Debt Collector company changing the agreement

dollydishmop

Hi all

This is probably in the wrong place, so if there's a more appropriate place for it to be, Mods please feel free to move it.

Long story short, I have an agreement with a debt collector (Intrum Justitia) to pay them a certain amount each month, following my mismanagement of a BoI loan I took out when I was previously in full-time employment (For what its worth Loan Protection Schemes stand for nothing, as I discovered when I was made redundant).

The agreement was for an affordable amount, and we have had no problem meeting the monthly payment. The arrangement has ticked along nicely for the last couple of years with no hassle at all.

However, on the 3rd of Jan I received the monthly payment notification, and they had doubled it! (so first question is, can they double the agreed payment without discussing it with me at all?)

We assumed it was two months at once, so paid it with out checking...but since we have checked and the December payment clearly shows on our bank statement, and I have the payslip stub on the desk in front of me.

Now to the second part of my dilemma.

The January payment letter was dated 3rd Jan 07, but it gave a due date of 29th Dec 06, and a deadline of 5 days. Well the date of the letter had already missed their own deadline! We made the double payment on the 4th.
So now on the 8th of Jan I receive another letter claiming a broken payment plan, and demanding the full amount immediately.

So, can they double the agreed amount on their own whim?
Shouldn't they give me a chance to pay and for the money to clear before they start getting hysterical and demanding immediate full settlement?

My next step is to ring them as soon as our bank account shows the money gone out of the account (so we have an electronic bank reference for the transaction...as well as the payslip receipt in our hands). Just checked the account online today, and the money hasn't gone out of our account yet (it was paid on the 4th).

So, before I phone them I would love the collective wisdom of those on here who can give me advice on this situation.

Thanks in advance.

jor el

From what I've read about Intrum Justitia this doesn't seem all that surprising. I'd say that what they are doing is not legal, having a due date of before the letter date is certainly not anyway. Upping the amount on a whim also doesn't seem right, unless there was anything in the original terms that you might have missed.

How did you make the payment? Was it a cheque or a bank transfer? Seems kind of strange that it hasn't cleared your account yet.

Keep everything you have in writing and try to contact them about it. If you get no joy then talking to a solicitor might be best.

RevBlueJeans

Contact MABS.

MABS is a national free, confidential and independent service for people in debt or in danger of getting into debt.

Sponge Bob

A deal is a deal and thats that, this is disgraceful and I am sure you are not the only one being browbeaten like this. Apart from MABS also contact the consumer association

http://www.consumers.ie/

and the ODCA

http://www.odca.ie/ odca@entemp.ie

and the financial regulator although they are useless and do not really care about the consumer just like those idiots in Comreg . thats

http://www.ifsra.ie

they are all well used to Intrum Justitia and its antics and can intervene directly with them on your behalf or with the bank that sold them the debt (BoI sold the debt to Intrum who now own it) . Sometimes the bank does a workout deal with you and THEN sells the debt without telling you .

bmaxi

Looks to me as if they're saying they didn't get a payment, in which case you would be in default. So long as you have documentary evidence to prove your bank made the payment on your behalf , then they have no case. These guys are bullies and chancers, I had an issue with them a couple of years ago when they pursued me on foot of a bill I didn't owe, even though I had sent them evidence of same. I happened to be with my solicitor one day and mentioned it to him. He picked up the 'phone and rang them saying to send all future correspondence to him, never a word since. It's a shame though if you have to shell out for legal advice through no fault of your own. Still best thing to do is get their side in writing, could be a storm in a teacup.

invadernim

I had a debt with vodafone which I couldn't pay as I returned to college, that company interim justicia was sending me really threatening letters saying that if I didn't pay withing 3/7/2 working days etc. they would send someone to my house to reposess everything of value I owned and would take me to court etc.

At my wits end, I called into a MABS office and they sorted everything out for me. They contacted them on my behalf and it seems that that company is all bravado when sending individuals out threatening letters but they never replied to one letter that MABS sent them (4 in all).

In the end, by Irish law, when you contact a debt collection agency to arrange payment, and they fail to respond, they only have a certain amount of time before the debt must be waived (According to the nice guy in the MABS office). In the end I didn't pay a cent and my credit rating hasn't been affected. I actually had no problem paying back what I owed as it was a debt I had incurred but it was just the way it turned out with Interim Justicia not bothering to respond to letters that sorted it out.

Red Alert

Is there not a case for banning these companies in the first place. They are essentially selling someone as a 'customer' of theirs who happens to owe money. They seem to operate like a threatening gang with a corporate face on them.

I haven't had to deal with one at all, and after reading this thread i'm glad. Their operations should be banned by law.

RainyDay

Red Alert wrote:

Is there not a case for banning these companies in the first place. They are essentially selling someone as a 'customer' of theirs who happens to owe money. They seem to operate like a threatening gang with a corporate face on them.

I haven't had to deal with one at all, and after reading this thread i'm glad. Their operations should be banned by law.

So how should Vodafone & other suppliers chase down those customers who do go out of their way to rip them off and leave unpaid debts?

Sponge Bob

if you ignore a debt or try to escape a genuine debt its fine for Intrum to chase you but if you are already paying it off BY ARRANGEMENT then they should be regulated should they not rainyday ??

Red Alert

Because presumably vodafone should have the wherewithall to bring you to court themselves.

A debt unpaid is a debt unpaid and should be treated as such and followed up on - just not by comapnies/organisations/individuals who behave in a threatening or abusive way.

