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Dublin Bank threat-o-grams after 13 years !!


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Hi

 

This Is Urgent

 

Ref: Dublin Bank starts legal proceedings against a former client after 13 years who has lived in England for 13 years

 

Sorry about the length of this letter - I'm writing it for a friend and it's a bit complicated so please stick with me.

 

Any advice and help will be much appreciated.

 

My friend left Dublin, Ireland 13 years ago and hasn't been back since.

 

She's in her late 50s so she's no spring chicken.

 

She left in a hurry ( an abusive partner) and wasn't in a position to do the nice stuff like tell the bank that she was leaving Dublin or where she was going.

 

At the time she didn't know where she was going herself.

 

She had an unsecured bank loan (It wasn't a mortgage) of about €15,000 euro and she'd only had it a few months.

 

At the time when she took out the loan she was in a bit of financial difficulty anyway and the the bank knew that - but they still gave her the loan.

 

She made the first few payments but her ex-partner was hassling her and he forced her to decide to leave Dublin and move to Liverpool.

 

She moved around England for the first few year and such was here state of mind that she forgot about the loan.

 

She eventually got a council place in Liverpool and tried to rebuild her life but she was in and out of work with mental health problems as a result of the abuse.

 

She has been at the same address for 12 years.

 

She is on the Liverpool voting register and could easily be found by anyone looking even though she has a common Irish surname. She got tired of running and figure if her ex-partner was going to kill her so be it.

 

She hadn't kept contact with any of her friends or family in Dublin for fear of being followed by her ex-partner.

 

Then out of the blue she started to get letters from the bank demanding that she start repaying the loan because she hadn't made any payments for a while.

 

It frightened her because suddenly all the stuff that she thought she had left behind 13 years ago was back.

 

She hasn't made any payments or been in any contact with the bank since she left Dublin 13 years ago.

 

My friend doesn't have any property or savings so couldn't make any payments other than a very small payment.

 

She works in a place that pays minimum wage but she has got herself a credit card a few years ago and she now owes a about £950 and a bit.

 

She used to be able to pay her card but she fell ill a few years ago and too out the card to make ends meet.

 

She used to be able to pay off here credit card in full but these days the number of hours and pay that she gets is just enough for her to pay the minimum monthly credit card bill.

 

What is the situation?

 

Can a bank from Dublin, Ireland sue her in Liverpool, England for a loan that is now over 13 years old?

 

The bank said in their letter that they would be starting legal proceedings so that suggests that they haven't done anything during the past 13 years - is there some statue of limitations?

 

What should my friend do?

 

She can't afford a solicitor and is gets frightened easily by forms and people in authority.

 

Should she reply to the bank debt chasing letters?

 

What should she say in the letter if she does reply?

 

The bank mentioned something about the Irish Credit Bureau what is that and how could that affect her in England?

 

Could the Dublin bank get a a CCJ against her in Liverpool, England?

 

Could she be brought back to Dublin to attend any court or bankruptcy proceedings?

 

If they start to bankrupt her in Liverpool or Dublin what would be her situation?

 

The most she could afford to repay would only be a £5 against a €15,000 debt - would this be acceptable.

 

She's thinking of moving from her council home to rent a place from a private landlord because the council have moved in a bunch of druggies next to her but she won't be able to move house if she has a bad credit record if the Dublin bank get a judgement against her?

 

Any suggestions from anyone to help sorting out this mess.

 

She doesn't want to run anymore from her ex-partner or anyone else. She says that she wants to sort her life out what's left of it.

 

Many thanks to you all for reading this and sorry that it's so long.

 

Thank You

 

Patricia12

Edited by Patricia12
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I will try and find someone to help you :)

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BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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if shes paid nowt in 13yrs its statute barred I'm sure

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

having done a few checks on the ROI Citizens information page

 

http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/glossary_of_debt_terms.html

 

There is a six year time limit for the creditor to demand repayment. If no contact has been made then the debt will be Statute Barred.

 

There is one fly in the ointment. If the creditor has taken court action at the last known address, they then have 12 years to enforce the judgement.

 

What has been mentioned in the letters? Any mention of a judgement?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for all your replies so far.

 

I've seen the two letters they've sent her and as far as I can see, they haven't taken any legal action yet in Dublin and are threatening legal action if she doesn't start making payments.

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Well, if they have chosen not to take any action so far then they are stuffed. You could send a letter telling them this and to refrain from any further contact.

 

If anyone comes to your door (unlikely) tell em to do one.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I've said this to her and said that the Bank doesn't appear to have much of a case after 13 years but's kind of "old school" and get's very worked up about these things.

