Dáil debates

Wednesday, 20 May 2009

Central Bank and Financial Services Authority of Ireland (Protection of Debtors) Bill 2009: Second Stage (Resumed)

 

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)

It would be a separate operation within the auspices of the Financial Regulator.

My main difficulty with the Bill is its failure to define "debt collector". If it was confined to specific areas we could deal with this failure but, as has been mentioned previously, certain people with criminal connections are collecting debts. In recent weeks I have heard a first-hand account from a person visited regarding a debt by a notorious figure with gangland connections who has been given a name associated with a species of reptile. After being told a complicated story about property and being owed money by somebody else, the aforementioned gentleman offered to work for the debtor in collecting the next debt. I am aware of another person who engaged that individual and found him suitable for collecting straightforward debts of a couple of thousand euro but unable to deal with more complicated matters.

I recently heard reports on the radio regarding customers who had paid deposits of several thousand euro to a large furniture shop in Dublin which subsequently went into liquidation or ceased trading. They knew this was happening and in theory they were owed money or goods. They charged into the shop to seize the goods and loaded them into their cars and vans because they believed they would not be paid the debts they were owed. We have all heard about cases in which subcontractors on building sites have not been paid and are owed debts. Some have had to enter the sites to seize or recover the goods they had provided. That is a difficult area. I am concerned that people who are abusing their positions are unlikely to come into the transparent area of registration. The Bill could, however, create difficulties for corner shops which are owed money by local customers, not to mention Bord Gáis and other organisations.

This issue of banks and seizures of houses has been raised. Thankfully that has not occurred on an extensive basis despite widespread coverage of the issue. I am concerned about the actions of local authorities in this regard because I have found they are sometimes overly aggressive in threatening people who have fallen behind in repaying loans because of job losses. The Government's request to financial institutions for a moratorium of 12 months where people have lost their jobs does not appear to have been heeded by local authorities. While I welcome this debate, much more work is needed before we can pass this Bill into law.

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