RainyDay

Red Alert suggested that debt collection companies should be banned, not regulated. This is an entirely impractical suggestion.

dollydishmop

Sorry I didn't reply earlier. I had to go to the UK for two weeks at short notice.

So my OH phoned Intrum on my behalf, and apparently they were all happy, and the agreement continues as before. I can't remember the explanation of the double payment request...i'll badger the OH again when he gets home from work.

But thanks all for your helpful replies. I have a few more avenues to go down, and people to contact next time Intrum plays up.

Thanks again.

An Ri rua

invadernim wrote: »

At my wits end, I called into a MABS office and they sorted everything out for me. They contacted them on my behalf and it seems that that company is all bravado when sending individuals out threatening letters but they never replied to one letter that MABS sent them (4 in all).

In the end, by Irish law, when you contact a debt collection agency to arrange payment, and they fail to respond, they only have a certain amount of time before the debt must be waived (According to the nice guy in the MABS office). In the end I didn't pay a cent and my credit rating hasn't been affected. I actually had no problem paying back what I owed as it was a debt I had incurred but it was just the way it turned out with Interim Justicia not bothering to respond to letters that sorted it out.

Can you give us an idea where this piece of law can be found or how long the period is before the debt is waived?

eth0_

What exactly was the problem with BOI payment protection not covering the loan when you were made redundant?

One of my friends was made redundant last year and BOI are covering her loan no problem..she just has to get a form stamped by the dole once a month.

Sam Vimes

An Ri rua wrote: »

Can you give us an idea where this piece of law can be found or how long the period is before the debt is waived?

that person hasn't posted since april so you might have better luck calling MABS where he said he found the info

An Ri rua

Sam Vimes wrote: »

that person hasn't posted since april so you might have better luck calling MABS where he said he found the info

Thanks Sam. I appreciate that.

I already had called and emailed them though but they are totally swamped. Will keep on digging through the law myself and let ye know!

irishjig69b

these idiots are chasing me for a debt of 7450e for a car thats the only info they give me.....feck that....dunno what der talking

Max Power1

irishjig69b wrote: »

these idiots are chasing me for a debt of 7450e for a car thats the only info they give me.....feck that....dunno what der talking

is the car a delorean?

irishjig69b

rang them again.....i was told i owe 7450e for a car me....when did i get this so called car??????????????girl... cant say.........me....what kind of car.......girl.....cant say....who is the company who wants this money......girl....cant say.......big pause.....girl......how much can u pay......me......cant say........letter i get from these idiots only has my name address and their phone number plus ref number and how much is owed.....my final question to them was.....send me all the info on this so called car.....who,what,when and were....she then said we cant give that info out??????????????????? so basically they want 7450e euros or 350 a month for however long or they will bring me to court.....CANT WAIT..:D

jack presley

irishjig69b wrote: »

rang them again.....i was told i owe 7450e for a car me....when did i get this so called car??????????????girl... cant say.........me....what kind of car.......girl.....cant say....who is the company who wants this money......girl....cant say.......big pause.....girl......how much can u pay......me......cant say........letter i get from these idiots only has my name address and their phone number plus ref number and how much is owed.....my final question to them was.....send me all the info on this so called car.....who,what,when and were....she then said we cant give that info out??????????????????? so basically they want 7450e euros or 350 a month for however long or they will bring me to court.....CANT WAIT..:D

Is there a chance someone stole your identity (from a credit card statement thrown in the bin or something) and went on a spending spree using your details as collateral?

irishjig69b

first thing that entered my head.....however the fact that they wont tell me anything or post anything out to explain it, ranmg again this evening and was told nowt......so **** it, let them take me 2 court. my solicitor wants me to go to court so i will:)

Lenny

Ok irish.. first things first, can you use some paragraphs and a few less full stops?!

Did you ever go to purchase a car for a brother sister/relative you never see any more and go guarantor for the loan?(you may have not even realised you were at the time and may have just saw it as signing a piece of paper! I'm sure Intrum Justitia must know who the debt is from that they're acting on behalf?

irishjig69b

i like full stops.................................and no i did'nt sign anything...always my rule never to go guarantor 4 nobody........(love full stops):D and intrim justwankers wont tell me any fink...so as i said its of to court i go....

Lenny

Well if they can't obtain an orgional agreement then forget about the whole thing

irishjig69b

well finally got my day in court, and long story short, same name (me) different guy, in the clear....................................................................................oh look full stops............................................................................................................................................................

keithclancy

irishjig69b wrote: »

well finally got my day in court, and long story short, same name (me) different guy, in the clear....................................................................................oh look full stops............................................................................................................................................................

Well done .. only took 1 1/2 years :P

marienbad

keithclancy wrote: »

Well done .. only took 1 1/2 years :P

Full Stop !

fasttalkerchat

Don't forget that we don't have debt collectors in Ireland. If they threaten to send someone round to take your TV or whatever, they are threatening to burgle you. Make them aware of this and they will see how weak their position is and that you will not be pushed about.

fasttalkerchat

irishjig69b wrote: »

well finally got my day in court, and long story short, same name (me) different guy, in the clear....................................................................................oh look full stops............................................................................................................................................................

If you don't mind me asking, did you stick in a cheeky counter-claim?

irishjig69b

1 1/2 WAITIN WAS NOT BAD TO B FAIR AND YES COUNTER CLAIM GONE IN FOR STRESS LOL, WILL LET YE KNOW..........................................................................................................................................more full stops