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Bíonn Oifig an Ombudsman ar oscalit ó 9.15 agus 5.30 ó Luan go Déardaoin agus 9.15 go 5.15 Dé hAoine
18 Sráid Líosain Íochtarach, Baile Átha Cliath 2.
Teil: +353-1-639-5600
Teil: 1890 223030
Faics: (01) 639 5674
R-phost: ombudsman@ombudsman.gov.ie
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Local Authority Housing Loans
APPENDICES
APPENDIX 1 - Summary Table
|
LOCAL AUTHORITY |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments (mths) |
Highest refund |
Lowest refund |
Longest elapsed time (years) |
|---|---|---|---|---|---|---|---|
|
Athlone UDC |
74 |
£5,872.68 |
£79.36 |
46 |
£1,432.78 |
£1.03 |
8 |
|
Bray UDC |
1 |
£745.30 |
£745.30 |
10 |
£745.30 |
n/a |
1 |
|
Carlow Co cl |
2 |
£385.84 |
£192.92 |
n/a |
£252.09 |
£133.75 |
0 |
|
Cavan Co Cl |
0 |
£0.00 |
£0.00 |
0 |
£0.00 |
£0.00 |
0 |
|
Clare Co Cl |
110 |
£8,847.40 |
£80.43 |
6 |
£301.02 |
£10.12 |
11 |
|
Clonmel Corp. |
48 |
£4,491.04 |
£93.56 |
9 |
£250.57 |
£20.72 |
9 |
|
Cork Co Cl |
72 |
£13,551.54 |
£188.22 |
11 |
£1,975.40 |
£22.22 |
5 |
|
Cork Corp. |
453 |
£21,859.51 |
£48.25 |
5 |
£429.69 |
£1.00 |
17 |
|
Donegal Co Cl |
1002 |
£122,823.58 |
£122.58 |
19 |
£1,144.44 |
£1.21 |
18 |
|
Drogheda Corp. |
0 |
£0.00 |
£0.00 |
0 |
£0.00 |
£0.00 |
0 |
|
Dublin Corp. |
90 |
£3,358.39 |
£37.32 |
7 |
£249.54 |
£1 |
11 |
|
Dundalk UDC |
500 |
£20,000.00 |
£40.00 |
n/a |
£426.54 |
£10.00 |
14 |
|
Dunlaoghaire/ Rathdown |
53 |
£2,236.98 |
£42.21 |
1 |
£359.00 |
£1.00 |
5 |
|
Fingal Co Cl |
145 |
£6,662.89 |
£45.95 |
1 |
£289.29 |
£1.00 |
5 |
|
Galway Co Cl |
6 |
£618.26 |
£103.04 |
0 |
£154.25 |
£65.14 |
0 |
|
Galway Corp. |
0 |
£0.00 |
£0.00 |
0 |
£0.00 |
£0.00 |
0 |
|
Kerry Co cl |
97 |
£8,516.64 |
£87.80 |
12 |
£623.70 |
£2.00 |
10 |
|
Kildare Co cl |
379 |
£67,408.19 |
£177.86 |
14 |
£1,926.92 |
£6.08 |
11 |
|
Kilkenny Co Cl |
15 |
£2,812.15 |
£187.48 |
4 |
£993.10 |
£17.00 |
2 |
|
Kilkenny Corp. |
0 |
£0.00 |
£0.00 |
0 |
£0.00 |
£0.00 |
0 |
|
Laois Co Cl |
0 |
£0.00 |
£0.00 |
0 |
£0.00 |
£0.00 |
0 |
|
Leitrim Co Cl |
27 |
£3,576.80 |
£132.47 |
3 |
£554.72 |
£5.53 |
5 |
|
Limerick Co cl |
234 |
£33,166.32 |
£141.74 |
22 |
£3,456.77 |
£1.00 |
7 |
|
Limerick Corp. |
106 |
£5,205.32 |
£49.11 |
n/a |
£200.00 |
£1 |
n/a |
|
Longford Co Cl |
139 |
£16,113.84 |
£115.93 |
18 |
£914.38 |
£5.03 |
n/a |
|
Louth Co Cl |
75 |
£13,247.23 |
£176.63 |
6 |
£1,045.84 |
£23.14 |
16 |
|
Mayo Co Cl |
57 |
£9,509.85 |
£166.84 |
11 |
£440.91 |
£5.67 |
10 |
|
Meath Co Cl |
217 |
£27,289.00 |
£125.76 |
14 |
£872.20 |
£20.01 |
16 |
|
Monaghan Co cl |
0 |
£0.00 |
£0.00 |
0 |
£0.00 |
£0.00 |
|
|
Offaly Co Cl |
0 |
£0.00 |
£0.00 |
0 |
£0.00 |
£0.00 |
0 |
|
Roscommon Co Cl |
42 |
£4,937.28 |
£117.55 |
4 |
