Debt Collection on old Irish debt

TimmyMallett · 04-05-2011 7:24am #1

hi all, this is my first post - im just surprised and sorry that it had to be in this forum. Please accept my apologies if this violates any of the forum rules (which i read!) and to those posters that will inevitably try and twist the knife, please dont - i feel bad enough having to type this.

I moved to Canada 6 years ago and left behind one or two small debts - the max would have been an overdraft of at most 2 or 3 grand. The other was a small phone bill (maybe a couple of hundred).

I got a call today at work from someone who purported to be calling from a courier trying to find and address for me to forward a letter from a collection agency in Ireland. He said that they had had a letter to my old (and not my most recent) Irish address and had obtained a Canadian address and was verifying the address. Unfortunately, before i got suspicious and started asking the questions, i did confirm that the Canadian address was mine - it is not actually mine but i did live there and will be able to get my hands on the letter. I have no idea how they got my work number and Canadian address - not that i have been actively hiding or anything.

I guess im just wondering is does anyone have any idea what enforcement rights would this collections company have on my old debt in Ireland, given that i am living in Canada and have been for 6 years? Can I just ignore this or should i retain an Irish solicitor to deal with this and hope that he can make it go away? Given that they have been desperate enough to trace me as far as Canada, would it be safe to assume that this relates to the larger overdraft?

It really came as a big shock. Any help/answers would be greatly appreciated and would help put my mind at ease and provide a bit of direction.

Thanks in advance!! And my future posts will hopefully be a bit less dramatic!

mari2222 · 04-05-2011 7:43am

Assuming you agree you owe the debt, and with the Irish banks now owned by the taxpayers, either you clear the debt, or the Irish taxpayers carry it.

Tom Young · 04-05-2011 3:32pm

Ring them up and talk to them. Clear the debts ... if you can.

Chnandler Bong · 04-05-2011 3:44pm

TimmyMallett wrote: »

hi all, this is my first post - im just surprised and sorry that it had to be in this forum. Please accept my apologies if this violates any of the forum rules (which i read!) and to those posters that will inevitably try and twist the knife, please dont - i feel bad enough having to type this.

I moved to Canada 6 years ago and left behind one or two small debts - the max would have been an overdraft of at most 2 or 3 grand. The other was a small phone bill (maybe a couple of hundred).

I got a call today at work from someone who purported to be calling from a courier trying to find and address for me to forward a letter from a collection agency in Ireland. He said that they had had a letter to my old (and not my most recent) Irish address and had obtained a Canadian address and was verifying the address. Unfortunately, before i got suspicious and started asking the questions, i did confirm that the Canadian address was mine - it is not actually mine but i did live there and will be able to get my hands on the letter. I have no idea how they got my work number and Canadian address - not that i have been actively hiding or anything.

I guess im just wondering is does anyone have any idea what enforcement rights would this collections company have on my old debt in Ireland, given that i am living in Canada and have been for 6 years? Can I just ignore this or should i retain an Irish solicitor to deal with this and hope that he can make it go away? Given that they have been desperate enough to trace me as far as Canada, would it be safe to assume that this relates to the larger overdraft?

It really came as a big shock. Any help/answers would be greatly appreciated and would help put my mind at ease and provide a bit of direction.

Thanks in advance!! And my future posts will hopefully be a bit less dramatic!

I'm not having a go here or anything but if you had enough money to start a new life in Canada why did'nt you just pay off you're debts?

Of course they were bound to come after you, you can't just leave the country with a load of debts behind you, sure would'nt half the country be doing the same if they got away with it.

Dilynnio · 04-05-2011 5:22pm

Is there not a statue of limitations whereby after a certain number of years the debt is written off?

I almost could swear that there is.

Hmmm.......

bath handle · 04-05-2011 7:16pm

A debt is never written off by statute. You should not swear to things you do not know about. The interaction between the Statute of Limitations and debts is very intricate.

Our man in Havana · 04-05-2011 7:52pm

Staute barred is term you are looking for.

bath handle · 04-05-2011 10:03pm

Statute barred is not the same as written off. The debt remains and some methods of obtaining satisfaction remain forever.

Our man in Havana · 04-05-2011 10:05pm

some methods of obtaining satisfaction remain forever.

Such as?

04-05-2011 10:07pm

TimmyMallett wrote: »

I moved to Canada 6 years ago and left behind one or two small debts - the max would have been an overdraft of at most 2 or 3 grand. The other was a small phone bill (maybe a couple of hundred).

Sure they're only small, why not pay them?

Once these debt collection lads get at you you are up sh1ts creek really. They may well sell it on to a Canadian agency now that your place of work etc is known. They'll be quite professional and no doubt nice but they'll get the money off you.

Our man in Havana · 04-05-2011 10:11pm

I doubt it to be honest.

A good Canadian lawyer would advise.

bath handle · 04-05-2011 10:15pm

Our man in Havana wrote: »

Such as?

Such as offset.

