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Too bad, so sad?

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  • 22-04-2023 8:02pm
    #1
    Registered Users Posts: 1,966 ✭✭✭


    Due to cognitive decline and lack of understanding my elderly mother continued to purchase and use bin labels for her refuse even though she had an account with a waste company. The company are looking for the past year of lift charges to be paid. Shop receipts for the tags weren't kept so no proof. Is this just hard luck, pay again?



Comments

  • Registered Users Posts: 23,892 ✭✭✭✭Larbre34


    If the labels were from the same company who own and lift the bins, you might have some chance, but I know that's unlikely in the circumstances.

    However if the bins were put out with waste in them and were lifted, then the company is entitled to be paid for that. You could write and ask that any arrears are spread out over the next year to soften the blow.



  • Registered Users Posts: 1,966 ✭✭✭Heighway61


    It was the same company.

    She has recently passed. I'm setting her affairs.



  • Registered Users Posts: 148 ✭✭bobbyD1978


    Not much the company can do about it then is there? I mean how much could be owed?



  • Registered Users Posts: 5,833 ✭✭✭appledrop


    God almighty thats awful she has passed away and they are still looking for payment, some chancers they are.

    Sorry for your loss.



  • Registered Users Posts: 3,635 ✭✭✭dotsman


    Em, it's perfectly normal for a business to expect it's debts to be paid. Why shouldn't it be? Whay should they be out of pocket? They didn't do anything wrong? How does it make them chancers?

    If the deceased leaves an estate, then all debts are settled before distrubtion to family/inheritence. If the estate is insufficient or non-existant, then the business doesn't get paid (in full) amd suffers.



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  • Registered Users Posts: 1,966 ✭✭✭Heighway61


    They have been paid. Just wondering if there was a way to avoid having to pay twice.



  • Registered Users Posts: 251 ✭✭mct1


    Take a look at this from Citizens Information - What happens to debts after death.

    https://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/debts_after_death.html

    In any case you should not pay your mother's debts personally. Either they come out of her estate after probate is complete, in which case give the bill to your solicitor, or if there's no estate they just disappear.



  • Moderators, Business & Finance Moderators Posts: 10,084 Mod ✭✭✭✭Jim2007


    Well if either of you ever have to act as an executor, your solicitor will explain it to you. Its normal, a debt of the estate and one of many that will need to be settled. A failure to do so can render the executor personally liable for any unsettled debts after the estate has been distributed.

    And yes there is actually a lot a creditor can do if you fail to execute your duties as the executor of an estate!



  • Moderators, Business & Finance Moderators Posts: 10,084 Mod ✭✭✭✭Jim2007


    Well without any evidence to support your claim there is not much you can do legally to defend the claim. Even if you had the receipt for the purchase of the stickers you would not be able to demonstrate that she had redeemed them. Call the company, explain the situation and see if they are willing to make some kind of goodwill settlement with her estate.



  • Registered Users Posts: 11,050 ✭✭✭✭the_amazing_raisin


    I second this, there's no legal entitlement for the waste company to honour the purchased bin tags, but this is the kind of story that could blow up and result in a lot of bad press for them

    Tbh, I'm not entirely certain many waste companies actually care about bad press considering their behaviour over the years. But it's worth a shot and they might want to avoid it

    "The internet never fails to misremember" - Sebastian Ruiz, aka Frost



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  • Registered Users Posts: 25,799 ✭✭✭✭Mrs OBumble


    Is the amount involved big relative to the rest of her estate? The fight may not be worth the effort, especially since there is no proof of purchase.



  • Registered Users Posts: 9,440 ✭✭✭TheChizler


    I'm sorry to hear about your mother.

    What happens with the bin tags when they're used? Do the company rip them off the handle when they empty the bin? If so they have to have a record of that surely. They wouldn't sell them locally and remove them if they didn't.



  • Registered Users Posts: 78,326 ✭✭✭✭Victor


    Sorry to hear about your mother.

    I understand you need a card to buy the labels, which suggests there may be account records somewhere and a statement might be obtainable.

    What became of the labels?



  • Registered Users Posts: 148 ✭✭bobbyD1978


    I'm aware of how it works but It's max 150 euro based on a years worth of service. No company is chasing such an amount against an estate or inheritance. It's not work either the effort or possible bad pr.


    More than likely it gets sold off to a collection agency who you can pay off cheaply or argue with as well.


    And I didn't advocate not paying, I said there's not much can be done and I stand by that considering the amount probable involved



  • Registered Users Posts: 3,635 ✭✭✭dotsman


    But it's not a case of the company having to chase it. Nor is there any bad PR associated with it. It is up to the executor to resolve it and ensure it gets paid. The executor cannot begin distribution until after this debt has been settled. It is the executor who will be held responsible if they start playing games or fail to fulfill their legal obligations.

    At the highest level - that is the executors role. Gather all the assets and debts. Settle all outstanding debts and then distribute the remaining funds according to the will or, if they died intestate, in line with guidelines/agreement of family members or anybody who expected to inherit. Any deviation will typically result in significant delays, family fueds, court cases and a diminished pot to distribute from.

    There isn't. Without any receipts, how are they to know? Assume this is a small amount? If so, then this is jsut wone of those things. It's not worth the hassle and just settle it and avoid all the legal hassles and delays.



  • Registered Users Posts: 3,584 ✭✭✭Buddy Bubs


    Sorry to hear about your mother but there's no way they're fighting this too hard for 150 euro. Or even 10 times that amount.

    So it's up to you really.



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