£397.72 |
£1.09 |
16 |
|
Sligo Co Cl |
102 |
£10,732.00 |
£105.22 |
3 |
£448.98 |
£10.96 |
8 |
|
Sligo Corp. |
9 |
£560.69 |
£62.30 |
1 |
£373.06 |
£9.16 |
7 |
|
South Dublin Co Cl |
1134 |
£25,353.96 |
£22.36 |
16 |
£536.18 |
£0.01 |
6 |
|
Tipp (NR) Co Cl |
16 |
£2,389.69 |
£149.36 |
2 |
£445.30 |
£40.00 |
2 |
|
Tipp (SR) Co Cl |
245 |
£28,769.54 |
£117.43 |
10 |
£962.80 |
£6.00 |
7 |
|
Waterford Co Cl |
252 |
£5,940.98 |
£23.58 |
3 |
£299.88 |
£1.00 |
8 |
|
Waterford Corp. |
144 |
£17,162.85 |
£119.19 |
16 |
£700.05 |
£12.70 |
15 |
|
Westmeath Co Cl |
392 |
£32,045.48 |
£81.75 |
12 |
£1,505.04 |
£10.00 |
11 |
|
Wexford Co Cl |
80 |
£8,717.99 |
£108.97 |
7 |
£910.00 |
£20.00 |
4 |
|
Wexford Corp. |
52 |
£4,782.67 |
£91.97 |
12 |
£465.01 |
£2.00 |
11 |
|
Wicklow Co Cl |
41 |
£6,905.37 |
£168.42 |
16 |
£2,396.48 |
£0.08 |
2 |
|
TOTALS |
6411 |
£546,597.25 |
£85.26 |
|
|
|
|
APPENDIX 2 - Summary Tables and Responses.
Response from each Local Authority
Athlone Urban District Council confirmed that,
since April 1999, the following revised procedures are in place to
ensure that there is no recurrence of ongoing credit balances:
Following redemption of a loan the borrower is requested to cease any standing order payments.
After a period of two (2) months all accounts are checked to ensure
that payment has ceased and any credit balance is then refunded to the
borrower. A regular check is carried out to ensure that any expired /
run-out loans are not carrying credit balances.
Of the 75 cases identified below, 21 related to refunds of £100 or over.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest number of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Athlone UDC |
75 |
£5,872.68 |
£79.36 |
46 |
£1,432.78 |
£1.03 |
8 years |
Bray Urban District Council has a system to
ensure that overpayments on mature housing loans are prevented and
that, if any overpayments occur, they are identified, promptly notified
to the borrower and remedial action is taken. The system involves
regular checking of the monthly ledger report in order to identify any
overpayments which may have occurred. Borrowers are promptly notified
once a loan has expired.
At the time of the commencement of this investigation there was
a satisfactory system in place which ensured that as far as possible
instalments overpaid were refunded within a relatively short period of
time.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Bray UDC |
1 |
£745.30 |
£745.30 |
10 |
£745.30 |
n/a |
<1 year |
Carlow County Council confirmed that a printout
is produced on a monthly basis which identifies payments received in
respect of run-out or redeemed loans. The overpayments result from
borrowers failing to instruct their bank to cancel standing orders.
