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debt.............how long?

  • 08-02-2012 3:24pm
    #1
    frag420
    Registered Users, Registered Users 2 Posts: 6,161 ✭✭✭


    HI,

    Is there a time period before a company to whom someone owes money and the company has not contacted that person to collect the sum of money in over two yrs can then suddenly pass the debt on to a third party for collection?

    Now to clarify the person was paying the moneys owed as per the initial contract but ran into financial difficulties and made the company aware of this. After several call to and from the company and a request to have a copy of the original contract furnished the company ceased contact and was not heard from again until recently(over 2 yrs no contact). Now the debt is with a collection agency and they are looking for it to be paid up.

    I would like to know if when the company has made no effort to collect the debt or make contact can they all of a sudden sell it to a third party without making contact with the person who owes the debt.

    cheers

    frAg


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Simple answer is statute of limitations on a contract takes 6 years. So a company can sue you for upto 6 years. In relation to sending to a debt collection agency they can do so as long as the contract allows assignment (if they sold it) if they have not sold the debt then the collector is acting as agent. Admission of the debt starts the clock running again. If the person has money worries MABS may be able to help.


  • #3
    frag420
    Registered Users, Registered Users 2 Posts: 6,161 ✭✭✭frag420


    ResearchWill wrote: »
    Simple answer is statute of limitations on a contract takes 6 years. So a company can sue you for upto 6 years. In relation to sending to a debt collection agency they can do so as long as the contract allows assignment (if they sold it) if they have not sold the debt then the collector is acting as agent. Admission of the debt starts the clock running again. If the person has money worries MABS may be able to help.

    Can you elaborate on this for me. The company claim to have sent out a letter a few months ago(old address I presume) and today is the first the person has heard from them when they left a voicemail.

    By getting in contact would that be admission of the debt? Can the person ask the debt company to furnish a copy of the original signed contract? If this is not furnished as it was not done after previous request where does that leave the debtor??

    thanks

    frAg


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    frag420 wrote: »
    Can you elaborate on this for me. The company claim to have sent out a letter a few months ago(old address I presume) and today is the first the person has heard from them when they left a voicemail.

    By getting in contact would that be admission of the debt? Can the person ask the debt company to furnish a copy of the original signed contract? If this is not furnished as it was not done after previous request where does that leave the debtor??

    thanks

    frAg
    Contact of itself would not be an admission of a debt, yes you are of course entitled to all copies of the paper work. They will proberly require that you do a data protection request.


  • #5
    frag420
    Registered Users, Registered Users 2 Posts: 6,161 ✭✭✭frag420


    ResearchWill wrote: »
    Contact of itself would not be an admission of a debt, yes you are of course entitled to all copies of the paper work. They will proberly require that you do a data protection request.


    So to clarify...............if the debtor were to call the debt collection agency they are not admitting to the debt and they can request copy of original contract (through data protection request if required). Can one rewuest the original copy or can they just furnish a photocopy?

    As the agency has no other contact details apart from phone number is the debtor obliged to provide residentail address for further contact? Regarding recieving a copy of the contract could one use someone else address for postage?

    Lastly(for now I hope) if the debtor does not answer calls from the agency(private no) and they have no other way to contact him/her then where does that leave things.

    again thanks for help,

    frAg


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