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Why are the Banks allowed to have installment orders from the DOLE?


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Sep 10, 2008
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A good friend of mine has just been hit with a instalment order from the courts.

He had a loan and lost his job last year and found himself unable to repay the origional debt at the agreed repayments.

He made an offer and had this refused.

The bank took him to court, and have been awarded the amount he offered.

However the question I want to know is how can a judge allow any bank to get instalment orders when that person is claiming dole?

Surely the dole is just for survival, clearly its not paid so that you can repay your debts loans etc.

Shouldnt a judge been ordered by the state to only allow instalment payments once the person with the debt has returned to employment?

This is the question this government need to answer, is the dole supposed to help people survive or to assist in repaying loans to banks?

Because if they are going to cut welfare then they must realise they are also preventing people make repayments that have been ordered by a court.
 


absconded

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Is it a hefty loan?
 

Clanrickard

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A good friend of mine has just been hit with a instalment order from the courts.

He had a loan and lost his job last year and found himself unable to repay the origional debt at the agreed repayments.

He made an offer and had this refused.

The bank took him to court, and have been awarded the amount he offered.

However the question I want to know is how can a judge allow any bank to get instalment orders when that person is claiming dole?

Surely the dole is just for survival, clearly its not paid so that you can repay your debts loans etc.

Shouldnt a judge been ordered by the state to only allow instalment payments once the person with the debt has returned to employment?

This is the question this government need to answer, is the dole supposed to help people survive or to assist in repaying loans to banks?

Because if they are going to cut welfare then they must realise they are also preventing people make repayments that have been ordered by a court.
Are you sure? I heard this wasn't the case.
 

Old Mr Grouser

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Will your friend have to actually make payment of these instalments, or will they be deducted at source out of the Dole?

And is this in the Six Counties or the Twenty Six?
 
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Is it a hefty loan?
Are you sure? I heard this wasn't the case.

The debt was for €10,000.

The court sent him a form to fill out on how much his income was and what his outgoings were.

The Bank wanted €200 per month but the court awarded the amount my friend origionally offered which was €50 per month.

He has to set up a direct debit for the monthly amount.

But clearly the judge knew he was in receipt of social welfare and he has no savings etc.
 

Expose the lot of them

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When did this happen? I know of a case of someone who has a personal loan and an unpaid overdraft (25,000) and whose only income is jobseekers and who negotiated a payment of 30 per month with the bank.

Had your friend made the bank aware of his changed circumstances? I am really surprised at them going to court for such a small sum and against an individual who was clearly not in a position to make anything more than nominal payments?

When was the case heard? I am really surprised that the media did not pick up on that one.

As a matter of interest which bank was it?
 
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When did this happen? I know of a case of someone who has a personal loan and an unpaid overdraft (25,000) and whose only income is jobseekers and who negotiated a payment of 30 per month with the bank.

Had your friend made the bank aware of his changed circumstances? I am really surprised at them going to court for such a small sum and against an individual who was clearly not in a position to make anything more than nominal payments?

When was the case heard? I am really surprised that the media did not pick up on that one.

As a matter of interest which bank was it?
The case was heard last year, it was mabs that told him to offer the €50.00 so he did but they refused to accept.

Shocking!

But was it a spin-off from a matter before a Family Court?
He had his case heard in the afternoon if memory serves me right, just after family court.
 
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I forgot this part.

This is the real joke, the court awarded interest at 8% per year! So his debt will never come down but in fact grow!

His payments of €50 per month totals to €600 per year but the interest is €800 per year meaning the debt grows at least €200 per year!
 

Old Mr Grouser

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On reflection I'll take back what I said before. Sorry.

Your friend is now only repaying what he or she had said they could afford, and there is a Court Order to that effect.

Your friend is bound by that Order but so is the bank.

So your friend has the reassurance of knowing that the bank can't do anything out of the blue without a court hearing.
 
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On reflection I'll take back what I said before. Sorry.

Your friend is now only repaying what he or she had said they could afford, and there is a Court Order to that effect.

Your friend is bound by that Order but so is the bank.

So your friend has the reassurance of knowing that the bank can't do anything out of the blue without a court hearing.

Fair enough, but this brings me back to the origional post.

Why are Judges allowing people on receipt of welfare to pay debts?

What is welfare for, survival or also a debt repayment scheme?

Because the judges of Ireland seem to think it is fair to use dole to pay back banks.

So before the government start cutting dole further they should realise that the judges of Ireland use dole to award back to the banks.
 

Baron von Biffo

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Reports like these should be read with a huge degree of scepticism. I used to work with a voluntary group and I know that a bank wouldn't go to the expense of a court case against someone on the dole where reasonable efforts to pay were being made. If the borrower could prove he was making reasonable attempts to pay the court would have given the bank a bit of a tongue lashing.

My guess is that this is someone who stopped paying and ignored all correspondence from the bank until court papers were served.
 
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Reports like these should be read with a huge degree of scepticism. I used to work with a voluntary group and I know that a bank wouldn't go to the expense of a court case against someone on the dole where reasonable efforts to pay were being made. If the borrower could prove he was making reasonable attempts to pay the court would have given the bank a bit of a tongue lashing.

My guess is that this is someone who stopped paying and ignored all correspondence from the bank until court papers were served.
I dont pretend to know all the reasons behind this case.

But im not trying to talk about this individual case, im trying to highlight the point that Judges award payments from the dole to repay bank debts.

Is that what the dole is for? Do we accept that the dole is to be used to repay debts?

Time after time I have seen threads with people claiming the dole should be cut, the dole is just for food, the dole should be replaced with food stamps etc.

But I have just clearly shown how the courts of this land use dole as a form of payment against debt.

The government also know this and need to realise that unless we start to look at our bankruptcy and insolvency laws that cuts to dole will also hamper court order`s in relation to repayments against debts.
 
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What a nightmare for anyone, and of course the first instinct when hit by a demand for money is to bury the head in the sand and hope it will go away. I note from the neighbours that what is called "The Thursday Man" is causing a few concerns. He is a rep from a small loans company, well known. He has taken to meeting clients at the post office, and not on a thursday either, which is apparently going against "the code". Very high interest rates I believe. Wish people could be persuaded from keeping away from these loan sharks.
 

Pauli

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However the question I want to know is how can a judge allow any bank to get instalment orders when that person is claiming dole?
You must remember that many judges owe their position to political patronage. They are "in well" with FF or whoever. That is not to say that all judges are political appointments and I have to say that there are some good judges. But when people talk about the independence of the judiciary, you should bear in mind that that is not absolutely true.
 

FreshStart

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Ok, this is a joke. I'm surprised MABS told him to offer Euro 50.00 per month. That's E25 per week and is exorbitant in the context of his income. Go back to MABS and complain. Get them to renegotiate. That's what they're paid for.

MABS should have negotiated a token payment of about Euro 5.00 per week (at a stretch) until circumstances changed. Sloppy work.
 

Baron von Biffo

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Ok, this is a joke. I'm surprised MABS told him to offer Euro 50.00 per month. That's E25 per week and is exorbitant in the context of his income. Go back to MABS and complain. Get them to renegotiate. That's what they're paid for.

MABS should have negotiated a token payment of about Euro 5.00 per week (at a stretch) until circumstances changed. Sloppy work.
We have 26 months a year now?
 

Sync

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Fair enough, but this brings me back to the origional post.

Why are Judges allowing people on receipt of welfare to pay debts?

.
Because if there's no recourse in the event of someone defaulting on a debt then no one, anywhere would ever give someone on welfare a loan for anything, or would rent them a house. Why would they? So that's every single non-working mother in the country you've just made homeless.
 

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