Man ordered to repay Credit Union €36,000

A Co Dublin man, who walked out of court Thursday claiming he had not been given “a fair trial,” has been ordered to repay his Credit Union just over €36,000 and its legal costs.

Barrister John Scott told the Circuit Civil Court that Keith Whelan, of Majuka Cottage, Sparrow Road, Dunlavin, Co Wicklow, had taken out a home improvement loan from Rathfarnham and District Credit Union in June 2008.

Mr Scott, who appeared with MD O’Loughlin solicitors for the credit union, said Mr Whelan now believed that because he had moved from his former address at Old Orchard, Butterfield Avenue, Rathfarnham, Dublin, he was outside the jurisdiction of the court.

Circuit Court President, Mr Justice Raymond Groarke, after ruling that the court was empowered to deal with the credit union’s debt collection proceedings, was told that Whelan stopped making repayments on the loan in October 2016.

Mr Scott said the amount outstanding was now €36,515 and the Rathfarnham and District Credit Union, at which Mr Whelan had signed his loan agreement, was seeking to have judgment in that amount granted against him.

A credit union official told Judge Groarke that Mr Whelan had taken out the home improvement loan in June 2008 and had signed an agreement and undertaking to repay it in 109 instalments of €657 a month. The last payment he had made against the loan was on 24th October 2016.

Ms Bernie McGrath, credit control officer of Rathfarnham and District Credit Union, union, said the branch had retained its Rathfarnham title despite having merged with a number of other branches including Templeogue, Meath Street and Harold’s Cross. She said Rathfarnham and District Branch had never sold off the security on any loan including that of Mr Whelan.

Whelan, who represented himself, said he had appeared only to challenge the jurisdiction of the court with regard to the debt collection and did not intend going into the witness box to give evidence. He said he had never received documents allegedly sent to him by registered post. When handed copies in court he was told he could check them during the hearing but instead he put them in his brief case and asked could he leave the court.

When told this was a matter for himself he put on his overcoat and scarf, lifted his brief case and walked out.

Judge Groarke said Ms McGrath had given evidence that the loan agreement had been executed within the County of Dublin and in the absence of any contrary evidence contradicting her he had to find the court had jurisdiction to deal with the application.

The only evidence before him regarding details of the loan and the signing of the loan agreement had been given by Ms McGrath and he granted judgment against Mr Whelan for €36,515, awarding legal costs of the application against him.