Borrowers are requested to cancel standing orders when they redeem
their housing loans but, on occasions they appear to neglect to do so.
At the time of the commencement of this investigation there was
a satisfactory system in place which ensured that as far as possible
any instalments overpaid were refunded within a relatively short period
of time.
Both of the cases identified below involved refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Carlow
|
2 |
£385.84 |
£192.92 |
0 |
£252.09 |
£133.75 |
0 |
Cavan County Council reported that refunds are
issued to all account holders as expeditiously as possible. The general
procedure that operates is as follows:
Statements of standing orders are received from the bank and are
batched on a daily basis in the Finance Section, then forwarded
immediately to the Council's Information Technology Section for input
to its computer system. Checks are in place to guarantee that totals or
ordinary, part and full redemptions on each batch header agree with
corresponding totals on the computerised printout.
The Council's computerised printout flags all repayments made
subsequent to redemption of loans with the message "Account not Active
/ Unusual amount". These amounts are recorded and held in abeyance for
three days pending cancellation of the standing order by the customer's
bank. When this period elapses without cancellation, the refund is
processed within the following month. The house loan system therefore
provides an expedient fail safe mechanism whereby all overpayments are
identified and refunded in the shortest possible time frame.
In cases where refunds on redeemed accounts apply, the Council
notify the customer to cancel associated standing orders in their
paying banks immediately. In order to further strengthen controls the
Council adopted a procedure of notifying loan holders in writing of the
requirement to cancel standing orders at the date of redemption of
their loans. Those who fail to do so are again informed of the
necessity to do so when the refund is being processed.
There are circumstances over which the Council has no control,
such as, a customer's bank omitting to comply with all instructions to
cancel a standing order, or, a customer forgetting to issue the
appropriate instruction to his/her bank.
At the time of the commencement of this investigation there was
a satisfactory system in place which ensured that, as far as possible,
any instalments overpaid were refunded within a relatively short period.
For the purpose of my investigation I am satisfied that the Council has a nil return.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Cavan Co Cl |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Clare County Council reported that refunds are
made to borrowers periodically. When borrowers request redemption
figures, they are advised to stop direct debits / standing orders on
redemption of the loan. Borrowers are also advised to stop direct
debits / standing orders when the final payment is received by the
Council. Some information is lost from the Council's Housing Loan
Computer System once a loan is redeemed. Therefore, in order to access
certain relevant information once a loan has been redeemed, the loan
has to be manually checked using the original paper files and records.
Following its initial report to my Office the Council confirmed
that an additional "run-out" loan with a revenue balance was
discovered. It appears that the borrower in this case had continued to
make payments by standing order. This loan was undetected due to a
peculiarity with the Council's House Loans Computerised System. The
Council informed me that this loan had "run -out" and did not appear on
the Computerised Redeemed or Suspended Loan printouts. In order to
avoid the recurrence of this issue, the Council has since included
further fields in all loan printouts and will carry out periodic checks.
Of the 110 cases identified below, 36 involved refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Clare Co Cl |
110 |
£8,847.40 |
£80.43 |
6 |
£301.02 |
£10.12 |
11 years |
Clonmel Corporation confirmed that some credits
on mature housing loans arose because its borrowers neglected to cancel
standing orders after redeeming their housing loan. The Corporation has
refunded all outstanding credits. With effect from 1 January 1999, it
issues written instructions to all persons who redeem their housing
loans to cancel their standing orders immediately.
Of the 48 refunds identified below, 18 relate to refunds of £100 or more
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Clonmel Corp. |
48 |
£4,491.04 |
£93.56 |
9 |
£250.57 |
£20.72 |
9 years |
Cork County Council confirmed that the making
of refunds of overpayments in respect of fully redeemed house loans is
an ongoing process in the Council. The Council made refunds in the
normal course of events of between £44,000 and £67,000 to borrowers
each year in the period 1996 to 1998. The majority of overpayments
arise when borrowers pay off loans in full but fail to cancel bank
standing orders in time, with the result that the instalment due for
the month of redemption is paid by the borrower through their bank,
while that monthly instalment is also paid at the date of redemption.
