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  1. #1
    burkey39's Avatar

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    Default Credit Union CCJ

    Myself and my wife are currently paying off loans to our credit union.

    In August last year my wife had a serious back operation and had to go on to long term sick leave.

    My my wife went onto SSP start of October 2013. Both credit union loans were paid up to date in October.

    At the end of October, wife went to credit union to talk over situation as things were getting tight. CU suggested a payment holiday until April 2014.

    Wife assumed that payment holiday was applied to hers and my account, as she had brought both books with her and they had looked at both books when making that decision.

    Arrived back from a break last week to find a letter from my local court, advising me to turn up for a hearing on 1st July, matter previously adjourned.

    I arranged a meeting with the credit union ASAP and in the meeting I was advised that the payment holiday was only granted on my wife's account.

    I was further advised that due to non payment on my account, a civil bill was issued on 16/01/14, notification of application re civil bill issued on 22/01/14. Application for decree made 21/02. Decree granted on 04/03/14.

    The guarantor for my loan has objected to the judgement against him as he swears he had no knowledge of any proceedings involving him till he received notice of the decree, that's why we're back in court on 1st July.

    Ourselves and guarantor are no longer on good terms, nothing to do with the loan but this hasn't helped and that's why I didn't know sooner.

    I have organised a payment plan with the credit union which they are happy.

    Im not concerned about the CCJ against me but I feel bad about the one against the guarantor, which he has received through no fault of his own.

    The credit union have advised me they want the decree to stay in place against the guarantor until the loan is paid in full.

    Would the magistrate agree to the decree being lifted from the guarantor on the basis of the agreed payment plan, despite the credit union's wishes?

    Also taking into account, I genuinely had no knowledge of this until recently and the credit union made no contact with me at all prior to starting proceedings after missing 3 payments?

    Seems harsh to me but I don't know what 'normal' credit union arrears procedures are.

    I'm sorry for the long post and thanks in advance for any help at all

  2. #2
    andy58's Avatar

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    Default Re: Credit Union CCJ

    Whatis the nature of your common bond, are you workplace or geographic, is this an Adcul affiliate, have you thought of asking if you can raise a query at the nest meeting, under additional business,

  3. #3
    burkey39's Avatar

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    Default Re: Credit Union CCJ

    Sorry Andy, I'm not the sharpest tool in the box, pretend im in the cube and playing my simplifier...

  4. #4
    andy58's Avatar

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    Default Re: Credit Union CCJ

    ou rare in a credit union yes?

    Is this part of your work or is it based around your community ?

    Conversely do yo unow the name of your CU

  5. #5
    FlamingParrot's Avatar

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    Default Re: Credit Union CCJ

    Quote Originally Posted by burkey39 View Post
    The guarantor for my loan has objected to the judgement against him as he swears he had no knowledge of any proceedings involving him till he received notice of the decree, that's why we're back in court on 1st July.

    Ourselves and guarantor are no longer on good terms, nothing to do with the loan but this hasn't helped and that's why I didn't know sooner.
    When you sign as a guarantor, it means if the other party doesn't pay, you will be responsible for their debt and will be expected to repay it as if you had borrowed the money.

    For the reasons above, it's usually not very wise to enter into such an arrangement, unless they are close family members like, say, your children.

    Quote Originally Posted by burkey39 View Post
    Im not concerned about the CCJ against me but I feel bad about the one against the guarantor, which he has received through no fault of his own.
    Sounds like the guarantor in this case wasn't fully aware of what they were letting themselves into and the obligations they'd acquired.

    Their "fault" would have been to have agreed to act as guarantors in the first place.

    The credit union should/would have contacted the guarantor when you and/or your wife failed to make the required payments, prior to taking the matter to court. Did they?

  6. #6
    andy58's Avatar

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    Default Re: Credit Union CCJ

    It all depends on the way the particular CU operates, if it is one of the larger operations they may just be following procedure at the branch level and the OP needs to get in touch with the comittie via the secretary to the chair and raise the issue regarding general policy, if it is one of the smaller ones a more informal approach can be used.

    There are usually ways and means of working these things out within a CU, just a a mater of knowing who to talk to.

  7. #7
    burkey39's Avatar

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    Default Re: Credit Union CCJ

    It's town based credit union in Northern Ireland, the only meetings they have are to grant loans(I think).

    I would have had this sorted long ago, had I been aware. I thought I was on a payment holiday. When each of the three payments were missed, neither the guarantor or I received any contact from the credit union.

    I was even aware that legal proceedings had been issued, never mind a decree issued and the guarantor wasn't aware either till he applied for a mortgage and was refused due to the decree against him.

    How can I find out exactly what the credit union have on record in their file in relation to me?

    if I ask for a copy of everything they have on my file will they provide it, as well as a copy of their arrears procedure?

  8. #8
    andy58's Avatar

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    Default Re: Credit Union CCJ

    I am not familiar with the Irish system for CUs to be honest but I should think that they are the same as ours this side of the pond.

    As a member of the CU you are part owner of course, so you are entitled to demand whatever you want, (within reason) there should be a monthly meeting of directors and you can also ask to attend this to raise a point, or you should be able to ask for someone else to raise it for you and request to see the minuted response.

    Irish CUs are a lot more advanced than ours in general, and as a result have IMO lost much of the personal interaction, although the facilities enjoyed are usually far superior, however the roots are the same and as a member you should be able to access any level of the organisation and resolve your problem, sorry I cannot be more specific . in your case.

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