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Tenant won't leave & filed dispute with PRTB

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    #92
    eyescreamcone
    Banned (with Prison Access) Posts: 2,562 ✭✭✭eyescreamcone


    Michael D Not Higgins wrote: »
    But you can't collect the debt until all the PRTB stuff is sorted out. If you're harassing the tenants with debt collectors (I don't even know if they'd take on anything like this) then it will act against you in any dealings with the PRTB case.

    Harassment is quite subjective. You are entitled to try to collect what you are owed. If you use an agent to do this for you, so be it.


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    #93
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    eyescreamcone wrote: »
    Harassment is quite subjective. You are entitled to try to collect what you are owed. If you use an agent to do this for you, so be it.

    The tenants are also afforded 'peaceful occupation' of the home while the legislation already establishes the route for recovery of rent arrears, via notice of arrears and PRTB.


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    #94
    eyescreamcone
    Banned (with Prison Access) Posts: 2,562 ✭✭✭eyescreamcone


    Michael D Not Higgins wrote: »
    The tenants are also afforded 'peaceful occupation' of the home while the legislation already establishes the route for recovery of rent arrears, via notice of arrears and PRTB.

    Debt collection services exist for a reason. People owe money.


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    #95
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    eyescreamcone wrote: »
    Debt collection services exist for a reason. People owe money.

    Are you just ignoring the bit where I said it's against the legislation? It's therefore unlawful


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    #96
    eyescreamcone
    Banned (with Prison Access) Posts: 2,562 ✭✭✭eyescreamcone


    Michael D Not Higgins wrote: »
    Are you just ignoring the bit where I said it's against the legislation? It's therefore unlawful
    I don't agree with you that it's unlawful for someone or their agent to ask for monies due as per the lease agreement.


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    #97
    groovyg
    Registered Users Posts: 1,049 ✭✭✭groovyg


    Michael D Not Higgins wrote: »
    Are you just ignoring the bit where I said it's against the legislation? It's therefore unlawful

    So if a business is owed money by somebody and its dragging on and on, they have to go through the court system (which in this country takes a hell of a long time) before they can engage the services of a debt collection agency?


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    #98
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    groovyg wrote: »
    So if a business is owed money by somebody and its dragging on and on, they have to go through the court system (which in this country takes a hell of a long time) before they can engage the services of a debt collection agency?

    The RTA 2004 doesn't cover them.


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    #99
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    eyescreamcone wrote: »
    I don't agree with you that it's unlawful for someone or their agent to ask for monies due as per the lease agreement.

    It's spelled out in black and white in the RTA 2004, what the correct procedure is. The OP has undertaken this procedure. You're fine to recover the debt after the legal procedings have been concluded. Until then, you're shooting yourself in the foot.


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    #100
    eyescreamcone
    Banned (with Prison Access) Posts: 2,562 ✭✭✭eyescreamcone


    Michael D Not Higgins wrote: »
    It's spelled out in black and white in the RTA 2004, what the correct procedure is. The OP has undertaken this procedure. You're fine to recover the debt after the legal procedings have been concluded. Until then, you're shooting yourself in the foot.

    ...in your opinion!!!


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    #101
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    eyescreamcone wrote: »
    ...in your opinion!!!

    Okay fine, let's proceed with the behaviour you extol. Firstly, you need to get the debt collection agency to buy the debt, which they wouldn't because the risk is too high. Next the debt collector has to attempt to get payment from the tenants, which they won't since they don't have the money and aren't paying the landlord. Then, they can threaten legal action, which is already ongoing with the PRTB anyway.

    Therefore, no benefit, all risk. I don't see how a debt collection agency is going to convince them to move.


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    #102
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    No debt collector is going to take on a case chasing arrears from an in situ tenant because the RTA prevents them from doing so. Its not that hard.


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    #103
    eyescreamcone
    Banned (with Prison Access) Posts: 2,562 ✭✭✭eyescreamcone


    In the past I have offered debt collection agencies up to 50% of what they can collect.


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    #104
    Gatling
    Registered Users Posts: 40,291 ✭✭✭✭Gatling


    eyescreamcone wrote: »
    In the past I have offered debt collection agencies up to 50% of what they can collect.

    50% of nothing = nothing .

    Then if you fall foul of the PTRB you end up paying big time
    360_F_102352090_ie3kLjDIvgrT1sxVDknWCUh8PxgMYzM7.jpg




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    #105
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Michael D Not Higgins wrote: »
    Okay fine, let's proceed with the behaviour you extol. Firstly, you need to get the debt collection agency to buy the debt, which they wouldn't because the risk is too high. Next the debt collector has to attempt to get payment from the tenants, which they won't since they don't have the money and aren't paying the landlord. Then, they can threaten legal action, which is already ongoing with the PRTB anyway.

    Therefore, no benefit, all risk. I don't see how a debt collection agency is going to convince them to move.
    Don't forget that the tenants are perfectly entitled to bring a case against the landlord for not giving them peaceful occupation of the property and for having debt collectors calling unannounced.

    The landlord or their agents are not allowed to just turn up at the door for any reason without first giving notice and having the permission of the tenant! This covers debt collection agents or anyone else employed or contracted by the landlord except for access required in an emergency!


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