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Debt collection agency worry

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  • Registered Users Posts: 6,186 ✭✭✭emo72


    davo10 wrote: »
    I think you are playing fast and loose with your advice to the OP. They also have the power to apply for a judgement against OP and you have no way of knowing for sure if they are motivated and willing to do so. If they do, your advice would have far reaching consequences for the OP, this is a risk OP should consider carefully. They may not of course go the legal root but if they do, ignorance is not a defence, OP will have agreed to the T&Cs when taking out the contract.

    only speaking from experience,mine and others. no-one i know has ever been brought before a court for such a small amount. but davo10 is technically correct. anything is possible.


  • Closed Accounts Posts: 2,391 ✭✭✭fro9etb8j5qsl2


    davo10 wrote: »
    Plans are €35 - €70 pm, so either it's ~ 6 months or OP ran way over monthly calls/data plan allowance. Either way it's not that easy to run up a €580 bill without knowing you are going over and above the usage you have agreed to pay for.

    Or maybe they are charging the OP for early cancellation of a contract? Either way, she didn't come here to be lectured for letting a bill run up.

    OP, the only thing I can tell you is that I was in a similar situation with a different mobile provider. There was a dispute when their so called insurance company refused to replace my phone which had been stolen even though I followed the correct claim procedure and had not been negligent with the phone. So i cancelled the contract, maintaining that I wasn't going to pay for something I didn't have. They started billing me monthly for almost €600. Then the letters from the debt collectors came monthly for 6 months. Then the mobile bills again. And then inexplicably, all went quiet and I haven't heard from either of them in over 2 years.

    I have no idea if O2 work the same way though.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    emo72 wrote: »
    only speaking from experience,mine and others. no-one i know has ever been brought before a court for such a small amount. but davo10 is technically correct. anything is possible.

    Emo, a quick google threw up an article from 2012 which stated that in the first 6 months of that year, O2 obtained 472 judgements for unpaid bills, the number increased 5 fold in the next month compared to the same period in 2007 so obviously they do go after some.


  • Registered Users Posts: 6,186 ✭✭✭emo72


    davo10 wrote: »
    Emo, a quick google threw up an article from 2012 which stated that in the first 6 months of that year, O2 obtained 472 judgements for unpaid bills, the number increased 5 fold in the next month compared to the same period in 2007 so obviously they do go after some.

    if they get a judgement against you, how do they get their money any quicker?


  • Registered Users Posts: 485 ✭✭generalmental


    I was in a similar situation a few years back but I had to deal with a charming crowd who knocked on the door and were "Threatening and intimidating" to my girlfriend........ Lets just say I was boiling with rage when he came back the next time...... He was un-politely told to go away and not to come back or the kettle of hot water might just slip out of my hand the next time. Paid the bill with what I could each week and never heard from them again... Most of them are just Shysters who prey on peoples fears and the fact that most of us are decent and pay our bills on time..


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  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    emo72 wrote: »
    if they get a judgement against you, how do they get their money any quicker?

    How does anybody who goes to the trouble of getting a court judgement? I suppose they don't know if it's a case of can't pay or won't pay, and at least if they have a judgement they have a better hope if seeing the money.

    For most, I suspect the threat is a powerfull motivator to pay what is owed, I know if it was me, I would want to jeopardise the chance of getting credit if I needed it in the future.

    I know the OP is in a bind but rightly or wrongly, I also suspect she knew she was running up the tab at the time, everybody in this predicament does or at least should.


  • Banned (with Prison Access) Posts: 23 frankxxxx


    davo10 wrote: »
    I know the OP is in a bind but rightly or wrongly, I also suspect she knew she was running up the tab at the time, everybody in this predicament does or at least should.

    You don't know that but you keep repeating it


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    frankxxxx wrote: »
    You don't know that but you keep repeating it

    Are you serious? You don't think someone would realise they were running up a €580 bill on their phone? Crickey.


  • Registered Users Posts: 6,186 ✭✭✭emo72


    davo10 wrote: »
    How does anybody who goes to the trouble of getting a court judgement? I suppose they don't know if it's a case of can't pay or won't pay, and at least if they have a judgement they have a better hope if seeing the money.

    For most, I suspect the threat is a powerfull motivator to pay what is owed, I know if it was me, I would want to jeopardise the chance of getting credit if I needed it in the future.

    I know the OP is in a bind but rightly or wrongly, I also suspect she knew she was running up the tab at the time, everybody in this predicament does or at least should.

    you are just a wee bit judgemental here, you suspect she ran up a bill, but you dont know.


  • Closed Accounts Posts: 249 ✭✭Laura Palmer


    emo72 wrote: »
    you are just a wee bit judgemental here, you suspect she ran up a bill, but you dont know.
    If she did, to mention it, isn't to lecture - it's simply to drive home the reality of how stupid and ill-advised the "Just don't pay", "Debt collectors have no power", "It's unreasonable for money to be looked for off you" stuff is.


