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Debt collection agency worry

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    #62
    flutered
    Registered Users Posts: 6,689 ✭✭✭flutered


    make a payment to o2, say a tenner, credit union draft or postal order, put all your details on paper, also include in writing a statement that you will give then another in two weeks time, make sure you keep a copy of everything wher it will not get lost, they will not refuse this, if they do then keep the corrospondence, then send the payment to the dept collection agency again copy all and keep, this collection agency is used by all telecom companys, send the tenner again in two weeks time as promised, if it is returned send it to the collection agency, if you are given a court summons it will state how much that you owe them, make another payment, by doing this they will have to change their paperwork, messy for them, if you go playing hardball with them, it has to be by your rules, not theirs, because if you play by theirs it will end in tears, remember no judge likes their time wasted, make sure it is not you that wastes it, they will do everything to ensure this.


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    #63
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    €10 every two weeks means that it would take approx 3 years to pay off the debt owed. You should demonstrate a real effort to pay down the debt, but obviously within your budget. I would be proposing (without knowing the OP's finances) something closer to €50 per month. That means approx 1 year to clear the debt.


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    #64
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    OP there are some other things you might want to do if you want to be proactive.

    Firstly in your place I would want to know if BCW had bought the debt from O2 or if they had been instructed by O2 because if the former then all they will ever do is try to scare you into paying.

    If you ask for full particulars of the debt and copies of the relevant bills from BCW then they should be able to supply them to you unless they have bought the debt from O2 and no longer have any contact with them with regard to your account. If they go to court they would have to have that information to prove you owed the money.

    Then I would take a look at the Non-Fatal Offences Against the Person Act, 1997
    11.—(1) A person who makes any demand for payment of a debt shall be guilty of an offence if—

    (a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation, or

    (b) the person falsely represents that criminal proceedings lie for non-payment of the debt, or

    (c) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or

    (d) the person utters a document falsely represented to have an official character.

    (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500.

    It looks like they may have worded their recent correspondence to fall foul of section 19(b) by suggesting proceedings will be taken against you in order to scare you into paying. So if they can't provide full particulars of the debt you can follow up and point out Non-Fatal Offences Against the Person Act, 1997. They may have also crossed the boundary with section 19(a).

    Lot of maybe's possibles etc there but being unsure is what BCW rely on to scare you into paying them.


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    #65
    flutered
    Registered Users Posts: 6,689 ✭✭✭flutered


    dudara wrote: »
    €10 every two weeks means that it would take approx 3 years to pay off the debt owed. You should demonstrate a real effort to pay down the debt, but obviously within your budget. I would be proposing (without knowing the OP's finances) something closer to €50 per month. That means approx 1 year to clear the debt.
    i have seen instances of debtors being asked to repay €2 per week, what is being discussed here is the repaymet, not the lenght of time it takes, this is usually the view from the bench, ie the debtor offers what they can, if the bench is happy with this then it finished, for anything else the debtor needs to be asked for a statement of means, this is never done in the district court, the problem is that the op may well be in debt each week when all income and outgoing are taking into account, if this is the case where is the 12.50 you are suggesting going to come from, because if the op had the way they have already indicated that they would pay.


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    #66
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    my3cents wrote: »
    OP there are some other things you might want to do if you want to be proactive.

    Firstly in your place I would want to know if BCW had bought the debt from O2 or if they had been instructed by O2 because if the former then all they will ever do is try to scare you into paying.

    If you ask for full particulars of the debt and copies of the relevant bills from BCW then they should be able to supply them to you unless they have bought the debt from O2 and no longer have any contact with them with regard to your account. If they go to court they would have to have that information to prove you owed the money.

    Then I would take a look at the Non-Fatal Offences Against the Person Act, 1997


    It looks like they may have worded their recent correspondence to fall foul of section 19(b) by suggesting proceedings will be taken against you in order to scare you into paying. So if they can't provide full particulars of the debt you can follow up and point out Non-Fatal Offences Against the Person Act, 1997. They may have also crossed the boundary with section 19(a).

    Lot of maybe's possibles etc there but being unsure is what BCW rely on to scare you into paying them.

    Exactly how many letters has the OP received that it would be covered by 19(a)


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    #67
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    Beano wrote: »
    Exactly how many letters has the OP received that it would be covered by 19(a)

    It would be interesting to know along with the times between them.

    I would guess they have had more letters than someone who totally ignored them because BCW know that people who contact them are more likely to pay up.


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    #68
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    flutered wrote: »
    i have seen instances of debtors being asked to repay €2 per week, what is being discussed here is the repaymet, not the lenght of time it takes, this is usually the view from the bench, ie the debtor offers what they can, if the bench is happy with this then it finished, for anything else the debtor needs to be asked for a statement of means, this is never done in the district court, the problem is that the op may well be in debt each week when all income and outgoing are taking into account, if this is the case where is the 12.50 you are suggesting going to come from, because if the op had the way they have already indicated that they would pay.