05-05-2011 12:59pm

Our man in Havana wrote: »

I doubt it to be honest.

A good Canadian lawyer would advise.

Unless the lad can prove he is insolvent they'll be getting that money back, you can doubt it all you want.

Our man in Havana · 05-05-2011 1:19pm

Debt collectors have no powers above those of a private citizen. That applies even in Canada. They can ask all they like, the OP can simply ignore them.

If they really want their money they will have to use the courts like everyone else.

Have a read of http://www.bankruptcycanada.com/debtcollectors.htm and http://www.canadianlawsite.ca/debt-collection.htm#u

Grass between the tracks · 05-05-2011 2:33pm

The OP can simply ignore them. So what they have found his workplace? They cannot contact him at work to harass him over these alleged debts. As they are over 6 years old he has a good defence that they are now statute barred and this defence would apply in Canada.

I have successfully ignored debt collectors in the past. I have simply ignored them and used their letters as fire lighting material. They will go away and refer the alleged debts back to their masters once they cop on that you will not deal with them.

OP if they have your phone number I suggest you change it. For your own peace of mind.

PCPhoto · 05-05-2011 2:59pm

Grass between the tracks wrote: »

The OP can simply ignore them. So what they have found his workplace? They cannot contact him at work to harass him over these alleged debts. As they are over 6 years old he has a good defence that they are now statute barred and this defence would apply in Canada.

I have successfully ignored debt collectors in the past. I have simply ignored them and used their letters as fire lighting material. They will go away and refer the alleged debts back to their masters once they cop on that you will not deal with them.

OP if they have your phone number I suggest you change it. For your own peace of mind.

I certainly wouldn't advocate that advice.

OP.... you know you had debts when you left the country, you can choose to pay off those debts or ignore them, the proper thing to do is accept responsibility and pay off your debts.

I don't know if the debt collection company can sell your debt to a foreign company but if its possible its more than likely going to happen it would be best to clear your debts and take responsibility, if you ever return to Ireland to live you could be faced with difficulty.

Zambia · 05-05-2011 10:29pm

This came up on a number of UK Expat forums here. The census is the debt companies cant make you pay the money legally. However thinking outside the box is what they are good at.

They can start to send letters, call around and ring around to any address you ever lived at. This soon gets annoying and whoever you have handling your affairs in Ireland cracks the ****s pretty soon. Transfering their annoyance on to you.

Our man in Havana · 05-05-2011 10:46pm

Apart from annoying someone there is feck all they can really do to make you pay. They can tell the creditor back in Ireland that they found you. Whether they would try and get a judgement in Canada is anyones guess as the costs could be very high esp if the debtor were to deny the claim and put them to proof of the debt requiring the attendance of witnesses from Ireland.

GerardKeating · 06-05-2011 8:17am

Our man in Havana wrote: »

Staute barred is term you are looking for.

But would that apply when the debtor is out of the country, I thought the clock stopped in this instance ?

Milk & Honey · 06-05-2011 8:49am

GerardKeating wrote: »

But would that apply when the debtor is out of the country, I thought the clock stopped in this instance ?

Nonsense! The fact that the debtor is out of the country does not stop time running. There is no reason why the creditor cannot get judgement in Ireland.

MagicSean · 06-05-2011 9:33am

Everyone seems to be assuming that the debt collection agency will act within the law to get their money. There are plenty of them that are prepared to work outside the law to get their money. The debt could easily be sold on to an illegal debt collector, either here or in Canada.

Kosseegan · 06-05-2011 11:30am

There would be no reality to the debt being dsold tgo anyone in Canada. Aside from the question of the jurisdiction of Canadian courts to deal with it, witne4ssess would have to be flown from Ireland for a Court hearing. The most likely scenario is the that proceedings would issue in Ireland and judgement granted in default of defence. After that attempts could be made to enforce the judgement in Canada.

Our man in Havana · 06-05-2011 11:50am

Would there not be a problem in getting good service in Ireland?

Kosseegan · 06-05-2011 2:30pm

Our man in Havana wrote: »

Would there not be a problem in getting good service in Ireland?

With the canadian address they can get leave to serve notification of proceedings in Canada. There is also the possibility of serving at the last known address in ireland and getting service deemed good.

Our man in Havana · 06-05-2011 2:34pm

When they know the OP is in Canada I doubt the last known Irish address would work.

Kosseegan · 06-05-2011 3:10pm

Our man in Havana wrote: »

When they know the OP is in Canada I doubt the last known Irish address would work.

How is the court going to know?

Our man in Havana · 06-05-2011 3:12pm

I doubt anyone would be silly enough to accept service at any Irish address.

TimmyMallett · 15-05-2011 12:37am

thanks for the varying advice here everyone.

I contacted a lawyer in Ireland (friend) and he advised me that there is little that can be done in terms of them getting their money back and that if i receive any letters or calls i am to refer them to him. He also confirmed that there is no judgement in absentia against me and that there is only a month or two for them to do so.

It would appear that the debt is a e300 bill for cable TV charges.