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  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    emo72 wrote: »
    you are just a wee bit judgemental here, you suspect she ran up a bill, but you dont know.

    Am I missing something? Did OP not say in her opening post that she owes €580 and in a later post say it was to O2? I don't see any reference to a dispute over the bill, only with paying when debt collectors came a calling.


  • Registered Users Posts: 6,186 ✭✭✭emo72


    If she did, to mention it, isn't to lecture - it's simply to drive home the reality of how stupid and ill-advised the "Just don't pay", "Debt collectors have no power", "It's unreasonable for money to be looked for off you" stuff is.

    now now, i didnt say "Just don't pay", "Debt collectors have no power". pay what you can, is my advice and see what happens. once regular payments are coming in i think based on past experience that will be fine.


  • Banned (with Prison Access) Posts: 23 frankxxxx


    If she did, to mention it, isn't to lecture - it's simply to drive home the reality of how stupid and ill-advised the "Just don't pay", "Debt collectors have no power", "It's unreasonable for money to be looked for off you" stuff is.

    Debt collectors use various tactics

    If a company employs them it's reasonable for the debtor to have a game plan too

    For instance they may offer a 50percent discount


  • Closed Accounts Posts: 249 ✭✭Laura Palmer


    emo72 wrote: »
    now now, i didnt say "Just don't pay", "Debt collectors have no power". pay what you can, is my advice and see what happens. once regular payments are coming in i think based on past experience that will be fine.
    I didn't say YOU said those things. Well you did kinda say they have no power. But I agree - all Lukesmom can do is pay whatever she can budget for.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    frankxxxx wrote: »
    Debt collectors use various tactics

    If a company employs them it's reasonable for the debtor to have a game plan too

    For instance they may offer a 50percent discount

    It would seem the OP has tried this game plan already by offering €50 to no avail.


  • Banned (with Prison Access) Posts: 23 frankxxxx


    davo10 wrote: »
    It would seem the OP has tried this game plan already by offering €5, to no avail.

    You only get to the big rewards by holding out totally

    Once you start negotiating repayments you're on the hook and they start playing you out for more


  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    I'd do as advised before, email o2 first and offer €50 p/m, if they refuse offer the same to the debt collection agency again, via email. If they refuse just keep putting the €50 away, if they do take it to court you should have a tidy sum put away to give them and evidence to present to the judge that you were willing to pay as much as you could. That's what I would do.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    frankxxxx wrote: »
    You only get to the big rewards by holding out totally

    Once you start negotiating repayments you're on the hook and they start playing you out for more

    So you advocate not paying at all? There is a certain degree of risk for the OP in following your advice wouldn't you think? What if they follow through with a judgement, will OP think your advice was sound?


  • Registered Users Posts: 8,035 ✭✭✭Guffy


    Do debt collection agencies have any authority to enter a house if no one is home when they call?


  • Registered Users Posts: 24 Vala


    Don't worry pet. I'd a friend who owed 100 times more for a work vehicle and got a letter from mabs to this debtor to pay €1 a week because he lost his job and couldn't meet his repayments. The bloke was knocking on his door late evening, threatening all sorts until he handed him this letter. €560 is nothing.


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  • Registered Users Posts: 4,550 ✭✭✭enfant terrible


    Do the Sheriff's have as much power over here as they do in the UK?

    Seems they can take whatever they want off you to recoup what you owe.



  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    gufc21 wrote: »
    Do debt collection agencies have any authority to enter a house if no one is home when they call?

    Definitely not. That would be trespassing, possibly Breaking & Entering.

    Posters please refrain from assumptions about the origin of the debt. Stick to offering helpful advice to the OP.

    dudara


    OP - the simple fact is that the debt collection agency will want to collect the money as quickly as they can. Assess your finances and offer to pay as much as you can a month. Do not offer a minimal amount as that will protract the situation. But don't feel pressurised to pay more than you can afford either.

    Have you managed to make any contact with O2 yet?


  • Registered Users Posts: 4,400 ✭✭✭lukesmom


    Yes I emailed O2 customer care today explaining the situation and asking if I can pay O2 €50 per month. I'm just hoping for a reply back.


