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FREE LEGAL ADVICE Centres (Flac) has urged the government to make free legal aid available in proceedings involving the repossession of a home, as lay litigants struggle against the ‘sharp practices’ of vulture funds.
The non-profit organisation made the call at the launch of its annual report which revealed it gave legal advice to almost 26,000 people last year.
Flac also takes on a small number of cases each year where there is a wider public interest and last year there were 103 of these cases. Almost one third related to housing or landlord and tenant issues.
The organisation acted in eight eviction proceedings and today Flac’s chief executive Eilis Barry said the courts need to have “greater flexibility” in these complex cases.
“We have seen some pretty sharp practice at the hands of one particular vulture fund, which would not engender confidence in us going forward,” she told TheJournal.ie.
There was one particular vulture fund who rejected viable payment proposals and sought immediate payment of the entire balance or repossession.
Barry said she is anxious to see junior minister Kevin Boxer Moran’s Land and Conveyancing Amendment Bill pass through the Dáil.
“The legislation, if passed, would give the courts an opportunity to look at a whole range of factors and possibly not make an order for repossession,” she explained. It was reported at the weekend that the European Central Bank may block this bill, but Minister for Justice Charlie Flanagan said today that he was confident the bill would progress.
Although Barry said Flac had welcomed the introduction of the Abhaile scheme, which offers vouchers for consultations with solicitors to people who are in arrears, she said it is not enough to keep people in their homes.
At the end of the day you’re not being legally represented when the hammer is coming down and we would feel that’s at a time of extreme vulnerability, where the consequences are so devastating, where there’s such a big power imbalance.
She said people are “extremely distressed trying to represent themselves” and they call Flac looking for help, but the organisation is not in a position to provide representation to them.
When asked by TheJournal.ie whether he believed the advice offered in a consultation through the Abhaile scheme was adequate to prepare a lay-litigant to face off against trained legal professionals in the courts, the minister responded:
“I want to acknowledge the importance of the Abhaile scheme. It’s working particularly well. Of course in all circumstances it’s important that we would review, as well as monitor, and I’m very keen that we have the strongest possible legislation in order to ensure that those who are facing the trauma and upset and difficulty of repossession have available to them legal services.
“There are no circumstances where I believe it’s just or fair for any order for repossession to be made against somebody who doesn’t have available to them legal advice and that choice and I’m very keen to ensure that that’s the case.”
When asked whether he was open to reforming the system to offer free legal aid, including full representation in the courts, to people in repossession cases, Flanagan said:
I’m very pleased with the success of the Abhaile scheme. If there are aspects of it that do give rise to concern I would certainly be happy to have a look at it. I’m also very keen to ensure that legislation is updated.
“I’ve been speaking with my colleague Minister Boxer Moran in recent times, there is a draft bill that I’m anxious to have enacted over the course of the autumn. There is a legal issue with the attorney general and the ECB that I’m very keen to surmount before proceeding any further,” he added.
Eilis Barry said access to legal representation could delay or prevent homelessness which would be a “cost win” for society “because the cost of homelessness, not just financially, is devastating for the family and for society”.
So people couldn’t be arsed paying there mortgage now we want the state to foot their legal expenses as well ..whst a wonderful country we live in
@jerry slattery: Yeh, never mind that the banks are submitting wrong, forged paper work, repossessing the wrong properties, not sticking to their own agreements etc.
@jerry slattery: The banks at this stage are repoing property that isn’t even bloody theirs or that they’ve not right to due to court backlog sand you want to have people get no protection. Spot the FFG’er… http://www.thejournal.ie/bank-of-ireland-kerry-court-3280731-Apr2017/ or http://www.thejournal.ie/high-court-master-4-4224921-Sep2018/
@jerry slattery: That’s the spin put about to justify selling off mortgages and the eviction courts.
Not a shred of truth in it at all.
@jerry slattery: could you give us the exact numbers of people that ‘couldn’t be arsed paying their mortgage ‘ ? You see,I honestly don’t know of anybody that has the funds to pay their mortgage but couldn’t be arsed doing it…
Current system is a joke. The Abhaile voucher just about gets you one meeting with a solicitor at his office. How is that supposed to help anyone fairly represent their case against the teams of legal professionals trotted out by the vulture funds?
Honestly, it’s the equivalent of giving someone a 30 minute driving lesson and then telling them they’ll be racing Fernando Alonso with their house on the line…
This should be included in the renegotiation of the supply and confidence agreement, so that FG are forced to help normal tax payers and not just their vulture fund buddies
Ah now. Come on. You don’t pay your mortgage, your house is taken back. It’s people who are paying their mortgage back who pay these costs i.e highest mortgage interest rates in europe
@Michael Carty: And If you pay your mortgage yet receive a letter from the bank saying they’re repossessing the property or selling your mortgage on and you can’t afford legal aid ?
@Michael Carty: our high rates are nothing to do with non paying mortgages. It’s just the usual rip off ireland and the likes of you talking crap
@Diddles Daffy: Totally, utterly and factually incorrect. While not the only consideration, its a substantial one.
@John Ryan: While there was an article regarding this happening last week, the matter was quickly dealt with. Bank admin error…..
Omg of course they should get legal aid
@Mari: FREE
@Mari: After new directions from Courts services recently that Mckenzie friends people Assisting unrepresentative litigants cannot claim the out of pocket expenses for their assistance if they are successful isolates unrepresentative Litigants even further on top of they already cannot claim expenses for work they may have done on the case contrary to N Ireland that sets a hourly rate of 20 euros an hour still a lot less than a solicitors rate of 350 to 450 euro per hour this new direction is preventing self litigants from a fair Hearing
It’s not free,I’m paying for it.
@Paul Freeman: it would be free to the people that would avail of it…
@Francis Mc Carthy: Including the Banks we are also paying or paid these fees
Why would the European Central Bank be interested or indeed have the ability to block a legislative bill presented by a junior minister from being passed in the Dail ?
@wattsed: yeah i found that a very curious mention.
Abhaile is all but useless. A voucher for legal advice of 1500 euro worth. You won’t get much advice and no representation for that money. According to those who attend these eviction courts the sum total if legal advice to those facing the courts is to surrender the keys!!
Abhaile was brought in to counter the good work done by the HUB Ireland.
Sorry Jerry you have it a tad wrong, no issues with non engaging mortgage holders but people struggling, now there I have issues
@Willie Bill Bryan: Very true. I know someone who has cancer, cant work, can’t pay until they get better and back to work and their payment protection wont cover cancer. Then they are going to be thrown to the vultures and face their barristers with nobody to defend them. I suggest that its not just a case of cannot being arsed to pay for many people..
@Patrick J. O’Rourke: why would you take out payment protection cover that didn’t cover cancer? It would be at the forefront of my reasons for doing so after job loss!
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