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Unpiad Debt PART 2 - What will become of me?

  • 05-05-2012 4:54pm
    #1
    Registered Users Posts: 1,188 ✭✭✭


    I made a thread yesterday about a debt of 650 euro I owe to a college that I am unable to pay. I think two posters had an arguement over something and the thread was deleted so unfortunately I cannot read over the helpful posts again.

    Well today I got in touch with the staff member that is dealing with my case and I recoreded the call. I first offered to pay a set amount weekly and he said he would listen. I said I'm currently unempolyed and would have no problem showing him my bank account details to prove my unability to pay, with this in mind I offered to pay 10 euro a week till my debt was paid, he then started to laugh histerically. I then said 15 and he asked if I was taking the p*ss, I then said listen I really don't want this to have to go to court and I'm sure you don't aswell but I'm broke. He then said I can either pay the full amount outstanding within 2 weeks or he will see me in court paying back double the original amount :(:(.

    I then said I'll pay 20 euro a week but that is the absolute max and it will be a serious struggle paying that back. He then said 'full amount within 2 weeks, yes or no?.' Said it's impossible for me to get that money together and then he said see you in court and hung up.

    Is there anything I can do from here? or will I have to go through a demoralizing court procedure?:(


Comments

  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Arguments are what this forum is for. It was more likely deleted because a few of us posted giving you direct advice, which is not what the forum is for.


  • Registered Users Posts: 1,188 ✭✭✭Montroseee


    Arguments are what this forum is for it was more likely it was because a few of us posted giving you direct advice which is not what the forum is for.

    I know I appreciated all replies no matter what, but I think one of them threatened taking some kind of legal action.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    I know people always was an instant answer - but send a letter. The recorded phone conversation won't be much use to anyone. A letter back stating they are unwilling to accept your offer of X might go someway to getting to a bit of sympathy if nothing else.

    Don't offer them what you can't afford there is no point. If they reject the offer you'll just have to live with it. Get yourself down to one of the various debt advice centres or FLAC.

    Judgement against you isn't the end of the world as long as you're not planning on being an accountant or something related to money.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The thread was deleted due to a threat of legal action by a contributor on a thread that didn't contain anything defamatory. By that stage the thread had become ridiculous.

    I don't think your OP is consistent with the charter, it is advice you need. You can't get that here. I will leave the thread open for now!


  • Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    Montroseee wrote: »
    I said I'm currently unempolyed and would have no problem showing him my bank account details to prove my unability to pay, with this in mind I offered to pay 10 euro a week till my debt was paid, he then started to laugh histerically.(

    He's yanking your chain.

    It's just a scare tactic. Though the laughing sounds a bit much. They may think they have a chance of scaring you into paying the full amount. These guys get a commission. So don't take it personally - it's just greed, and the guy isn't really human.


    Call back again. Offer a fiver. and do not budge - if you're getting nowhere, ask to speak to the collector's supervisor - make the offer. They will accept. If not at first, they will eventually - you can even ask for some debt forgiveness for your sins. Get a ticket number(a record of the call).

    The truth is, most people in your situation are not paying their debts, and the debts are not going to court. It's just not worth their while.

    The guy with the hysterical laugh.

    You got his name?.......And you recorded the call?......There are different people you can make a complaint to that will get him sacked. Now, he may only be following orders, like a concentration camp guard, but you can be sure his employers will have not loyalty towards him. There are lots of very sleazy people in Irish business.

    Call the guy again, get him to give you his worst - record the call. Later you can threaten to post the call on the internet, let Joe Duffy hear it - make big story of it. They'll sack yer man, even though I bet they've put him up to it. You might help change his life for the better.

    If you can his manager on the phone doing the same rubbish - then you might get him sacked too. If you could only get the goblin with in human resources on, you'd have a hat trick.

    Do your bit to flush these *cough* people down the toilet - it's where they belong. They are the toilet people.


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  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Montroseee wrote: »
    I made a thread yesterday about a debt of 650 euro I owe to a college that I am unable to pay. I think two posters had an arguement over something and the thread was deleted so unfortunately I cannot read over the helpful posts again.

