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debt collectors involved where there was never a debt

  • 09-03-2016 1:54pm
    #1
    slipstream
    Registered Users, Registered Users 2 Posts: 199 ✭✭


    a year ago i got a rear car window replaced by multi outlet car window company in dublin for which service i paid about 100 - 200e in cash as far as i remember.

    today, i get a phone call from a debt collections agency asking for payment of my unpaid debt to the window company.

    they now want me to provide proof of payment or i will have to pay again.

    i was a bit shocked by the call given that i never entered into any kind of credit arrangement in the first place!

    it possible but unlikely that i have the receipt somewhere.

    how would you proceed!?


Comments

  • #2
    emeldc
    Registered Users, Registered Users 2 Posts: 2,598 ✭✭✭emeldc


    Ask them to provide the paperwork which said you had a credit arrangement with the company in the first place.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Ignore them, the notion that you got the glass replaced on credit is ludicrous.

    Alternatively, ask them to show you the order with your signature on it where you engaged the company to replace the window and you agreed to pay later.


  • #4
    slipstream
    Registered Users, Registered Users 2 Posts: 199 ✭✭slipstream


    coylemj wrote: »
    Ignore them, the notion that you got the glass replaced on credit is ludicrous.

    Exactly. Its not like I was presented with a not paying the bill immediately option!


  • #5
    BrokenArrows
    Registered Users, Registered Users 2 Posts: 7,501 ✭✭✭BrokenArrows


    as said previously just ask them to send you a copy of the credit agreement with your name on it and your signature.
    If they cant produce it then thats it.


  • #6
    slipstream
    Registered Users, Registered Users 2 Posts: 199 ✭✭slipstream


    BrokenArrows wrote: »
    as said previously just ask them to send you a copy of the credit agreement with your name on it and your signature.
    If they cant produce it then thats it.

    will do. thanks for the advice.


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  • #7
    Lucena
    Registered Users, Registered Users 2 Posts: 1,304 ✭✭✭Lucena


    As has been already said, it's up to them to prove that there's a debt, with actual paperwork. If they don't have that, they can take a hike. You might want to get as many details as possible of this company and how they operate, and pass it on to the relevant authorities (gardai?). Imagine them doing this with an elderly person living alone.


  • #8
    DrumSteve
    Registered Users, Registered Users 2 Posts: 10,798 ✭✭✭✭DrumSteve


    Sounds to me like the company in question probably sent a bulk debt book to the DCA in question (and didn't check individual files). Who was the Debt Collector who contacted you?

    I'd ask them to produce the invoice they received from the creditor. I'd imagine if they took your payment in cash but did not log the payment against your "account" with them, it would show as a debt for them. They should have a record of your payment in their ledgers; it should just be a case of going back to the date of the job and looking for the payment, then assigning it against the amount due. They should close the debt off then.


  • #9
    Kristopherus
    Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    slipstream wrote: »
    will do. thanks for the advice.

    If they rang you, don't ring them back. Wait for them to ring you again.


  • #10
    slipstream
    Registered Users, Registered Users 2 Posts: 199 ✭✭slipstream


    DrumSteve wrote: »
    Sounds to me like the company in question probably sent a bulk debt book to the DCA in question (and didn't check individual files). Who was the Debt Collector who contacted you?

    I'd ask them to produce the invoice they received from the creditor. I'd imagine if they took your payment in cash but did not log the payment against your "account" with them, it would show as a debt for them. They should have a record of your payment in their ledgers; it should just be a case of going back to the date of the job and looking for the payment, then assigning it against the amount due. They should close the debt off then.

    yes, i think you are right but is it my responsibility to prove that i paid for something over a year ago or is it their responsibility to prove that we have a credit arrangement?

    surely i cannot be held responsible if they made a mistake in their bookkeeping?


  • #11
    Polo_Mint
    Closed Accounts Posts: 2,504 ✭✭✭Polo_Mint


    slipstream wrote: »
    yes, i think you are right but is it my responsibility to prove that i paid for something over a year ago or is it their responsibility to prove that we have a credit arrangement?

    surely i cannot be held responsible if they made a mistake in their bookkeeping?

    It is up to them to prove you didnt pay :)

    If they call again ask for a copy of the credit agreement.

    Dont call them.


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  • #12
    DrumSteve
    Registered Users, Registered Users 2 Posts: 10,798 ✭✭✭✭DrumSteve


    slipstream wrote: »
    yes, i think you are right but is it my responsibility to prove that i paid for something over a year ago or is it their responsibility to prove that we have a credit arrangement?

    surely i cannot be held responsible if they made a mistake in their bookkeeping?

    I wouldn't even say you have a credit arrangement with them as such. As above, I just don't think they assigned your payment to the job in question so it looks outstanding from their end of things. Someone looking at their books sees the outstanding balance; doesn't investigate, then sells the debt on.

    While it's not up to you to prove you don't owe it, I would recommend taking a look for the receipt anyway and if you find it call the DCA to let them know. I'd also probably make contact with the company in question to let them know you have received contact after payment has been made to them previously ;advise them your solicitor will be handling this and you'll be looking for costs etc

    It's easy to say just ignore the calls, but if they decide to pursue a judgement order (which would generally be the next step if you did not engage on the debt), it's good to have as much backup as possible.


  • #13
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    slipstream wrote: »
    yes, i think you are right but is it my responsibility to prove that i paid for something over a year ago or is it their responsibility to prove that we have a credit arrangement?

    surely i cannot be held responsible if they made a mistake in their bookkeeping?

    The fact that you're asking those questions means that you are playing to their script which is wrong.

    Start from the premise that you do not owe the money and it's up to them to prove that you do. That means that you do nothing and make them do the work. Do not call them back if they leave voice messages and do not get into the stuff about not being able to find the receipt, that suggests that the burden of proof (that you paid) is on you when it is not.

    Tell them to forward written proof that there is a unpaid debt, otherwise you won't pay and will see them in court when you will seek costs for the nuisance they are causing you.


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