The Council's standard letter notifying redemption figures on
loans advises borrowers to cancel standing orders as soon as the loan
is redeemed. Similar advice is given to telephone callers. Despite
this, a large number of people end up paying one or more monthly
instalments after the loan has been fully redeemed. The banks will not
take instructions from the Council to cancel a standing order which is
authorised by a bank's customer. The Council must depend on borrowers
to give correct instructions to their respective banks.
The Council deals with a large number of refunds throughout the
year, but requests borrowers to make a brief informal written request
in letter or note form, before issuing a refund.
Of the 72 cases identified below 42 were to the value of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Cork
|
72 |
£13,551.54 |
£188.22 |
11 |
£1,975.40 |
£22.22 |
5 years |
Cork Corporation advised that it has procedures
in place to avoid overpayments on mature housing loans by way of
monitoring at month end. The situation is monitored on a monthly basis
and refunds are made as soon as possible thereafter.
Of the 453 cases identified below 61 involved refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Cork Corp. |
453 |
£21,859 |
£48.25 |
5 |
£429.69 |
<£1.00 |
17 years |
Donegal County Council informed me that, in the
past, it was a requirement of audit in the Council, to only issue
refunds upon receipt of the written application from the borrowers for
any credits due. In view of recent developments, arising from my
investigation, the Council will dispense with that requirement. Credits
accruing on any account as a result of loans maturing or being redeemed
will be refunded immediately and borrowers will be advised to terminate
their standing orders with their banks.
Of the 1,002 cases identified below 437 cases were to the value of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Donegal
|
1,002 |
£122,823 |
£122.58 |
19 |
£1,144.44 |
£1.21 |
18 years |
Drogheda Corporation indicated that in 1996 it
was discovered that standing orders were still being paid even though
the loan had run-out. Refunds were made and the borrowers involved were
advised to cancel the standing order. Since then the Corporation
generate a housing loan "credit report" each month so that if an
overpayment is made when a loan is redeemed it is refunded the
following month.
For the purpose of my investigation I am satisfied that the Corporation has a nil return.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Drogheda Corp. |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Dublin Corporation advised that it has a
policy, when issuing a borrower with their housing loan redemption
figure to advise them to cancel their standing order with the bank
before discharging the loan. When loans are discharged a code is
immediately placed on the borrower's account. This prohibits any
further payments being updated to the account. The Corporation's
computer system generates a report outlining all rejected payments and
should a payment be received after a loan has been discharged the
amount in question is refunded directly to the borrower.
Of the 90 cases identified below 7 were to the value of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Dublin Corp. |
90 |
£3,358.39 |
£37.32 |
7 |
£249.954 |
<£1 |
11 years |
Dundalk Urban District Council indicated that
it has identified approximately 500 loan accounts to be investigated
but, due to resource issues its investigation is taking longer than
anticipated.
In the light of the current investigation the Council has
reviewed its procedures for dealing with loan balances. The Council has
confirmed that every loan that is redeemed / expired is checked and
refunds are made as quickly as possible.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Dundalk UDC |
500 |
£20,000 est. |
£40 |
n/a |
£426.54 |
<£10 |
14 years |
Dunlaoghaire Rathdown County Council confirmed
that a printout providing details of all accounts due to mature in the
following six months is provided by the Council's Loans Computer System
in each month. Borrowers are notified approximately 1 to 2 months
before the expiry date of the month the final payment is due and
advised to make arrangements to ensure that no further payments are
made on the loan.
Immediately a loan matures, whether by payment of the final
instalment at the expiry of the term of the loan or when a loan is
redeemed early, a "stop" is, as a matter of course, placed on the
account. This ensures that any further payments tendered in respect of
the loan are receipted to the loans "overpayment" code.
When a "stop" is not placed on a redeemed account, due to an
operative error by Council staff and overpayments are made between the
date of redemption and the end of the calendar month when the
redemption was made , such payments are credited to the account and
give rise to a credit balance on the redeemed account. This is
identified during the monthly loan ledger reconciliation and dealt with
as a refund in the normal way.
