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So… the Constitutional Court heard arguments on Tuesday 14th Feb 2012.

Both sides presented their reasoning. The Bank (BASA) relied on past precedents and the reasoning that consumers could just always claim not to have received such notices (if not delivered by sheriff). This seemed to resonate with the Judges. they aslo pointed to the resultant extra work and costs that would possibly result.

The NCR and Mr Sebola as well as SERI pointed to the importance of consumers being made aware of their rights in regard to the notice. If they don’t know about the notice how can they exercise those rights?

The decision will be forthcoming…it is normally best that the court take some time to discuss, review and decide on the matter. When the judgement is handed down Debtfree DIGI will be sure to let you know what the outcome is.

How will this effect Debt Review?:

The sad truth is that even if the decision does go ‘against’ the the Banks other courts have already ruled that if a consumer gets a Section 129 notice in regard to an account then that particular account can’t be included in a debt review. The consumer is however welcome to refer the matter to the ombud or to go to a debt counsellor for their other debts which will help them sort out their debt issues.