Oireachtas Joint and Select Committees

Thursday, 17 May 2018

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Resolution of Non-Performing Loans: Discussion (Resumed)

10:00 am

Mr. Brendan Burgess:

This comes back to the question that Deputy Doherty asked Mr. Hall about how a person whose loan has been classified as unsustainable can be encouraged to pay. An article on my website offers people advice on what to do if the bank classifies their mortgage as unsustainable. I make it clear in that article that if one's mortgage repayment should be €500, and one can and does pay €300, there is not a hope in hell that the bank or the vulture fund will succeed in getting an order for possession. That will continue to be the position unless things change dramatically in this country. I recommend to people that they should pay what they can and go into the court - it is usually in front of a registrar rather than a judge - to tell their story. Many cases are brought to court. The vast majority of cases before the courts - it is probable that there are approximately 10,000 cases there now - are struck out. The reality of the situation is that one should pay what one can. I think that is the best advice that can be provided by those who are seeking to advise individuals. I have said in my paper that banks should be prevented from taking legal action against people who are paying - for example - 3% of the outstanding balance. I genuinely want to protect the people who are paying. I want to see a mortgage assistance payment for people who cannot pay want to make an effort. A small minority of people who are not paying but could pay are being used by the banks as an excuse to charge the other 300,000 people the highest mortgage rates in Europe.

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