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Wrong address

  • 17-10-2014 9:45pm
    #1
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    I have received letters from debt collector in relation to Vodafone. The address on the letters is right apart from last line. Example if i live in Co. Donegal the letters keep saying Co. Galway. I keep sending them back saying wrong address. I haven't opened any of them and I don't know if a judgement has been given or not. I haven't got one in a while now. Does anyone know what will happen next?


Comments

  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Well do you owe money or is it a genuine mistake or for a previous tenant/owner.

    Very little info in post.


  • Registered Users, Registered Users 2 Posts: 567 ✭✭✭DM addict


    Hunter333 wrote: »
    I have received letters from debt collector in relation to Vodafone. The address on the letters is right apart from last line. Example if i live in Co. Donegal the letters keep saying Co. Galway. I keep sending them back saying wrong address. I haven't opened any of them and I don't know if a judgement has been given or not. I haven't got one in a while now. Does anyone know what will happen next?

    Have you got an unpaid contract with Vodafone? Is there a reason for Vodafone coming after you for money?

    How likely is it that there's someone in Galway with your same name and (mostly) same address? (As in, are you John Murphy, Main Street, or something similar?)


  • Registered Users, Registered Users 2 Posts: 55 ✭✭Hunter333


    I do owe money. I made contact with Vodafone give me the debt collector number and deal with them. This is before any letters came. I made a offer and I was told they would get back to me which never happened. I then started getting letters. It's just the county that's wrong but I was told by few people dat i had told about address that address is wrong and send it back saying wrong address.


  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    Hunter333 wrote: »
    I do owe money. I made contact with Vodafone give me the debt collector number and deal with them. This is before any letters came. I made a offer and I was told they would get back to me which never happened. I then started getting letters. It's just the county that's wrong but I was told by few people dat i had told about address that address is wrong and send it back saying wrong address.

    If the address is that utterly wrong then the mail wouldn't arrive to you, should it?


  • Registered Users, Registered Users 2 Posts: 567 ✭✭✭DM addict


    Hunter333 wrote: »
    I do owe money. I made contact with Vodafone give me the debt collector number and deal with them. This is before any letters came. I made a offer and I was told they would get back to me which never happened. I then started getting letters. It's just the county that's wrong but I was told by few people dat i had told about address that address is wrong and send it back saying wrong address.

    Address can't be that wrong if they keep getting delivered.

    To be honest, if you owe them money and you're getting letters about it delivered to your house, the fact that your address is slightly wrong (but not wrong enough that they don't get delivered) isn't really going to hold any water.
    Hunter333 wrote: »
    I made a offer and I was told they would get back to me which never happened.

    Possibly these letters ARE them getting back to you? After all, you've never opened them.


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  • Registered Users, Registered Users 2 Posts: 55 ✭✭Hunter333


    Well it's still wrong. People who receive penalty points with a letter left out of address or a spelling mistake seem to get away with it.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Hunter333 wrote: »
    Does anyone know what will happen next?

    If the debt collector is not getting results, the creditor's options are to hand it over to solicitors to issue proceedings or simply to forget about it.

    Many solicitors have little interest in carrying out the volume of work that may be involved in collecting a sum of less than €1,000, because it doesn't tend to pay enough in relation to the time and effort that tends to be involved.


  • Registered Users, Registered Users 2 Posts: 55 ✭✭Hunter333


    Will it effect my credit?


  • Registered Users, Registered Users 2 Posts: 1,299 ✭✭✭moc moc a moc


    Hunter333 wrote: »
    I do owe money.

    Then grow up and pay your bill. Are you going to try to run away from your responsibilities for the rest of your life?


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    If the debt collector is not getting results, the creditor's options are to hand it over to solicitors to issue proceedings or simply to forget about it.

    Many solicitors have little interest in carrying out the volume of work that may be involved in collecting a sum of less than €1,000, because it doesn't tend to pay enough in relation to the time and effort that tends to be involved.

    I think some of these guys are employing solicitors to work in house now though.


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  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    So, what you're really asking is, "can I get away with not paying this bill?".

    Answer: yes, most likely.

    Then ask yourself what kind of person runs away from a phone bill they ran up. I know a guy just like that. He is in his mid thirties and lives with his mum. He owes money to every irish network and can't get a bill phone for the foreseeable future.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    I think some of these guys are employing solicitors to work in house now though.

    Didn't know that, although credit unions do it. Makes sense, I suppose.

    Even for an in-house solicitor whose job is to chase lots of debts, it can be a waste of time and effort to pursue difficult or impecunious debtors for small amounts. Also committal summonses have to be served personally, which is another layer of cost, which can be significant in relation to a debtor who is actively attempting to evade service. Sometimes, Gardai can be slow to enforce bench warrants that issue when debtors fail to turn up.

    If this type of debt collection work is costed properly, it is often more expensive to collect the smaller amounts, than to write them off.


  • Registered Users, Registered Users 2 Posts: 55 ✭✭Hunter333


    Well I'm married have my own house own car. I owe money to nobody but the mortgage. I'm just wondering what would happen dats al. If anyone could get away with it they would. If it comes down to it I will pay it.


  • Registered Users, Registered Users 2 Posts: 55 ✭✭Hunter333


    If you could get away with it would you?


  • Registered Users, Registered Users 2 Posts: 872 ✭✭✭Deskjockey


    How much are we talking about roughly, out of interest


  • Registered Users, Registered Users 2 Posts: 55 ✭✭Hunter333


    Around €900


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    No Hunter333. If I sign up for a contract, I am agreeing to pay for the service and so I pay for it. I know I could get away with a few service bills if I ignored them, but I am an honest person and pay my way. If the bill was in dispute, that would be different, but as you have not mentioned anything of the likes of this, I would assume the bill is correct and in order, save for the county it is addressed to. €900 is certainly a chunk to pay, but it's your bill and you shoukd pay it. Whether you choose to, or not, is up to you. For €900, they will more than likely come after you.


