Default Investigations Ireland?

ShinyHappy

This may be in the wrong forum, mods feel free to move if so....

I have this morning recieved a letter from Default Investigations Ireland who I presume are some sort of subsidiary of Intrum Justitia (who I received a phone call from today). This relates to a MBNA personal loan which I took out in 2007/2008 and got into difficulty with. The thing is, I was dealing with Intrum Justitia a couple of years ago but the amount that they claimed I owed didnt tally with what I thought I owed. I asked repeatedly in 2011 for a statement of my account to be sent out to me, I was repeatedly told it would be sent out - they kept ringing me, I kept repeating that I would recommence repayments once I was furnished with this information and eventually, they stopped corresponding. Until today.

I explained all this to the girl on the phone today and she said that if I really felt like I needed to see them, she would request them from MBNA but that it would entail a lot of paperwork and each page would cost me € 2.50 and so I needed to be aware that I would be accruing significant charges by insisting on seeing these. This is the first time any mention of the charge has been mentioned. Firstly, are they allowed to charge me for a record of repayments - i have never recieved any statements from either them or MBNA. As mentioned above, the letter I recieved is from Default Investigations Ireland - any advice on how to proceed with them?

ScouseMouse

To start I am not a legal eagle. I just have some opinions on this.

This is intrum justica again. I put default investigations ireland into google and got this from the data protection commisioner.

Registry Details for 'Default Investigations (Ireland) Ltd'

Company Name: Default Investigations (Ireland) Ltd
Ref Number: 5073/A
Reg Type: DP
Company Address: c/o INTRUM JUSTITIA 1st Floor Block C Ashtwon Gate Navan Road Dublin 15
Contact: ElaineGoggins
Purpose:
Continuation Due Date: 09/10/2013
Description: Financial Information Clients and data subjects Contract in place.
Disclosees:
Transfers Abroad: United Kingdom
Financial Information Clients and data subjects Contract in place

As has been mentioned on various boards, you dont have to deal with them whatsoever, tell them to get lost. If you owe this money, you should attempt to come to an arrangement with MBNA. As for trying to charge you 2.50 a page to show you what they say you owe, tell them to get stuffed.

ResearchWill

Tell her it's a data protection request. Do not acknowledge the debt. Ask her for the data protection person in the company and the statutory fee to see a full copy of all data held by MBNA on you. If she gives you bull ask for her name and tell her a complaint will be made to the data commisioner.

http://www.dataprotection.ie/docs/Making-an-Access-Request/963.htm

BTW she has a cheek.

ResearchWill

superscouse wrote: »

To start I am not a legal eagle. I just have some opinions on this.

This is intrum justica again. I put default investigations ireland into google and got this from the data protection commisioner.

Registry Details for 'Default Investigations (Ireland) Ltd'

Company Name: Default Investigations (Ireland) Ltd
Ref Number: 5073/A
Reg Type: DP
Company Address: c/o INTRUM JUSTITIA 1st Floor Block C Ashtwon Gate Navan Road Dublin 15
Contact: ElaineGoggins
Purpose:
Continuation Due Date: 09/10/2013
Description: Financial Information Clients and data subjects Contract in place.
Disclosees:
Transfers Abroad: United Kingdom
Financial Information Clients and data subjects Contract in place

As has been mentioned on various boards, you dont have to deal with them whatsoever, tell them to get lost. If you owe this money, you should attempt to come to an arrangement with MBNA. As for trying to charge you 2.50 a page to show you what they say you owe, tell them to get stuffed.

The reason this advice is dangerous, if the OP last payed or admired the debt more than 6 years ago and now rings MBNA and says I want to pay he starts the statute of limitations again. So OP say nothing and if your last dealing is more than 6 years ago seek legal advice.

ScouseMouse

But the OP mentioned he would/wanted to pay but wanted to see how they calculated the amount demanded. He doesnt say he is trying to wriggle out of it. He was asking about this new company and their demands for payment for pages of information.

Although he may be looking for a loophole now.

ResearchWill

superscouse wrote: »

But the OP mentioned he would/wanted to pay but wanted to see how they calculated the amount demanded. He doesnt say he is trying to wriggle out of it. He was asking about this new company and their demands for payment for pages of information.

Although he may be looking for a loophole now.

It is not wiggling out of it. There is a statutory defence to any money claim if it is over 6 years. I can assure you if you tried to die some company they would raise the defence.

jd80

ResearchWill wrote: »

The reason this advice is dangerous, if the OP last payed or admired the debt more than 6 years ago and now rings MBNA and says I want to pay he starts the statute of limitations again. So OP say nothing and if your last dealing is more than 6 years ago seek legal advice.

I agree but as an aside, doesn't the acknowledgement of the debt have to be in writing to restart the debt according to statute of Limitations?

