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Debt collectors

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  • 16-10-2012 10:52pm
    #1
    rainbows7
    Registered Users Posts: 92 ✭✭


    Signed into phone contract, wasn't happy with coverage, informed staff but fell on deaf ears, returned phone to store within my 14 day cooling off period and stopped direct debits. Still getting monthly bills, which I'm ignoring, now debt collectors letters and now solicitors letter.

    Where do I stand?
    Do I have to pay this crazy outstanding amount for a phone I returned within cooling off period? We did not come to an agreement in the store so I felt I had no choice but to return.

    Can I ignore solicitors letter? What is going to be the outcome?
    Letters are stressing me. Yet I refuse to pay because I believe I was within my right.


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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    hazel111 wrote: »
    Signed into phone contract, wasn't happy with coverage, informed staff but fell on deaf ears, returned phone to store within my 14 day cooling off period and stopped direct debits. Still getting monthly bills, which I'm ignoring, now debt collectors letters and now solicitors letter.

    Where do I stand?
    Do I have to pay this crazy outstanding amount for a phone I returned within cooling off period? We did not come to an agreement in the store so I felt I had no choice but to return.

    Can I ignore solicitors letter? What is going to be the outcome?
    Letters are stressing me. Yet I refuse to pay because I believe I was within my right.
    Did the store agree to take the phone back under the cooling off period? If they did then they may not have cancelled the contract.


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    #3
    ZENER
    Registered Users Posts: 6,163 ✭✭✭ZENER


    Personally if I'd returned the phone and told them the reason why I'd let them sing for it ! Direct Debit cancelled and I'd totally ignore the letters. Been there with Vodafone in the past, eventually they stopped sending me fanmail! They sell the debt to an agency for a minuscule amount and then they hope to intimidate you into compliance.

    For me, giving back the handset shows you are no longer interested in their service. If you'd kept it then that would be a different situation completely. Stand fast !!

    Ken


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    #4
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    Did you obtain written confirmation from the store that you had handed back in the phone and hence, rescinded the contact under the 14 days cooling off period?

    If you don't have that proof, then it's hard to say that the contract was indeed cancelled.


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    #5
    zef
    Closed Accounts Posts: 947 ✭✭✭zef


    Was it Vodafone? Some of their antics are shocking. I am getting the same sort of letters over a contract i was mislead into agreeing to on the phone.
    As i did not sign anything, and cancelled the contract on the phone, and changed to another provider, I don't feel I owe them any money either.
    I could go into a lot more detail about my friends business vodafone acc & how they sent him an erroneous bill of 500 euro. Which after a LOT of hassle and phonetime (2 months every day) to them they cancelled that bill. Its like stealing, but legal...


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    #6
    dave1982
    Registered Users Posts: 4,604 ✭✭✭dave1982


    Anyone know what a bailiff can do exactly if they did buy a debt?


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    #7
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    dave1982 wrote: »
    Anyone know what a bailiff can do exactly if they did buy a debt?
    Nothing without going to court and getting a court judgement against you, they must then go through the county sheriff to take items from you but this usually only happens if the sheriff feels that you have items which will meet the value of the debt plus the sheriffs costs.

    Private bailiffs have no powers at all to enter your property or seize goods money cars etc.

    The bailiffs can't affect your credit rating unless they obtain a judgement against you.


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    #8
    dave1982
    Registered Users Posts: 4,604 ✭✭✭dave1982


    Thanks watching the tv show Bailiffs is scary the power they have.


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    #9
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    dave1982 wrote: »
    Thanks watching the tv show Bailiffs is scary the power they have.

    In the UK perhaps. Different set of laws here where private bailiffs have no more authority than any other citizen.


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    #10
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Even in the UK (Well lets say England and Wales as Scotland has its own legal system) I believe they had to gain access through permission or without damaging anything (open window). Whether that has changed I couldn't tell you. I suppose the bottom line is we're not the UK and don't believe everything you see on the telly. (Thats assuming you still have a telly in a few weeks :P)


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    #11
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    If you are getting solicitor's letters, that is one thing. However, it could be that a summons will come in the post next.

    It would be a good idea to go to solicitor at this stage, for the following reason.

    I don't have all of the details of your situation, but in many debt collection cases it is possible for the plaintiff to get judgment by default if the defendant does not give a notice of intention to defend to the court within a certain time after service of the summons. In this way, the plaintiff can get judgment without physically having to go to court, and the defendant is left scratching his head, wondering how it happened.

    If you go to a solicitor now, you can expect to get proper advice, and if the above scenario applies to you, there will be more time to arrange your defence.