Subsequent payments would be rejected by the receipting system and credited to the overpayment code.
Payments to the overpayments code are examined on a monthly
basis and the borrower is notified in writing of the fact of the
overpayment, requested to take action to prevent any further payments
and invited to submit a written request for a refund. On receipt of
such a request arrangements are made to have the refund issued without
delay. It is standard procedure to make a payment only on foot of an
invoice or other demand for payment in order to safeguard public funds.
Of the 53 cases identified 7 were for amounts greater than £ 100.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Dunlaoghaire / Rathdown Co Cl |
53 |
£2,236.98 |
£42.21 |
1 |
£359 |
£1 |
5 years |
Fingal County Council informed me that it has a
system in place to anticipate the expiry of accounts. The Council say
that the expiry may arise through accounts running the full term of
their repayment period or it may arise earlier following special
payments of capital by the borrower or through the borrower making
excess payments over the monthly instalment on an ongoing basis.
The Council say that prior to the expiry date, borrowers are
notified of the imminent expiry of their account, the capital sum
required to redeem the account early and invited, if they desire, to
pay this capital amount. If this offer is not availed of, the account
will run to its logical expiry date. If, on this date, payment of the
monthly instalment is up to date or in credit, the account is ceased.
The Council say that when an account is ceased it is literally
taken out of the system so that any payments offered against that
account will not find a matching account number and therefore it cannot
be posted to an account. The Council confirm that such payments are
returned to the borrower or, more commonly, the borrower's bank is
asked to take back a credit for the overpayment. When the account is
ceased, the borrower is written to and advised to apply to the
Council's Law Agent for release of Title. Any overpayment existing on
the account is, on the application of the borrower, refunded. An
account may be terminated through the proactive action of the borrower
in paying off capital outstanding at any stage. Any overpayment made on
the account during these transactions are specifically notified to the
borrower.
Of the 145 cases identified below 22 were for amounts greater than £100.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Fingal Co Cl |
145 |
£6,662.89 |
£45.95 |
1 |
£289.29 |
<£1 |
5 years |
Galway County Council explained that a weekly
printout of "receipts" is produced by the Housing Loan Computer System.
If a receipt is recorded against a redeemed loan, an "error" message
appears on this printout. This error message is checked to see whether
a refund is due. If it is due, a list is prepared and the Customer
Account number is sourced from Accounts Section.
A printout of all loans which have been paid off are checked on
a weekly basis. Any credit balances on "paid off" loans are queried .
If it is established that a refund is due, a voucher is prepared with
an accompanying letter informing the borrower of the necessity to
cancel a standing order.
Of the 6 cases identified below 3 are for amounts greater than £100.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Galway Co Cl |
6 |
£618.26 |
£103.04 |
0 |
£154.25 |
£65.14 |
0 |
Galway Corporation. The Corporation advises
that it has arrangements in place to ensure that overpayments do not
arise on mature / expired housing loans. Any loans which are due to
expire are highlighted on a report produced from the Housing Loans
Computer System on a monthly basis. A notification is then sent to each
borrower informing them that the loan is about to expire, the balance
on the loan and that the standing order should be stopped.
In the case of redemptions, the borrowers and / or their
solicitors are reminded to cancel their standing orders. Should an
overpayment occur, an error message is produced on their housing loans
report at the end of the month. Arrangements are then made to refund
the amount overpaid and a revenue adjustment is made to clear the
account balance. Arrangements have been put in place recently to ensure
that accounts are adjusted immediately when borrowers are refunded any
outstanding credits on their accounts.
For the purpose of my investigation I am satisfied that the Corporation has a nil return.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Galway Corp. |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Kerry County Council provided me with one of
the most comprehensive and helpful reports of this investigation. The
Council pointed out that the total number of credits identified
represents less than 5% of the overall number of accounts held and the
particular accounts where refunds were due involved payments by
standing order which were not cancelled by the borrowers in time.
