Legal Action Pending - E-Flow/Pierse Fitzgibbons

LegacyUser

Hello all.

Mods, I am aware this should be in the legal forum but I can't post anonymously there so apologies.

I really need some help here.

So, I started rec'ing letters from E-Flow last year about unpaid fees.
I had been away so by the time I got the letters, the fee had already gone up to €41.00 per journey (2 journeys made 2 days apart).
I couldn't afford to pay them at the time, I did plan to but kind of put it on the long finger, not realising how out of hand it would get.

I then got another letter saying each journey had now risen to €150 - I immediately called the solicitors who were sending me the letters and spoke to a woman. She wasn't helpful, wouldn't let me agree to a payplan and said there was no negotiation on same.
I didn't have the money, there was nothing I could do so I just started to ignore the letters coming in the door. I was afraid to open them to be honest.

I have now rec'd a letter to say that my total debt is €846.80including sols fees and a judgement has been registered against me. And the next step is to send a sheriff to recover goods.

I read recently about cars being taken away by E-Flow sols, so I am absolutely terrified.

I contacted Pierse and asked for their bank details so I could set up a payplan.
They advised me the debt is for 4x journeys (I didn't know about the other 2; to be fair they were probably contained in the letters I didn't open) all totalling €150.20 and then an extra €246.40 in legal fees, giving a total of €846.80,
I have offered to pay 4x amounts of €40.10, one for each journey and then pay the €246.40 in instalments of €10 per month after this.

This is all I can afford and will have to seek overtime at work to cover the 4 instalments of €40.10.
I've explained that my only asset is my car and it is 16 years old (as evident by the number plate on the letters they send me) so it is in all our interests to agree to what I've offered as they won't be able to get anything more from me and going to court will only cost them more.

They've come back to me to say they will accept €585 if paid in full by July 29th and if not, they will have no option but to proceed with further legal action.

I am sick with worry. Like I have literally been in the bathroom with an upset stomach at work for most of the afternoon.

What the hell can I do...if they take my car I will have no transport and be unable to get to work. If I had money I wouldn't be driving the car that I am.
I am single and have no family, no one I can borrow money from not even €10.

Can I also just say that giving me a lecture on how I should have got this sorted sooner is not going to help so please don't say anything like that.

Tom_Barry

https://www.facebook.com/notes/the-hub-ireland/sick-of-eflow/630782473745204

I wouldnt worry too much about it in all honesty. I know plenty that just ignore it.

Don't stress yourself out or over worry, more than likely nothing will come of it!

uck51js9zml2yt

Contact the citizens information offices. They should be able to advise.

The one thing I would say is don't take things from randomers on the internet as gospel.
Seek independent advice.

freshpopcorn

It's very hard to tell you what to do.
Have you anything you can sell on Done deal or eBay? Which might raise some cash.
There's a link posted above from Facebook which I'd be very wary of to be honest. Could you look into getting a credit union loan?

Grandeeod

Hi OP.

Obviously you didn't open the summons for court that allowed them to obtain a judgement. If you still have the unopened letters, please check them. If they actually have the judgement the next steps are the Sheriiff, who may not actually take anything, and/or a court appearance for an installment order. You will be means tested to see what you can afford to pay. If they aready have a judgement, then the damage is done, but if they go the route of an installment order and you abide by it, then that is the worst case scenario.

Your local Citizens Advice centre offers a free legal advice service. Call into them and organise an appointment.

intheclouds

Let them take you to court.

You offered a payment plan, they refused, let a judge have a say. You can't get blood from a stone and a judge will not award something you can't pay.

In addition, eflow have come off the worst before the courts for their extortionate increasing penalties and there is precedent for a judge to wipe it back to the original debt. There is a case where they were going after someone for 17k and the judge ruled she only owed 3k which was the original tolls.

The_Valeyard

intheclouds wrote: »

Let them take you to court.

You offered a payment plan, they refused, let a judge have a say. You can't get blood from a stone and a judge will not award something you can't pay.

