Machinery repossessions slammed
MEP Seán Kelly told the parliament in Strasbourg last week he had been contacted by four people about behaviour of receivers going into farmyards in isolated areas. He said they “frighten the living daylights out of them”, ignore all protocol, take machinery and “do enormous damage and a great deal of threatening, both in language and indeed in physical activity”.
Earlier, Tipperary South independent TD Mattie McGrath told the Dáil how agents of a finance company removed machines at night from an agricultural contractor family at Drangan, Thurles, Co Tipperary, who have been in business for four decades. Mr McGrath said they came without notice of any kind, broke and entered into an adjoining property, travelled across two fields and upset livestock and broke fences. Gardai were present. They attended in order to prevent any possible breach of the peace, according to the Garda Press Office.
Mr McGrath said the machines taken were four to six years old, and payments on them were almost finished. A payment for €5,000 made on September 20 had not yet been cashed by the finance company on November 3, when the machines were repossessed.
“The owner of the premises was awakened by a good neighbour. The neighbour was going to work at 4.30am and heading for Dublin when he saw the activity at a cross-roads and machines being loaded up,” said Mr McGrath.
He said one of the tractors taken was driven back an hour later when it was discovered that it was not the right tractor.
* Replying in the Dáil, Junior Minister Fergus O’Dowd urged Mr McGrath to ask the garda superintendent in his district and the garda commissioner to have the issue investigated. Mr O’Dowd said in the case of small and medium enterprises, where hire purchase is provided by a bank, the bank is required to comply with the Central Bank’s code of conduct such as procedures for handling arrears cases, to give the borrower reasonable time, and to agree an approach to assist the borrower in solving arrears.
Limited companies with turnover of up to €3m can complain to the Financial Services Ombudsman, if dissatisfied with treatment by a hire purchase company. It is a free service and up to €250,000 can be awarded. Decisions are binding, subject to High Court appeal.