  • Closed Accounts Posts: 249 ✭✭Laura Palmer


    lukesmom wrote: »
    Yes I emailed O2 customer care today explaining the situation and asking if I can pay O2 €50 per month. I'm just hoping for a reply back.
    Give them a few days for turnaround. It's likely they'll say they can no longer deal with the debt because it has been passed to a third party. This is legit. If they do, give the debt agency a ring - don't be intimidated, ultimately it's only a phone-call. :)


  • Registered Users Posts: 50 ✭✭philc1974


    Just pay 50 to debt company, try doing it via internet banking too, its easier to keep account of what you paid them. the amount you owe will NOT land you on front of a judge, they wont really pursue you like they would if you didnt, they will try to get you to pay more, they will most prob call you on the phone, just hang up on them or just put phone down after they call you, it will most likely be a private number you will see on your moby screen, or ask that ALL correspondence be done via letters, its easier to track your movements, and theirs, but just continue to pay 50 quid til your debt is cleared, then you are free of them.

    I owe more than you do sir and i basically explained ONCE to them i could only afford to pay x amount, they tried it on a few times for a week or two but finally accepted my situation and accepted my offer and payment.

    Dont be fretting about the situation, they play games with peoples emotions and fears thats all, with the objective to extract as much as they can, the more they extract, the more they get.. (Commission)

    You will be fine ;)


  • Closed Accounts Posts: 12,318 ✭✭✭✭Menas


    Hang in there OP, not nice to have these vultures harassing you.

    The most sound advice has already been given here and by contacting o2 and offering €50 per month you are doing the best thing. Failing that persist with your €50 offer to the DC company.
    Document everything along the way and dont let them get ya down!


  • Registered Users Posts: 73 ✭✭Scruffy...The Janitor


    Just to echo what a lot of other people are saying. Just pay what you can. Get bank details off either the debt collection company or O2 and put what you can in each week. Almost certainly you'd never see the inside of a court over a sum like that but if you did, and it's still months down the line, it'll go massively in your favour.
    Do the Sheriff's have as much power over here as they do in the UK?

    Seems they can take whatever they want off you to recoup what you owe.
    <SNIP> DO NOT QUOTE VIDEOS ETC

    Sheriffs do have power in this country. But debt collector companies like this are in no way connected to the sheriffs in Ireland. The rights they have with regard to collecting a debt are exactly the same as if you lent me money and I wanted to get it back. They cannot enter a property without permission, take any of your property without consent or bully you at your door.


  • Registered Users Posts: 4,400 ✭✭✭lukesmom


    Well low and behold I received another letter from the debt collection agency today.

    LEGAL ACTION NOTICE

    Despite repeated requests for payment your overdue account in the sum of €557.69 with our clients O2 remains unpaid.

    Consequently, authority has now been granted to proceed with Legal Actuin against you with full interests and costs being sought.

    Call this office on 01 xxxxxxx within 24 hours where an advisor will assist in resolving this matter before further action is taken.

    This may at this stage involve your account being passed to a 3rd party field agent, who may contact you directly in order to discuss and agree repayment of the debt.


  • Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    lukesmom wrote: »
    Well low and behold I received another letter from the debt collection agency today.

    LEGAL ACTION NOTICE

    Despite repeated requests for payment your overdue account in the sum of €557.69 with our clients O2 remains unpaid.

    Consequently, authority has now been granted to proceed with Legal Actuin against you with full interests and costs being sought.

    Call this office on 01 xxxxxxx within 24 hours where an advisor will assist in resolving this matter before further action is taken.

    This may at this stage involve your account being passed to a 3rd party field agent, who may contact you directly in order to discuss and agree repayment of the debt.

    That just a nice way of trying to frighten you into paying more than you can afford. Write back to them and inform them that you have contacted O2 with an offer and are awaiting a reply. If you wish, you could also ring that number and inform them verbally as well.Keep the call as short as you can and don't commit to anything.


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  • Registered Users Posts: 73 ✭✭Scruffy...The Janitor


    lukesmom wrote: »
    Well low and behold I received another letter from the debt collection agency today.

    LEGAL ACTION NOTICE

    Despite repeated requests for payment your overdue account in the sum of €557.69 with our clients O2 remains unpaid.

    Consequently, authority has now been granted to proceed with Legal Actuin against you with full interests and costs being sought.

    Call this office on 01 xxxxxxx within 24 hours where an advisor will assist in resolving this matter before further action is taken.

    This may at this stage involve your account being passed to a 3rd party field agent, who may contact you directly in order to discuss and agree repayment of the debt.


    Don't worry too much. I've been through the whole process excluding court. The next step will be letters from a 'Solicitor' (solicitor will go by a different name but is also employed by the debt collection agency) That will go on for another couple of months. Eventually there will be a 'summons' sent out. I've heard that these are sometimes bogus and just another scare tactic. That was as far as I got and I never kept the summons so I had no way of going back and checking it to see if it was legit.

    Like i sad before just pay what you can. I would be very surprised if they pursued €557 through the courts.

    Oh and if this 'Field agent' actually does turn up, feel free to tell him to leave your property if you don't want him there. He has no more right to be there than your average tom dick or harry and is just as subject to trespass laws as anyone else.


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