ResearchWill

jd80 wrote: »

I agree but as an aside, doesn't the acknowledgement of the debt have to be in writing to restart the debt according to statute of Limitations?

Yes, but same can be done by sending a cheque, or a letter. It's easier not to make any acknowledgement.

jd80

ResearchWill wrote: »

Yes, but same can be done by sending a cheque, or a letter. It's easier not to make any acknowledgement.

Yes I agree re cheque etc. and saying nothing

Indeed, I believe that in addition to 'acknowledgement' there is a section of the Statute of Limitation, which provides for a payment to restart the time

What I am trying to ascertain is if a verbal acknowledgement counts as an acknowledgement as you said 'if he now rings' in post # 4 above

Do you have any experience where a verbal acknowledgement was successfully argued (e.g with witness testimony)?

ResearchWill

jd80 wrote: »

Yes I agree re cheque etc. and saying nothing

Indeed, I believe that in addition to 'acknowledgement' there is a section of the Statute of Limitation, which provides for a payment to restart the time

What I am trying to ascertain is if a verbal acknowledgement counts as an acknowledgement as you said 'if he now rings' in post # 4 above

Do you have any experience where a verbal acknowledgement was successfully argued (e.g with witness testimony)?

No experience, just better to be careful, the Act specifically requires written, but really would not want to test a verbal acknowledgement.

jd80

ResearchWill wrote: »

No experience, just better to be careful, the Act specifically requires written, but really would not want to test a verbal acknowledgement.

Correct.

Just wondering if it had ever been done re verbal

Would a court have to strictly adhere to the law here (i.e. written) or would it have discretion?

ResearchWill

jd80 wrote: »

Correct.

Just wondering if it had ever been done re verbal

Would a court have to strictly adhere to the law here (i.e. written) or would it have discretion?

My own view would be court would stick to the Statute. But as I said would not want to say its fine and then have to fight it. So best just to stick in my opinion to don't acknowledge it.

jd80

ResearchWill wrote: »

My own view would be court would stick to the Statute. But as I said would not want to say its fine and then have to fight it. So best just to stick in my opinion to don't acknowledge it.

In this particular case, I could imagine that somewhere MBNA have stated that all calls are recorded.

Make a recorded acknowledgement and now one is relying on a Court to strictly adhere to the SoL legislation in order for a dismissal to occur

And as we all know, there is no law in the district court (if this case would have jurisdiction there)

So say nothing at all

ShinyHappy

Thanks for the advice. I said that I was disputing the amount owed, that it was significantly more than I believed and she said that they dont have any file on me, that they would have to request that information from MBNA and MBNA would charge them a fee for the file so therefore they would be passing the fee onto me. Am I wrong in finding it absolutley inconceivable that they can ring me/ write to me demanding a sum that they have no records of?? BTW, its not more than six years unfortunatly. Im tempted to just ignore but the letter says they have papers with a solicitor and unless I will be served with legal proceedings within seven days. And i definitley dont want that.

jd80

Out of interest, how much is this alleged debt?

ShinyHappy

€ 3,500. By my records, there was only € 900 remaining when they sold the debt. And the original amount was only €2,500.00.

jd80

Any of those figures make it a District Court case - if it came to that

A case which either MBNA or IJ have to prove by the way.

How do you know that the debt has been sold to IJ? I have seen letters form them and they collect on behalf of others.

If 'papers are with a solicitor' then why are they ringing you and why has the solicitor not written to you instead of the standard IJ letter

ShinyHappy

Yep, its well within DC jurisdiction. I dont know that its been sold, I was just presuming - I didnt realise they collected on behalf of others I imagine if they werent with a solicitor already, they will be shortly - the girl I spoke to today was an obnoxious nasty rude piece of work - therefore i wasnt too polite to her either

Should i make a data protection request or should i just wait it out and let them make the next move. Im kinda thinking at least if it is passed to a solicitor, thats a known quantity, but I dont know what to expect from these guys!

jd80

Have you not got the original contract and subsequent statements to work out actually how much is owing?

It may be that €2,500.00 was borrowed but at what rate and what contractual penalties for late payment are there?

That may well bring it to the figure they allege.

It would be good for your own benefit to see where you actually stand first.

Then you can see if they have much of a case

Then you can decide

ShinyHappy

Thats just it, thats why I wanted them to send me on a statement or some sort of account breakdown - I actually didnt think that was a big deal at all but apparently it is. As stated, Im not disputing theres an amount owing, but I do want to know how they arrived at that figure. And im also curious, can interest continue to accrue from the point at which I requested the information (back in 2011) to now - I mean, as far as Im concerned, THEY stopped cooperating with ME at that point!!!