Personal Insolvency

BoyceKelly Solicitors Donegal Personal Insolvency Practitioner

Facing repossession ? Help is now at hand

 

BoyceKelly Solicitors Donegal Conveyancing
Get free legal advice on repossession

 

 

 

 

The Minister for Justice has announced a free legal aid scheme to assist anyone who is facing repossession (or the threat of it) from their lender as a result of mortgage arrears on their family home.

More details about the scheme have now emerged and training has now been undertaken by us and the other lawyers who wish to participate in providing the various services which are to be made available.

Three main services are to be provided:

  1. A legally aided consultation scheme is to be set up. This will involve MABS assessing the person’s individual circumstances in the first instance and in helping them fill out the necessary financial statements and to refer them to a legally aided Personal Insolvency Practitioner, where appropriate. Where legal advice is needed, a voucher will be issued by MABS to the person to allow them to contact a solicitor on the panel to obtain free legal advice on their circumstances. We have been told by the Legal Aid Board that follow up consultations can be provided for if necessary.
  2. A ‘duty solicitor’ is to be present at each court sitting to assist those unrepresented/representing themselves. Again this service is to be paid for by Legal Aid.
  3. Finally, where a person enters into an insolvency arrangement with a personal insolvency arrangement but the Bank veto’s the arrangement, legal aid will now be provided to the person to allow them to appeal the veto by the Bank to the court. This will result in many more insolvency arrangements being put in place and will ultimately result in many more families remaining in their family homes with manageable repayments on their mortgages.
  4. it is hoped that the legal aid scheme will be up and running in the short term. MABS now have a dedicated mortgage arrears adviser who will assist any person facing repossession and arrange the appropriate free help from a Personal Insolvency Practitioner or Solicitor.
  5. Unfortunately, the current scheme does not appear to provide legal aid for the repossession action itself nor does it deal with  bankruptcy applications which will undoubtedly be required but it is certainly a good starting point and the hope is that the scheme will be enlarged as it develops.
  6. We would advise anyone who has received a letter threatening repossession or who has had proceedings issued against them to make contact with their local MABS office to speak to the dedicated mortgage arrears adviser (DMABS) or to contact ourselves and we can make contact with MABS on their behalf.   

You can read more about MABS services here : http://www.keepingyourhome.ie or contact Etain Boyce on 0749890190 or info@boycekelly.ie for a free, confidential and empathetic discussion about your situation. 

BoyceKelly Solicitors Donegal Personal Insolvency Practitioner

Free legal aid for borrowers announced

BoyceKelly Solicitors Donegal Personal Insolvency Practitioner

 

 

A new free legal aid scheme was announced by the Minister for Justice, Frances Fitzgerald this week.The free legal aid scheme aims to assist borrowers who face going to court for repossession of their homes. The move has been welcomed by the Money Advisory and Budgeting Service and by the Free Legal Advice Centres. This is the long overdue missing link. Combined with a shorter bankruptcy term and improved debt resolution options, these measures will lead to resolution of cases in a speedier and fairer manner.

Access to legal advice and representation is a fundamental right, a right which was in most cases not being met in the repossession cases before the courts until now.

The scheme will be administered through the Money Advice and Budgeting Service with the involvement of the Legal Aid Board.

The new free legal aid scheme announced this week will level the playing field to a certain degree for distressed borrowers and will lead to a greater number of realistic settlements by the Banks at an earlier stage.

Until now it has been very difficult for those facing the loss of their home to access legal representation. in most cases, people were left to represent themselves or relied on one of the various charities set up to help people..

The scheme will include assistance and representation for borrowers facing repossession proceedings for a panel of duty solicitors to be drawn up by the Legal Aid Board. a voucher system is proposed to be used at no cost to the borrower, where MABS provide the voucher.

The new free legal aid scheme announced by the Minister is another step along the road to recovery and a fairer society.

While it is long overdue, the move must be welcomed and underlines how seriously the government view the issue of mortgage arrears and repossessions as an election issue.

As a qualified personal insolvency practitioner and solicitor, Etain Boyce is ideally placed to advise those facing legal threats from their bank over arrears in payments.Please feel free to contact Etain to discuss your situation in strictest confidence on 0749890190.

http://www.flac.ie/news/latestnews/2016/01/25/new-legal-aid-scheme-for-troubled-borrowers-welcom/

New laws reduce time taken to exit bankruptcy

 New bankruptcy laws came into effect on 3rd December

The new bankruptcy laws signed into effect by Minister Shatter reduce the time period to exit bankruptcy from 12 years to 3 years and reduce the cost of declaring yourself bankrupt from €1,400 approx. to €750.00.

The long awaited changes in our outdated bankruptcy laws will offer relief to many individuals struggling with financial difficulties for whom there is no other viable option.

Bankruptcy should only ever be considered as a last resort as it has serious repercussions and is by no means an easy fix. Bankruptcy can only be considered where an individual has been assessed for their eligibility for a DSA (Debt Settlement Arrangement) or a PIA (Personal Insolvency Arrangement) by a Personal Insolvency Practitioner but where they were deemed unsuitable/ineligible or agreement could not be reached with Creditors.

The new laws are an important part of resolving the huge debt crisis in Ireland, offering the final piece of the jigsaw for he new Personal Insolvency Regime.

This article is for general information purposes only and cannot not be relied upon as legal advice or the advice of a PIP. If you are in financial difficulty you should speak with a PIP to discuss your options based on your own specific financial circumstances. We can recommend a suitable PIP.