beforehand, and also to the court
It's very foolish not to attend the court - the court can award an instalment order at the same time as they grant the judgement, and they regularly do so, particularly when you don't show up to plead your case. There is also the possibility that the plaintiffs solicitor does not show up (it may be struck out, but can be represented) at which stage you will get an opportunity to accept liability for the debt and put forward your statement of affairs and repayment proposals. It is always in your interest to make an appearance.Shouldn't the individual allow the judgement to be granted and then attend court to formalise the repayment arrangement?
It's very foolish not to attend the court - the court can award an instalment order at the same time as they grant the judgement, and they regularly do so, particularly when you don't show up to plead your case. There is also the possibility that the plaintiffs solicitor does not show up (it may be struck out, but can be represented) at which stage you will get an opportunity to accept liability for the debt and put forward your statement of affairs and repayment proposals. It is always in your interest to make an appearance.
Not true. The court has no absolutely jurisdiction to grant an instalment order at the time of the initial judgement. All it can do is grant a judgement and if the creditor wants an instalment order it can do so by issuing the appropriate summons. The instalment order is to enforce the judgement. In any event the High Court and Circuit Court have no legal powers to grant instalment orders at all. That is the District Courts role solely.
Attending summary judgement hearings where there is no viable defence only seeks to increase costs which is not advisable. If you owe the money send the court and solicitor for the creditor a note saying you consent to judgement. This saves costs.
Not true. The court has no absolutely jurisdiction to grant an instalment order at the time of the initial judgement. All it can do is grant a judgement and if the creditor wants an instalment order it can do so by issuing the appropriate summons. The instalment order is to enforce the judgement. In any event the High Court and Circuit Court have no legal powers to grant instalment orders at all. That is the District Courts role solely.
Attending summary judgement hearings where there is no viable defence only seeks to increase costs which is not advisable. If you owe the money send the court and solicitor for the creditor a note saying you consent to judgement. This saves costs.
Not true. The court has no absolutely jurisdiction to grant an instalment order at the time of the initial judgement. All it can do is grant a judgement and if the creditor wants an instalment order it can do so by issuing the appropriate summons. The instalment order is to enforce the judgement. In any event the High Court and Circuit Court have no legal powers to grant instalment orders at all. That is the District Courts role solely
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