 

She's crying and upset and worried that people will come to her door and neighbours doors (including the next door druggies) making inquiries about her and suggesting that she owes people money.

 

She's a bit older in mindset then her late 50s years.

 

She's practically dying of shame as it is.

 

What kind of letter could she send to the bank?

 

The Dublin bank are looking for a reply and repayment proposals and some money.

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pers I'd be sending nothing.

 

 

the bank don't do doorstepping any how

 

 

these letters are from the bank not a dca aren't they?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

So far they've sent two letters and the bank is saying "they may take action" which suggests to me that they haven't taken any legal action in 13 years against my friend.

 

They haven't said that they've got a judgement against her.

 

So it looks like the debt is time-barred.

 

The problem is the legal situation is in Dublin, Ireland and no-one in the Liverpool area seems to know much about how the Dublin, Irish debt situation seems to work from a time-barred situation.

 

I think it's that uncertainty that's getting to my friend.

 

As I say, she's kind of old-stock and is having a hard time dealing with this.

 

She's worried sick about getting a visit from any debt collectors.

 

I need to get two things sorted for her:

 

1) A definite "Yes" or "No" that the debt time-barred because the Dublin bank hasn't legal actioned the debt in 13 years

and they haven't got any judgement against her.

Furthermore she hasn't been in contact with the Dublin bank or made payments to them during the past 13 years.

 

2) A template letter to send to the Dublin bank on her behalf to tell them to leave her alone because the matter is time-barred.

 

I'm worried about the effect this is having on my friends mental health the doctor has increased her depression / stress medication.

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if they had taken legal action

they would not be sending threat-o-grams

they'd enforce the CCJ.

 

 

obv they haven't

 

 

they are sending out phishing letters to see if they can catch a mug.

 

 

sadly I doubt that ever if you send say the SB letter

that will actually achieve anything

 

 

they'll just sell it on

then its DCa time

 

 

and you'd start the same game again.

 

 

tpe in

irish debt

 

 

in the search of the grey toolbar up top

 

 

there are no reports of this actually happening and going anywhere.

 

 

pers

I'd

however you want to get the message across to her

 

 

iGNORE THEM.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
The Irish Credit Bureau is simply their version of our CRA,s ICO and their data/ Information is held for five years after a credit agreement is closed.

 

Their database will only hold information about debtors if they have had an active loan in the past 5 years

 

http://www.icb.ie/about.php.

 

Their statute of Limitations are the same as England and Wales ...yes its Statute Barred and no she must not respond.

 

 

 

Here you go, hope this helps.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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This is an update as at Monday the 8 September 2014.

 

My friend has been advised by CAB (England), StepChange (England) and MABs (Southern Ireland) to sit tight and ignore the Irish Bank debt chasing letters because after failing to have any contact or payments (AFTER 13 YEARS) the issue is 'time-barred' and 'statute-barred'. Both terms 'time-barred' and 'statute-barred'seem to mean the same thing that because the bank or creditor didn't get a judgement they can't enforce the debt after 12 years.

 

That's all we know for now.

 

If I hear anymore I will let you know.

 

Once again many thanks to all the people above who took the time to write, advise and re-assure my friend. X

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That is good you are now able to reassure your friend :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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12yrs?

so this was a secured sum of money?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 weeks later...

Bad news.

 

My friend had another letter this morning from the Dublin Bank.

 

They hadn't started any legal action in nearly 13 years but have now passed the matter to a firm of Dublin solicitors.

 

They don't have a judgement against her.

 

They didn't start legal action until now probably because they didn't know where she was until now.

 

These three letters during the past 3 weeks are the only contact she has had with them in nearly 13 years.

 

They are looking for €15,000 plus interest.

 

The debt isn't secured (UNSECURED).

 

This is the third letter. They say it's now in the hands of their Dublin solicitors.

 

She hasn't heard from the Dublin solicitors.

 

She hasn't replied to any of them.

 

The Dublin Bank also threatening her with somethings called the Irish Credit Bureau and Stubbs Gazette. What are these companies?

 

She has no money, savings or assets and is receiving mental health treatment.

 

How would any judgement in Dublin that affect her credit rating in England if they get a judgement against her in Dublin with her English address?

 

I told her that all this was finished but the woman is shaking so much at the moment. I can't speak with her.

 

What should she do?

 

What can I do to help her?

 

As always.

 

Many thanks

Edited by Patricia12
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IMHO this is just willy waving.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
They don't seem to be letting it go.

 

because they have gotten greedy and seen the amount they can potentially get if you dont know your rights.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Its called greed and desperation. They cant do anything, and if they try, a SB defence will win.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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