The Council have told me that as a result of this investigation it proposes to take the following action:
- Loans which naturally mature and those which are redeemed early will be identified on a monthly basis. These loans will be tracked on a regular basis to ensure that any overpayments made are highlighted and refunded to the borrower immediately.
- It also proposes to take the matter up with the Local Government Computer Services Board, who designed the Computer Housing Loans System in operation in many local authorities, to ensure that the Council's system highlights loan accounts where payments are made and where such payments should be refunded due to the expiry or redemption of a loan.
In 32 cases the refund due was £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Kerry Co Cl |
97 |
£8,516.64 |
£87.80 |
12 |
£623.70 |
£2 |
10 years |
Kildare County Council, which also produced a
very good quality report to this investigation, said that of the 379
accounts identified refunds were issued in 262 cases. One hundred and
four borrowers (104) were contacted by the Council but the notices were
returned by the post office indicating that the borrowers were no
longer at the address. A further 13 borrowers have yet to contact the
Council.
Borrowers are advised, on redemption, to cancel any standing
order immediately. In future the Council propose to examine all loans
on a monthly basis and to issue refunds, if due, immediately.
Of the 379 accounts identified, 258 involved refunds of £100 or greater.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Kildare
|
379 |
£67,408 |
£177.86 |
14 |
£1,926.92 |
£6.08 |
11 years |
Kilkenny County Council reported that its
Housing Loan System is updated on a monthly basis. It said that
standing order payments are credited to the accounts within 10 days of
the month following that to which they refer. Any credit balance on an
account is checked on a monthly basis and if a refund is due, it is
dealt with at that stage and the customer is notified to cancel the
standing order.
Of the 15 refunds identified, 9 relate to refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Kilkenny
|
15 |
£2,812.15 |
£187.48 |
4 |
£993.10 |
£17 |
2 years |
Kilkenny Corporation reported that its Housing
Loan System is updated on a monthly basis with payments by standing
order being credited to the individual account within two weeks of the
month to which they refer.
If a loan is redeemed in the middle of a month the standing
order payment is not updated at the date of redemption but any balance
is shown on the account the following month and, if a refund is due, it
is dealt with at that stage. In order to eliminate the need for refunds
the Corporation tries to ensure that the redemption figure given to an
account holder at the time of redemption is totally accurate. The
Corporation say that the account holder is notified to cancel any
standing order with their paying bank.
For the purpose of my investigation I am satisfied that the Corporation has a nil return.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Kilkenny Corp. |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Laois County Council indicted that, in February
1998, it had reviewed all loans which had expired or were redeemed.
This was almost one year before I brought the matter to its attention.
A total of 55 accounts were overpaid and refunds of £9,149.50 were
made. The Council currently carries out a quarterly review of all loans
redeemed/expired and refunds are made as they arise.
For the purpose of my investigation I am satisfied that the Council has a nil return.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Laois Co Cl |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Leitrim County Council informed me that, in
future, subsequent to the redemption of a loan, the borrower or his/her
solicitor will be advised that no further payments should be made on
the loan. The Council say that each account will be reviewed on a
regular basis and should any overpayments arise, refunds will be
processed as soon as possible.
Of the 27 cases referred to, 17 are for amounts of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Leitrim
|
27 |
£3,576.80 |
£132.47 |
3 |
£554.72 |
£5.53 |
5 years |
Limerick County Council stated that it produces
a report each month which gives details of the accounts which have been
paid off / expired the previous month but in respect of which monies
continue to be received. The borrower is advised to cease payments
immediately and, in the case of a standing order, confirmation is
sought from the borrower's bank that the standing order has been
cancelled. When the Council is satisfied that all the necessary steps
have been taken to prevent further credits occurring, a refund is made
to the borrower.
Of the 234 cases referred to below, 107 relate to amounts of £100 or over.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Limerick
|
234 |
£33,166.32 |
£141.74 |
22 |
£3,456.77 |
<£1 |
7 years |
Limerick Corporation advised that some of the
accounts identified may have been the subject of refunds in the past
but it is almost impossible to be absolutely sure as the computer tapes
on which the old data is held have conflicting densities with the
current software. The Corporation say that the above credits arose
because borrowers did not cancel their standing orders and no proper
tracking procedure was in place to highlight run-out loans. The
Corporation have since introduced revised procedures to highlight any
overpayments and to make any refunds, where appropriate.