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    #12
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,841 Mod ✭✭✭✭whiterebel


    I hope its not 3, as they don't have a 14 day cooling off period UNLESS they agree that you cannot get reception on your handset......


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    #13
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,586 CMod ✭✭✭✭faceman


    OP no need to engage the services of solicitor. Ignore what you see on tv

    In Ireland if someone is successfully sued in court over non payment of debt, the plantiff can engage the services of a sheriff but if your case is over the non payment of phone bills its unlikely to happen.

    Either way, what you should do is sent a registered letter to the store you returned the phone to and to the phone operator's complaints department. If you have received a solicitor's letter then send them a copy too.

    In the letter give all the details imuding details of your cancellation including dates and names of people you dealt with. Keep a copy of the letter.

    Assuming you cancelled without penalty as per the contract you should be grand.


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    #14
    RoboRat
    Registered Users Posts: 2,466 ✭✭✭RoboRat


    Either way, what you should do is sent a registered letter to the store you returned the phone to and Vodafone's complaints department. If you have received a solicitor's letter then send them a copy to

    Lets get off the jump to conclusion mat, the OP never mentioned a provider so lets not assume that its Vodafone.

    In regards to what can be done, as far as I know the 14 day cooling off period only extends to distance buying (ie over the internet) or if its specifically offered by a retailer or company. If you went in and signed up instore and they have not specified that there is a 14 day cooling off period, then you really have no grounds for complaint based on this BUT you do have a complaint based on them offering a service which they are not providing. You do however need to give them the chance to rectify the situation and if you have copies of the letters or communications, there shouldn't be an issue as you have done that.


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    #15
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,586 CMod ✭✭✭✭faceman


    RoboRat wrote: »

    Lets get off the jump to conclusion mat, the OP never mentioned a provider so lets not assume that its Vodafone.

    Fair comment I inadvertly picked it up like that in error


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    #16
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,841 Mod ✭✭✭✭whiterebel


    RoboRat wrote: »
    Lets get off the jump to conclusion mat, the OP never mentioned a provider so lets not assume that its Vodafone.

    In regards to what can be done, as far as I know the 14 day cooling off period only extends to distance buying (ie over the internet) or if its specifically offered by a retailer or company. If you went in and signed up instore and they have not specified that there is a 14 day cooling off period, then you really have no grounds for complaint based on this BUT you do have a complaint based on them offering a service which they are not providing. You do however need to give them the chance to rectify the situation and if you have copies of the letters or communications, there shouldn't be an issue as you have done that.

    Distance selling is 7 days, not 14.


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    #17
    RoboRat
    Registered Users Posts: 2,466 ✭✭✭RoboRat


    My bad, it is 7 days.


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    #18
    AllthingsCP
    Registered Users Posts: 680 ✭✭✭AllthingsCP


    This happened to me with mobile Internet, I ordered a product online the wrong product was sent to me, i return the next day one year on i receive a huge bill, i phone them up they said i never return the product lucky for me i copy and store all mail and corresponding in-case this happens sent Vodafone the details they retracted their bill no apology just a smart ass on the other end of the phone!.


    They where senting these letters to my old address so it affected me getting another Internet provider or Phone for that matter, till the person in the address handed me the letters and i seen what was happening.


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    #19
    jonnny68
    Closed Accounts Posts: 3,670 ✭✭✭jonnny68


    Ignore the calls and letters they will stop after a few months and nothing will become of it.


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    #20
    AllthingsCP
    Registered Users Posts: 680 ✭✭✭AllthingsCP


    jonnny68 wrote: »
    Ignore the calls and letters they will stop after a few months and nothing will become of it.

    Spot on mate, let them treaten away can not get blood from a stone :D


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    #21
    xpletiv
    Registered Users Posts: 1,006 ✭✭✭xpletiv


    TBH, Id report it somewhere; ,maybe national consumer watchdog or something? Just make sure it hasnt affected your credit rating as well, and if it has, then appeal it somehow.


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    #22
    emeldc
    Registered Users Posts: 2,594 ✭✭✭emeldc


    AllthingsCP wrote: »
    Spot on mate, let them treaten away can not get blood from a stone :D

    No, but they can get a judgement against a stone :rolleyes:


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    #23
    AllthingsCP
    Registered Users Posts: 680 ✭✭✭AllthingsCP


    emeldc wrote: »
    No, but they can get a judgement against a stone :rolleyes:

    I know two people that owed not massive amounts but size-able enough,when to court judge made a judgement to allow the person's in question to pay 6.50 monthly to clear the debt, where the debt collectors wanted 40 monthly big differences.

    Also some people get free legal aid.


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