Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Thread: The hard facts

  1. #1
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    Default The hard facts

    Hi, I came across your forum in my days of searching for hard facts on mortgageicon defaulting in the Republic of Ireland and really hope you can help us.

    We just moved to the States due to my husbands job transfer. We have a house in Ireland, a loan and a maxed out credit card. With all that plus rent over here and living expenses we are drowning. We have been talking to the bank, have requested a payment break (no word back yet) and have asked if we could sell at a loss and make payments on the balance remaining but were told that any remaining balance would have to be paid as a lump sum We do have a renter in place but even with that help toward the mortgageicon payments we just cant keep up. The exchange rate alone is killing us, never mind the regular payments.

    I am trying to find out the hard facts about what the consequences would be of our just handing the keys to the bank and saying "Here you go, its all yours!"

    Its an extreme step but my husbands health is starting to be affected by the stress of it all so something has to be sorted.

    Can any of you either tell me or point me in the direction to go to get the information I need?

    Thanks so much,
    Stars and Moon


  2. #2
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    enoughisenough Informative enoughisenough Informative enoughisenough Informative enoughisenough Informative

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    Default Re: The hard facts

    NEVER think for ONE MOMENT you are free when you HAND BACK the keys. You will be HOUNDED for YEARS.


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    Default Re: The hard facts

    Hi,

    Family experience here, just to reinforce the post from enoughisenough. My parents handed back their keys when the property market last fell through the floor in I think it was the early 1990s (this also co-incided with significant health problems). My father is fairly savvy in these things and has them under control in terms of affordable payments but they are STILL paying the shortfall now!

    I do realise (not in same boat myself with house but unsecured creditors are getting very heavy handed) that the stress involved is such that handing back the keys might appear the best option. My understanding (and this may be corrected) is that the statute of limitationsicon is six years for some debts but for mortgageicon related it might be up to as much as twelve?? (this may have changed, others more wise will let you know I am sure). You can hope they muck it up and do not pursue you within these time frames (we know of someone who was lucky enough for this to happen and it was written off!) but this I think fairly rare (and fortunate!!). If at all possible (and I realise a big if) would seem best to come to some form of arrangement with the mortgageicon company BUT ultimately as I am learning from the good people here health does in fact have to come first!

    Best of luck with it all, hope things work out for you

    MJC 007.5

    Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

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  4. #4
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    Default Re: The hard facts

    Having spent the day searching for more info have to say I have still drawn a blank. Still cant find anything reliable about how long a default lasts till being cleared from your credit.

    Looked into switching to interesticon only payments but at the moment what we are paying is mostly interest anyway so a savings of 20% wouldnt help enough to try for.

    Funny, its not that comforting to know we are in the same boat as so many other people lol


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    Default Re: The hard facts

    Hiya - believe default would be same as CCJ (six years) on credit file. Again offered as helpful amateur, others will correct me if I am wrong! If not moving to interesticon only could you extend the term? Some mortgageicon providers will let you go up to 40 years (as long as you are under retirement age). Long term I realise not ideal but short term might help more?

    Might be worth re-visiting the request to payback the deficit in instalements - if you make them a fairly substantial offer they may accept? Possible alternative request they allow a grace period of accepting just the rent from your tenant and manage the arrears onto the the back end of the mortgageicon (kind of combining extending with the tenants rent).

    Know what you mean about not getting huge comfort from so many folks in the same boat. They are so helpful and supportive here but ultimately the leg work is with us each individually and this can be so very difficult. Hang in there though because as well as excellent advice there are many successful tales - it can certainly be done!!

    MJC 007.5

    Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

    If you think I have helped you please feel free to click on my scales

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    Default Re: The hard facts

    Quote Originally Posted by Stars and Moon View Post
    Having spent the day searching for more info have to say I have still drawn a blank. Still cant find anything reliable about how long a default lasts till being cleared from your credit.

    Looked into switching to interesticon only payments but at the moment what we are paying is mostly interest anyway so a savings of 20% wouldnt help enough to try for.

    Funny, its not that comforting to know we are in the same boat as so many other people lol
    A default effects your credit rating for six years, unfortunately if you hand in the keys this is called voluntary repossession and this can actually last longer.

    Even if it was just the default, you would be liable for any shortfall or the balance of the debt and provided they contacted you for payment then it never expires. Only if there is no contact does the statute of limitationsicon apply.

    Meph


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    Default Re: The hard facts

    Thanks for all your replies, I will keep plugging away with the effort and see where we get to



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