Of the 106 cases identified 12 involved refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Limerick Corp. |
106 |
£5,205 |
£49.11 |
n/a |
£200 |
<£1 |
n/a |
Longford County Council said it has
introduced measures to ensure that overpayments do not arise in the
future. Borrowers are notified to cancel any standing orders or wage
deductions as appropriate following redemption of their loans. A
periodic check is kept on accounts which may be in credit and the
necessary arrangements are made to refund any amount as soon as
possible but in any event before the end of the relevant financial year.
Of the 139 cases identified, 69 involved refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Longford
|
139 |
£16,113.84 |
£115.93 |
18 |
£914.38 |
£ 5.03 |
n/a |
Louth County Council said that it is part of
its procedures to advise borrowers to cancel a standing order when a
loan is being redeemed. A follow-up check is carried out the following
month to ensure that the standing order has been cancelled and it is
now part of the Council's internal audit function to carry out periodic
checks on all loan accounts.
Of the 75 cases identified, 51 involve refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Louth Co Cl |
75 |
£13,247 |
£176.63 |
6 |
£1,045.84 |
£23.14 |
16 years |
Mayo County Council confirmed that it has revised its procedures, as follows:
When a loan is redeemed, the details are inputted to the Housing
Loan Computer System and also recorded in the manual register. A
computer printout is checked each month and in the case of clients who
do not cancel standing orders, refunds are made. A computer printout is
also checked each month in the case of mature loans and refunds made,
as appropriate.
Of the 57 accounts identified, 48 involved refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Mayo Co Cl |
57 |
£9,509.85 |
£166.84 |
11 |
£440.91 |
£5.67 |
10 years |
Meath County Council reported that it now has a
procedure in place to check, on a monthly basis, any credit balances on
redeemed and mature housing loans. The Council has confirmed that its
computer system now produces, when requested, a Credit Listing which
identifies all accounts which show a credit balance. This listing is
now regularly checked for accounts where instalments are paid after the
loan expiry date. The Council has engaged the services of a software
printing company to produce the necessary statements which comply with
Section 130 of the Consumer Credit Act, 1995.
Of the 217 accounts identified, 111 involved refunds of £100 or more.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Meath Co Cl |
217 |
£27,289 |
£125.76 |
14 |
£872.20 |
£20.01 |
16 years |
Monaghan County Council confirmed that it has a
system in place whereby a borrower is advised to cancel, by letter, his
/her standing order with the paying bank. If, by accident, a payment
was made, the Council's end of month checking procedures would
highlight the overpayment and the customer would be refunded
immediately. At the end of every month the capital payoffs on loans are
checked to establish any overpayments and if any are identified these
are refunded immediately. The Council also says that a non-live report
is printed at intervals. The purpose of this is to detect if any
additional payments come through to an expired loan and if any
overpayments are detected, they are refunded immediately.
For the purpose of my investigation I am satisfied that the Council has a nil return.
|
Council |
Number of cases |
Total refunds |
Ave. refund |
Highest no. of instalments overpaid (mths) |
Highest refund |
Lowest refund |
Longest elapsed time before refund was made (years) |
|
Monaghan Co Cl |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Offaly County Council confirmed that a monthly
credit listing is checked every month to ascertain if there are any
overpayments on mature and redeemed housing loans. There are occasions
when payments are received in respect of such loans. This occurs when
people forget to cancel their standing orders, even though, the Council
say, the borrowers are notified, in advance, that the loan is about to
expire and that no further payments are due. When overpayments are
received the Council writes to the borrowers immediately, requesting
them to cancel the standing order and, as soon as confirmation is
received that this has been done, a refund is made.
For the purpose of my investigation I am satisfied that the Council has a nil return
|
Council |
Number of cases |
Total refunds |
Ave. refund |
