Oireachtas Joint and Select Committees

Wednesday, 2 April 2014

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Mortgage Arrears Resolution Process: Discussion

3:05 pm

Mr. David Hall:

The IMHO has 4,500 active files. From our perspective, it is absolutely tortuous. Anybody attempting to assist a debtor has a categorisation of the various banks. If one goes to work and does the same job every day, one knows that some things are easy and some things are difficult. It is exactly the same with the banks; the inconsistencies are absolutely horrific. This is apparent whether one is speaking to bank officials, trying to arrange a solution, or, as the representative from MABS mentioned, determining the standard financial statement. In reality, there is no functioning system that is in any shape or form consistent. Trying to determine consistency within one lender is in and of itself dramatic.

When the banks appeared before the joint committee previously, they were asked about the legal queue. I suggest members put the question: "What is a legal queue?" Some say a legal queue begins when a solicitor's letter issues, while others say a legal queue begins when they determine the entitled letter "legal". The implications of getting out of a legal queue with some lenders involve a 50% payment of the mortgage arrears, while in other cases a 15% payment of the mortgage arrears is required. That is a complete and utter inconsistency. Of the 325 deals IMHO has done with AIB, 22% of those involved repossession proceedings. Some 22% of existing clients are faced with repossession proceedings. The Taoiseach is wrong; there are many hundreds of active repossession proceedings. AIB handed out 1,800 cases to a number of organisations to try to intercept people prior to going to court. Yes, there is sensitivity in AIB. Bank of Ireland does not care. There are monumental differences.

To return to the issue of consistency around the CCMA, there is no consistency. It is like the Gaza Strip. Individual lenders can do anything. Some are exiting the country, as Deputy O'Donnell said, some are trying to stay, and some are advertising that they got people a home, but they might not keep them in their homes. There are inconsistencies all over the place. There are land mines everywhere for the indebted person who is doing his best to try to navigate through an impossible situation with the help of under-resourced and under-funded organisations. We and the other organisations should not be in existence. The Government and the Oireachtas have failed miserably. I should not be here. I have been a volunteer for the past three years with IMHO. Other organisations that are present should not be here. Instead, MABS should have been beefed up and given funding to deal with this on a listed basis.

I get all excited when somebody mentions the Keane report. The Keane report recommended the appointment of 100 additional mortgage advisers to help the situation, but that part gets forgotten about. The inconsistencies are one of the major challenges that IMHO and other organisations face when dealing with banks. It is very dangerous. One is sitting across from a person who thinks he or she will lose the family home, and may very well lose the family home, but in the back of one's mind one is calculating his or her chances, depending on the bank. That shows the banks are completely inconsistent.

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