Mortgage debt reprieve Herald.ie

THOUSANDS of homeowners got a welcome reprieve this morning after the country's 10 biggest mortgage lenders promised to give homeowners more time to tackle arrears before taking legal action.

The pledge came as it emerged that 1,000 mortgage holders a month are turning to the Government to help pay their mortgages.

The Irish Banking Federation has now said customers who cannot maintain mortgage repayments will be offered arrangements on a six month basis, with no legal threat during this time.

Under the code of conduct, lenders must wait six months from the time the arrears first arise before beginning legal action for repossession.

In the case of the two recapitalised banks, AIB and the Bank of Ireland, the moratorium is for 12 months.

Meanwhile, the Government expects to spend €60m this year helping homeowners to pay their mortgages -- double the amount spent last year.

About 400 households are now getting an average of €367.40 every four weeks from the State to help them cover part of their repayments.

Array

Lisa Fletcher, legal advice, debt, Michael Jackson, Katherine Jackson, inheritance, million, this is it

Where can I get free legal advice regarding credit card debt?

I'm searching for a web site or phone number to get free legal advice for credit card debt. I need a place that will give me an immediate answer. Thanks for your help.


In most areas, attorneys will give you a free consultation. As this is a credit card debt, you may want to look for someone who does collection work for companies, as they are more experienced in debt law. A lot of "general practice" lawyers have not impressed me on their knowledge.

Legal advice needed regarding debt responsibility in a business?

I have been for all purposes pushed out of my business by my landlord, who didn't renew my lease, after 5 years. He now operates my business (a restaurant), and has never paid me for any good-will.
My question is, I had open bills from creditors who are looking for me to pay. My position is, since my former landlord is running the business (a different legal name, I think, but he is DBA the restaurants name) he should be responsible for carrying the open debt.
Where do I stand legally to challange the bill collectors, if possible?


This question screams for a lawyer.

If both businesses are sole proprietorships, you could make the case that you had sold the business to him to make good your rental debts. Technically, in a transaction like this, the buyer of a company takes on both the assets AND the liabilities... Unfortuantely this sounds like a sales contract was not drawn up.

I suggest, since you're obviously not rich, that you at least seek some pro bono guidance from a legal clinic. Good luck.


Now that is an interesting situation. Why have you not contacted an attorney? How can someone step into a DBA that you own?
On the other hand, you probably personally guaranteed your credit when you applied, and that follows you. This could get tricky if credit is still being supplied to the restaurant DBA under your credit agreement. Time for an attorney consult.

Vodafone debt and legal advice?

Hi,
I have a serious problem with VDK recently. I signed a contract which is going to be transfered ownership after 28 days to my friend (Phone4U told me). Since the first day the phone can be used, my friend has been used it not me! My friend did not know anything about the data transfer and web browsing problem and he used to watch youtube using the mobile phone. Vodafone blocked the phone because they said 2000MB has been excceeded and 4000Pounds are in debt.

I want to ask in this problem, as I am a student, and want to ask if it is possible for me to do anything that could tell Vodafone to deal with this debt with my friend not me

Vodafone said they can't because regulation but I know, come on, I am not using the phone, and just gave my friend a hand for a phone, why not? My friend also told them he is happy to accept this debt and Vodafone can deal with him.

Is there any legal way to achieve?


No you will be unable to "transfer" that debt into his /her name. Your name is on the contract and they will go to your for payment of this debt. By law, no matter who used the phone the contract signer is responsible for the debt.
good luck


If the original phone contract was in your name than you are responsible for the debt even if your friend was using it. If your freind is happy to take the debt , just tell him to send the money to them so its paid off. Make sure your freind gets a receipt or confirmation number when its paid .. Good luck!

I need legal advice with an old debt (17 years)?

I have a debt from the D W P that i know i have paid off but no longer have the receipts as proof as it is so long ago. It is for a small amount (under £100) and they are threatening to take me to court over.They first contacted me 5 years ago and i argued my case and didn't hear any thing else till a few months ago.Can any one tell me if they can still chase me for the money after so long as it has been 17 years since i got the loan


The Limitation Act 1980, which applies in England and Wales, sets out time limits for bringing various kinds of legal action. These are known as limitation periods. The limitation period for debts, i.e. the point at which they become statute barred, is 6 years from when the debtor defaulted or later acknowledged the debt.

This is important because there must be six clear years between the debt being incurred and the demand for payment.