In addition, eflow have come off the worst before the courts for their extortionate increasing penalties and there is precedent for a judge to wipe it back to the original debt. There is a case where they were going after someone for 17k and the judge ruled she only owed 3k which was the original tolls.

If it goes to to Court, like mentioned above, a judge is going to look very unkindly At The Company for refusing to agree to a repayment plan. I'm not an expert though, but the cost of solicitor could be expensive unless you are entitled to free legal aid

Mzo1978

My husband had issues with these he told them he would pay the original toll amounts or they could basically feck off and they agreed. Don't be bullied by them their charges are madness !!

intheclouds

The_Valeyard wrote: »

If it goes to to Court, like mentioned above, a judge is going to look very unkindly At The Company for refusing to agree to a repayment plan. I'm not an expert though, but the cost of solicitor could be expensive unless you are entitled to free legal aid

Id represent myself and tell the judge I couldn't afford a solicitor.

GreatDefector

intheclouds wrote: »

Id represent myself and tell the judge I couldn't afford a solicitor.

Great username....

OP contact FLAC and do not send back any letters with "No Contract/No consent" or any other wishey washey rubbish.

Make an appointment with FLAC as soon as you can and inform Pierse that your seeking legal aid, if you're in contact with them

Go from there

intheclouds

GreatDefector wrote: »

Great username....

OP contact FLAC and do not send back any letters with "No Contract/No consent" or any other wishey washey rubbish.

Make an appointment with FLAC as soon as you can and inform Pierse that your seeking legal aid, if you're in contact with them

Go from there

Yeah?

This lady represented herself. This is the case I mentioned earlier.

http://www.independent.ie/regionals/droghedaindependent/news/motorist-wins-17k-toll-fight-27150462.html

There is no need to waste money on a solicitor for these shysters, plenty of precedent.

December2012

You have their bank details, so why don't you start paying something anyway. Make the payments you suggested, the courts will look favorably on the fact that you have stopped ignoring this problem.

LegacyUser

December2012 wrote: »

You have their bank details, so why don't you start paying something anyway. Make the payments you suggested, the courts will look favorably on the fact that you have stopped ignoring this problem.

Hi OP here again.

I actually don't have their bank details, they have refused to give them to me.

They have a payments link on their web page but it only allows you to pay the full amount.

The only other option I have is to send a postal order each month, which I guess is all I can do. They may reject it though if it's not for an amount they feel is adequate.

blackbird98

if the OP has a judgement registered against him/her, then it has already been to court. The debt can be handed over to the sheriff for collection. However, most sheriffs will accept an instalment plan, if it is reasonable. But remember that the sheriff will also add his/her costs to the outstanding amount.

LegacyUser

So I sent them an email earlier saying that I will be sending 4x postal orders for €41.00 each, which covers a portion of the debt for each journey.

I said if they will not accept these payments as adequate, they will need to take me to court as I cannot give what I don't have and that I find they have been less than helpful when I've made it clear I am willing to pay what I can afford.

I got a reply saying that if I send in the postal orders they will be returned straight back to me and if I don't pay within full in 7 days this will go to the sheriff.

I have sent a final email asking them to advise the minimum they will accept each month and again, please provide bank details so I can set up a standing order.
If they refuse to give this again, I will have to give up.

They keep saying I have to phone them but I don't think this is fair - if we correspond via email I have proof of everything I have offered and what has been rejected; if I call I don't.

I am pretty sure there is no law to say a payplan cannot be made via email; am I wrong?
Surely a judge will accept email correspondence as valid?
I don't understand why they won't discuss via email, I feel they are just being purposely difficult now.

I just have one more question too for the posters here - what is likely to happen when the sheriff comes out?

Can he tow my car away if I refuse to hand over the keys for it?
What are his exact rights, can he enter my home forcefully etc?

Neyite

Mod:

OP, I'm very sorry but this is bordering on asking for legal advice and because of that we need to close the thread.

Please get advice from trusted organisations -FLAC as suggested or Citizens Advice Bureau. Relying on advice from someone (who could be anyone!) on the internet for something as serious as this could backfire massively on you.

All the best.