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Debt collectors before their time

  • 27-07-2008 8:03pm
    #1
    Closed Accounts Posts: 991 ✭✭✭


    I have a question

    I employed the services of Loss adjusters for water damage in my house last year or so. After much procrastination from them I finally got a cheque from the insurance company. I knew they charged a fee and I thought I'd just wait for an invoice and pay it. About six months later after all the work was done and money spend they sent me a bill for €500 odd. I deilberately ignored this invoice, as they made me wait and so I would make them wait. I work for a company that deals with people not paying their bills, and so I am familiar enough with a collection process.

    Anyhoo, I got a letter from a Debt recovery agency on friday to collect the amount that I owed the loss adjuster. I noticed that they didn't post their own fee on to it (yet)

    I recieved absolutely no reminder letters about the balance, no final demand no communication whatsoever barr the initial invoice.

    I realise that my own ignorance has gotten me into this situation and that'y my own fault, but I thought I would at least have gotten a reminder?

    My question is, can a company employ a collection agency to recover funds like this without any final notification or even any reminder to give the debtor an oppertunity to pay? I don't know the legal ins and outs of this, so someone here might know? Also, can they do this and subsequently affect my credit rating without written notification?

    That is all. Thanks


Comments

  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Only financial institutes can effect your credit rating, debt collectors cannot. The loss adjuster may not be allowed to send any of your details on to a third party, without notifying you. Consult the terms for whatever agreement you had, for info on this.


  • Closed Accounts Posts: 991 ✭✭✭Big_Mac


    No agreement was signed. Phone call, guy called over had a chat, ambiguous fees mentioned. few phone calls, cheque in the post, invoice, debt collectors. Thats the extent of it so I don't have terms and conditions of an agreement.


    EDIT: Just checked their website, and no conditions of service anywhere to be found


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    The way it looks is they sent you an invoice which you ignored. They have now sold this onto a 2nd company to recover so I'd say you don't have much option but to pay. Also there are companies advertising that they'll chase down unpaid invoices for you, they could be using one of these.


  • Registered Users, Registered Users 2 Posts: 1,266 ✭✭✭MysticalSoul


    When did you actually receive the invoice?


  • Closed Accounts Posts: 991 ✭✭✭Big_Mac


    When did you actually receive the invoice?

    Good few months ago. Don't get me wrong I've no problem paying the bill, I had originally intended to, only make him wait for it a bit.

    I'm perfectly happy to pay him, but I was of the impression that they had to give you at least one reminder or red letter before selling it off.?


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  • Closed Accounts Posts: 3,357 ✭✭✭Beano


    Big_Mac wrote: »
    Good few months ago. Don't get me wrong I've no problem paying the bill, I had originally intended to, only make him wait for it a bit.

    I'm perfectly happy to pay him, but I was of the impression that they had to give you at least one reminder or red letter before selling it off.?

    Forget about the debt recovery agency and just pay the guy directly.


  • Closed Accounts Posts: 1,133 ✭✭✭Slice


    They're obliged to issue a final demand before sending you for debt collection. The only thing that can impact your credit rating is if you make a late payment to a financial institution or if you have a judgment passed against you


  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    Pay the guy direct and once the cheque is cashed its his problem :)

    Debt Collectors always talk dirty , its their job.


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