Otherwise, if the DWP continue to make make spurious noises about court action then you can be equally insistent about your costs, possibly wasted costs; in seeking to defend an application that is statute barred.


I too received a letter from them saying that i owe them for overpayment of 1,250.00 From 2004. I havent claim benefits for the last 10yrs so i dont know where they get this from. They must be just sending letters out randomly to recover money that is paid out to fraudulent claimers. After 17yr i would have thought that it wouldnt be still standing now anyhow. Get in touch with your local CAB and see what they have to say.Good luck x


I recently got this credit info: websites address while researching a legal issue that is pending(probating a will) where the question on past debts will be or might be an issue. Hopefully it will help you as well! It's http:// www.creditinfo.center.com/rebuilt/statueLimitations.shtml


It is way past the statute of limitations. Check with a lawyer but this would be your defense if they did sue. It would cost them far more to sue you than the actual debt so I think they're just trying it on.


my boyfriend has a few debt problems...and he seems to be under the impression that they can't chase you if the debt is over 5 years old. im not sure if im right.....but im pretty sure there is a time limit on it.

if the worst comes to wost, change your phone number and return all mail regarding it to sender lol!


I do know that the Inland Revenue cannot claim for tax owing after 6 years.


Let them take you to court. In this case I think the law wont be an ASS. and GOOD LUCK


if the debt is over 6 years old and you have NOT been contacted about it in the last 6 years you are not legally obliged to pay it, if you are still in doubt contact your local citizens advice bureau free of charge

Help! I was given incorrect legal advice and basically I really messed up. I have a debt that I believed past?

the statute of limitations (7 years in ny) so I asked them please not to contact me any more. The debt, along with interest would of been around 4,000. Today I went to check the activity on my checking account and I see a negitive balance for 10,000! I contacted my bank and they said it was a hold from a law office, apparently the same one that contacted me! Im freaking out, I want to resolve this and satisfy the debt, I am contacting them monday since they aren't in today, do you think they will make an arrangement with me and lift that hold for 10,000??? Please help, I need all the advice I can get!!


The Statute of Limitations in New York is 6 years, not 7.

Because the SOL expires does not mean they can't sue you. But when you show up in court, if you inform the judge the SOL has expired (affirmative defense) the judge will immediately dismiss the judgement.

So what has happened is the creditor file a lawsuit and did not make a dilligent effort to locate you and inform you of the court date. You didn't show, so they granted a default judgement.

What you need to do is go back to court and file for a dismissal based on the SOL being expired. Since this is for several thousand dollars you may want to hire an attorney rather then risk messing up the paperwork. Also, if you can find a decent attorney, you can probably file for damages. If the "cease and desist" letter you sent contains language that the debt was over the SOL, then their collection attempts were illegal. You could get damages, plus civil damages for FDCA violations.


If you need legal advice, then you really need to contact an attorney in your state. If you can't afford one, there are a few free providers that may be able to assist you.


your bank did this without contacting you?
did the bank receive a court order? if yes, have them fax you a copy.
if no they have no grounds to issue a hold on your account.
in any case, call a qualified lawyer.
this sounds like one of those cases that might be taken on contingency.


The SOL statutes Studly gave are correct.

A few of questions --

Is this concerning the the lawyer that had contacted you only days ago and was threatening legal action?

When you sent the letter to the lawyer was it actually a "SOL" letter or was it only a cease and desist letter?

Did you send the SOL letter certified mail return receipt. If so, did they sign for it "before" they froze your bank account?

If it was a SOL letter (and not just a C&D), if it was for the debt they were using threats of legal action on (no current judgment for that debt) and they had received your letter before freezing your bank account -- then freezing your bank account would probably be considered an illegal action and they shouldn't be allowed to get away with it.

edited to add --
You need to contact your county court clerk to see if a suit was filed against you, and if so, when it was filed (if it was before or after you told them the account was past the legal collecting SOL)
From some reading I've done, they cannot legally freeze a bank account if they have not first filed suit or received a judgment against you.

another edit --

Be extremely careful if you contact that lawyer. DO NOT sign anything !!!
If you do, you could open yourself up to be legally sued and lose your SOL defense.

§ 17-101. Acknowledgment or new promise must be in writing.

An acknowledgment or promise contained in a writing signed by the party to be charged thereby is the only competent evidence of a new or continuing contract whereby to take an action out of the operation of the provisions of limitations of time for commencing actions under the civil practice law and rules other than an action for the recovery of real property. This section does not alter the effect of a payment of principal or interest.


