High Court rules against €213,000 surcharge interest by Bank of Ireland over Mayo farmer's loan default
Bank of Ireland charged €213,671 in surcharge interest at 9 per cent on a defaulted €1.2 million loan to farmer James Boyle snr of Drumkeen, Claremorris, Co Mayo, after the 2017 facility went into default. The bank obtained a judgment of €1.15 million in May 2022. In April 2025, the High Court ruled that the 9 per cent surcharge rate was unconscionable and not a genuine pre-estimate of loss, and refused the bank an order requiring the estate of the since-deceased Boyle to pay the sum. The bank had suspended its surcharge interest practice in August 2021 after an internal review found its collection costs exceeded the income.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court21 Apr
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Bank of Ireland charged €213,671 in surcharge interest at 9 per cent on a defaulted €1.2 million loan.
- The loan was a 2017 facility to restructure borrowings for the development of five houses, to be repaid in full by May 2018.
- Where
- The borrower, James Boyle snr, was a farmer from Drumkeen, Claremorris, Co Mayo.
- When
- The surcharge interest was charged between August 2018 and May 2020.
- In court
- The bank obtained a judgment of €1.15 million in May 2022.
- In April 2025, the High Court ruled the 9 per cent surcharge rate was unconscionable and not a genuine pre-estimate of loss, and refused the bank an order for the estate of the since-deceased Boyle to pay the sum.
- Other details
- The bank suspended its practice of applying surcharge interest on all loans in default in August 2021.
- A 2022 internal review found the bank's costs of collecting surcharge interest exceeded the income derived from it.
8 statements extracted from the articles
- whatThe surcharge interest rate was 9 per cent, more than three times the original lending rate of 2.86 per cent (irishtimes.com)
- whatThe loan was a €1.2 million facility offered in 2017 to restructure borrowings to develop five houses (irishtimes.com)
- whereThe farmer was from Drumkeen, Claremorris, Co Mayo (irishtimes.com)
- whenThe facility was to be repaid in full by May 2018 (irishtimes.com)
- whenThe surcharge interest of €213,671 was charged between August 2018 and May 2020 (irishtimes.com)
- courtThe bank obtained judgment of €1.15 million in May 2022 (irishtimes.com)
- otherThe bank suspended its practice of applying surcharge interest on all loans in default in August 2021 (irishtimes.com)
- otherA 2022 internal review found the bank's costs of collecting surcharge interest were greater than the income derived from it (irishtimes.com)
The reporting
newest first- 21 Apr2025Judge rules against €213,000 charge by Bank of Ireland over €1.2m loan default by Mayo farmer
High Court judgment finding Bank of Ireland's 9 per cent surcharge interest rate was unconscionable, not a genuine pre-estimate of loss, and that the clause offended against the rule against penalty clauses
victim, James Boyle snr, male, irish (judged from name)James Boyle snr