  • Registered Users, Registered Users 2 Posts: 872 ✭✭✭Deskjockey


    That's a fair chunk of change. Personally I would just pay it if I owed it, the stress that a few hundred quid like that would bring on wouldn't make skipping out on it worthwhile. I would hate to have a judgement registered against me.

    People are all different though, what would have one person up all night might not effect someone else half as much.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Hunter333 wrote: »
    If you could get away with it would you?

    Hunter333, first you asked about what would happen next in the debt collection process. That's okay.

    Now you are asking if people would try to get away with it, if it was possible to do so. That has no relevance to Legal Discussion, but I imagine that it's going to annoy other posters.

    Please try to stay on topic.


  • Registered Users, Registered Users 2 Posts: 567 ✭✭✭DM addict


    Hunter333 wrote: »
    Around €900


    That's enough that there's a serious risk they'll go after you for it. Also, you do actually owe them the money. Pay it.

    Also no, I wouldn't get away with it if I could. If I've used a service with no disputes/problems, then I pay for it.


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  • Registered Users, Registered Users 2 Posts: 1,179 ✭✭✭salamanca22


    For €900 they will more than likely issue proceedings against you. This will bring up all sorts of problems for you, least of all the tacked on legal costs.
    Hunter333 wrote: »
    Well I'm married have my own house own car. I owe money to nobody but the mortgage. I'm just wondering what would happen dats al. If anyone could get away with it they would. If it comes down to it I will pay it.

    Well by your own admission you do owe the money to someone

    Pay your bills op.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 42 Irish Musician


    You owe it? Seriously? Why would you not pay it? If I can get away with I will bla bla bla. Post your name and address so everyone who might do business with you can stay clear.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Mod:

    Legal Discussion concerning the debt is welcome.

    Moral outrage directed at the OP or otherwise is not relevant to Legal Discussion, not useful and not welcome.


  • Registered Users, Registered Users 2 Posts: 1,722 ✭✭✭rock22


    Hunter333 wrote: »
    I have received letters from debt collector in relation to Vodafone. The address on the letters is right apart from last line. Example if i live in Co. Donegal the letters keep saying Co. Galway. I keep sending them back saying wrong address. I haven't opened any of them and I don't know if a judgement has been given or not. I haven't got one in a while now. Does anyone know what will happen next?

    Just to get back to the address issue.
    Many towns straddle county , eg Athlone, Carlow. I assume that the House, street/road and Town are all correct on the letters.
    Putting the wrong county on the address would not invalidate the debt. Vodafone, or their agents, tried to contact you. You received the correspondence but decided not to engage with it. Hardly a defense.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    rock22 wrote: »
    Just to get back to the address issue.
    Many towns straddle county , eg Athlone, Carlow. I assume that the House, street/road and Town are all correct on the letters.
    Putting the wrong county on the address would not invalidate the debt. Vodafone, or their agents, tried to contact you. You received the correspondence but decided not to engage with it. Hardly a defense.

    This was my thinking. If it was the difference between Kerry and Galway there might be an issue but if we're talking about a place that simply straddles a border, which I assume we are as the letters reach you, then hiding under the blankets won't make it go away.


  • Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    Hunter333 wrote: »
    Well it's still wrong. People who receive penalty points with a letter left out of address or a spelling mistake seem to get away with it.
    No they don't. The district court has the power to amend the summons on the spot to fix minor mistakes and typos (as long as they do not prejudice the defence).


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    rock22 wrote: »
    Just to get back to the address issue.
    Many towns straddle county , eg Athlone, Carlow. I assume that the House, street/road and Town are all correct on the letters.
    Putting the wrong county on the address would not invalidate the debt. Vodafone, or their agents, tried to contact you. You received the correspondence but decided not to engage with it. Hardly a defense.

    This is correct.

    However, it is noteworthy that if proceedings are brought within the wrong court district, then the court will have no jurisdiction to deal with the matter. On this basis, a defendant could ask for the proceedings to be dismissed, and could seek costs.

    However, of itself, this would not preclude a potential plaintiff from bringing fresh proceedings in the correct jurisdiction afterwards.

    If enough time elapses before the issue of correct proceedings, a defendant might have scope to raise the Statute of Limitations as a defence.


  • Registered Users, Registered Users 2 Posts: 1,722 ✭✭✭rock22


    This is correct.

    However, it is noteworthy that if proceedings are brought within the wrong court district, then the court will have no jurisdiction to deal with the matter. On this basis, a defendant could ask for the proceedings to be dismissed, and could seek costs.

    However, of itself, this would not preclude a potential plaintiff from bringing fresh proceedings in the correct jurisdiction afterwards.

    If enough time elapses before the issue of correct proceedings, a defendant might have scope to raise the Statute of Limitations as a defence.

    The plaintiff, Vodafone, can bring the case to court based on where the contract was agreed.

    From the Court services website
    If the plaintiff chooses,
    - in proceedings based on contract, where the contract was made



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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    rock22 wrote: »
    The plaintiff, Vodafone, can bring the case to court based on where the contract was agreed.

    From the Court services website
    If the plaintiff chooses,
    - in proceedings based on contract, where the contract was made


    Yes.

    But your previous post was about potentially bringing proceedings in the wrong county, by mistake. I presume that you mean this will be in the wrong jurisdiction (although some district court areas also straddle counties).

    So what are you saying now?


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