    Well today I got in touch with the staff member that is dealing with my case and I recoreded the call. I first offered to pay a set amount weekly and he said he would listen. I said I'm currently unempolyed and would have no problem showing him my bank account details to prove my unability to pay, with this in mind I offered to pay 10 euro a week till my debt was paid, he then started to laugh histerically. I then said 15 and he asked if I was taking the p*ss, I then said listen I really don't want this to have to go to court and I'm sure you don't aswell but I'm broke. He then said I can either pay the full amount outstanding within 2 weeks or he will see me in court paying back double the original amount :(:(.

    I then said I'll pay 20 euro a week but that is the absolute max and it will be a serious struggle paying that back. He then said 'full amount within 2 weeks, yes or no?.' Said it's impossible for me to get that money together and then he said see you in court and hung up.

    Is there anything I can do from here? or will I have to go through a demoralizing court procedure?:(

    He got you up from €10 a week to €20 with just a bit of play acting. You need to be firmer. Paying on a weekly basis is going to be expensive with transaction costs. Offer a monthly sum. Find out how you can pay it. Into bank account/ cheque draft etc. Start paying the instalments.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    OP,

    forget about these tossers.

    Let them take you to court - in the unlikely event they do, they might get a judgement against you.

    If you can't afford to pay, then so what if they get a judgement - we have no debtors prison in Ireland.
    If they ding your credit - so what?? You're broke, you have no credit rating!

    Bring your recording to Court and play it to the judge - it will show you made good faith attempts to settle your debt and were laughed at.


    Do not worry yourself over such a paltry debt. I'd give 100/1 odds it would ever see the inside of a courtroom. Relax.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    You say it a college, have you contacted the Studebts Union. If that does not help write to the Fees Department and set out what you can pay include a copy of income and expenditure. Request information on how to pay, at the same time start saving that amount per week in your local credit union. Send reg post keep copy. If no good response in 2 to 4 weeks then write again but send c/c to the president of the college again setting out proposals and copy first letter include money saved to date in postal order.

    Then just keep saving and sending in postal orders.

    If proceedings issue you have 3 options 1 pay 2 admit debt and offer payment schedule 3 enter defense. Do the second option.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Pkiernan wrote: »
    OP,

    forget about these tossers.

    Let them take you to court - in the unlikely event they do, they might get a judgement against you.

    If you can't afford to pay, then so what if they get a judgement - we have no debtors prison in Ireland.
    If they ding your credit - so what?? You're broke, you have no credit rating!

    Bring your recording to Court and play it to the judge - it will show you made good faith attempts to settle your debt and were laughed at.


    Do not worry yourself over such a paltry debt. I'd give 100/1 odds it would ever see the inside of a courtroom. Relax.


    How is he going to get it to a judge? Have your ever heard of office judgement?


  • Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    Montroseee wrote: »
    . He then said I can either pay the full amount outstanding within 2 weeks or he will see me in court paying back double the original amount
    :(

    If you have recorded the phone call so that it is admissible in Court, this should be brought to The College's attention and to any representative Union for students of relevance. It may prove a useful bargaining tool.

    Courts take an extremely dim view of a threat of costs included in recovery for debt. Stating costs are recoverable is fine, threatening someone with having to pay back double is not. Besides, I have no idea of the DC scales but it is nowhere near that.


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  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    jblack wrote: »
    . Besides, I have no idea of the DC scales but it is nowhere near that.
    http://www.courts.ie/rules.nsf/53bd32841fc5bbf280256d2b0045bb5d/a23981e50dadd97780256e3700628fcd/$FILE/Schedule%20of%20Costs.pdf

    On the defended contract scale the costs are about €300. plus outlay. In some cases the DC will certify €250 for Counsel.


  • Registered Users, Registered Users 2 Posts: 629 ✭✭✭rab!dmonkey


    Did you inform the the collector that his call was being recorded? I'm not sure what the law is here, but in many jurisdictions recording a phone call without the knowledge/consent of the other party is considered wiretapping. You might want to check that out before using your recording as evidence of anything.


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