In fact I would suggest contacting your own lawyer instead of contacting that lawyer directly. It may be quite possible that the lawyer owes "you" money.

I need advice about an old debt and my bank account?

I found out today that a hold was placed on my bank account with a large debt amount in my balance. When I went to the bank to inquiry about it, they said that a law firm put a hold on my account, that I must owe someone money. They gave me the number to the law firm, to speak to them when I called they said that I owe $1000 and change for an old credit card that I thought I paid up. My question is that can the legally do that put a hold on my bank account with out even contacting me first, I moved since I had that credit card but if they could find me and put a hold on my account, they could have spoke to me first I feel. Could anyone give advice on this matter and point me to sources where I can find out about my rights and legal options in this type of situation?


It sounds like they were able to obtain a judgement against you, after which they can take legal action to sieze assets or get money taken out of your paycheck. They found your bank account using your SS# but that doesn't mean they found where you live.

Call you bank and ask what authorization was used to put the hold on your account. They should be able to give you the information as to where the hold came from. Then its time to deal with the company to make arrangement to pay the debt. If there is a judgement, you will probably have to pay it before the hold is released.

Good luck!


unless card was secured by funds in bank I do not think that's legal most credit cards are unsecured funds and your bank account can not be seized for non-payment call a local attorney for more info unless you know credit card was secured by bank funds


Since YOU chose not to give them a current address then it is your fault you never got notice, not theirs.

They probably went to court and got a default judgment against you and have atttached your bank account to satisfy the judgment. Perfectly legal.

You can talk to the lawyer and negotiate a possible payment plan if they indeed do have a judgment against you. I am only guessing.

where can I get legal advice for cheap, if not free in ohio?

my boyfriend was in jail for his divorce hearing. So because he wasnt there, she got everything she wanted. which was 100 dollars a week in child support and 50 dollars a week in spousal support. they were only married for 5 years, and just getting out of jail hes got no money no job and now alot of debt. I need to figure out a way to get this change.... any suggestions?


You can call around to local attorney's and ask if they do family/divorce law and see if they have free consultations (many do).

Schedule free consults with 2-3 attorney's (or more if you wish), present your circumstance, get their advice, and find out who is cheapest.

He should have filed something in the court, like a motion to continue stating that he was in jail and unable to attend the hearing, or he should have asked the jail to attend the court date.

It's $600/mo - to pay her that kind of $ (in court terms) he'd have to have income of $3,500-$5,000. Also, your state should have child support guidelines to follow based on income. Additionally, he'd need to file a modification of the divorce decree to get the agreement modified.

Free legal advice for Bankruptcy where can I go?

I am buried in debt and I need a way out I can't afford all this right now I need to breath!! Please help me

Debt collection from a customer who is 8 months behind?

Mine is a old mum n pop type business model. Our invoices are handwritten and all passed to our customers. We only maintain a log of the services (delivery place, date and amount) that we provided for the customer. The constant pestering by us seems to be useless to the customer. Are there any advice (legal or ethical) that is available to collect the debt from this customer?


ask a lawyer

Can I legally opt out from a gym membership if the ownership of the gym has changed? Legal Advice Needed?

LEGAL ADVICE NEEDED:
If I joined a gym with "Holmes Place", and signed a contract for 12 months with that company, and a couple of months later the "Holmes Place" becomes overtaken by "Virgin Active".....is there any legal way to leave the gym without facing consequences for breaching the contract on the grounds that I've signed the contract with "Holmes Place" and not with "Virgin Active"? The truth is I am unhappy with my membership, but the gym, formerly known as "Holmes Place" is notorious for charging its customers even if they stop going to the gym (f.e. if I attended the gym for 2 months, and then I stopped, they are still going to take money from my a/c by direct debit for the next 10 months, because they will say the contract was for 12 months. I can ask my bank manager to stop the direct debits, but then the gym will give my details to a debt collection agancy, as it has happened to a colleague of mine). Is there any way out of this?


In most cases, the change of ownership does not breach your contract. It is like a lease on an apartment. If the building is sold, the new owner assumes the conditions of the lease and it remains in force. Most gym memberships have a "cooling off period" of something like 30 to 60 days. Once you have past the cancel date, there is little that you can do to get out of a signed contract. There may be an early cancellation fee written into the contract allowing you to cancel at a charge.

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