    What I said is that the amount should be a reasonable effort to clear the debt - the exact amount needs to be worked out depending on the OP's finances.


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    #69
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    my3cents wrote: »
    It would be interesting to know along with the times between them.

    I would guess they have had more letters than someone who totally ignored them because BCW know that people who contact them are more likely to pay up.

    I imagine it would require very regular letters to reach the bar for 19(a).


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    #70
    lukesmom
    Registered Users Posts: 4,400 ✭✭✭lukesmom


    Beano wrote: »
    Exactly how many letters has the OP received that it would be covered by 19(a)

    3 in the last 4 wks.


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    #71
    corner of hells
    Registered Users Posts: 8,386 ✭✭✭corner of hells


    lukesmom wrote: »
    3 in the last 4 wks.

    Hi , during the week I was over with my ex seeing the kids , while there she showed a letter from debt collection agency looking for her to pay her credit bill in full , in front of me she rang the debt collection crowd and told them what she would be paying the credit card company , when she would pay it and how and they accepted it.This is her third letter off them.

    She pays something every month just not what they want.

    Pay something every month.Don't lose sleep.


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    #72
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    i couldnt see 3 in 4 weeks being found to be calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation

    no offence meant to the OP who i'm sure is distressed


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    #73
    lukesmom
    Registered Users Posts: 4,400 ✭✭✭lukesmom


    That's the thing I have said I will pay €50 a month but they're not having it.


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    #74
    martinr5232
    Registered Users Posts: 2,298 ✭✭✭martinr5232


    lukesmom wrote: »
    That's the thing I have said I will pay €50 a month but they're not having it.

    Get it in writing that they wont accept.


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    #75
    flutered
    Registered Users Posts: 6,689 ✭✭✭flutered


    lukesmom wrote: »
    That's the thing I have said I will pay €50 a month but they're not having it.

    start sending them 50 each month, then await the outcome


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    #76
    philc1974
    Registered Users Posts: 50 ✭✭philc1974


    you are fine, 50 quid a month is fine, just pay it, you will notice that letters sent out are automatic computer generated letters as there wont be a human signature present anywhere on the letter (Go look), so basically you are being played by a computer program, you might notice some oddities even with the letters where one week you are being threatened and the next they are "concerned"... just relax and pay 50 a month like you said you would.

    If its a solicitors/debt collector's letter, there is a template letter in replying to them putting them firmly back in their box ;)

    here it is...
    <SNIP - legal advice not allowed>

    Now this works very well, i got loads of these letters in BIG BOLD WRITING after being made redundant and simply could not afford to pay the amount outstanding on a lot of overheads i had.

    Follow this template to the word, and every debt collection agency/solicitor who does initially contact you, well, you will never hear from them again as they know only too well what they are doing is <SNIP>!

    Put simply, pay what you can afford to them, treat every solicitor/debt collection agency letter with this template and you will be skipping along every day ;)

    BUT under no circumstances sacrifice food, electricity, needed clothes, school stuff for kids or oil heating etc just because you are being targetted by a computer program ;)

    Like i said before, you will be fine ;)


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    #77
    lukesmom
    Registered Users Posts: 4,400 ✭✭✭lukesmom


    O2 replied to my email they were quite sympathetic and said I could call their self service number to pay myself what I can afford so I just paid €60. I'm going to pay €60 a month and ignore the debt collection people hopefully they stop hounding me.


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    #78
    Tasden
    Closed Accounts Posts: 4,166 ✭✭✭Tasden


    lukesmom wrote: »
    O2 replied to my email they were quite sympathetic and said I could call their self service number to pay myself what I can afford so I just paid €60. I'm going to pay €60 a month and ignore the debt collection people hopefully they stop hounding me.

    Delighted you have it somewhat sorted now


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    #79
    lukesmom
    Registered Users Posts: 4,400 ✭✭✭lukesmom


    Tasden wrote: »
    Delighted you have it somewhat sorted now

    Me too. Each time I got them letters from bcw my stomach churned.


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    #80
    philc1974
    Registered Users Posts: 50 ✭✭philc1974


    Good man, all sorted

    Just ignore the debt collectors, they get paid to harrass people, its their job but they have no teeth really

    You will be fine

    Just make sure your not sacrificing food,fuel,clothing,electricity to pay this and you will be fine

    Best of luck!


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    #81
    lukesmom
    Registered Users Posts: 4,400 ✭✭✭lukesmom


    philc1974 wrote: »
    Good man, all sorted

    Just ignore the debt collectors, they get paid to harrass people, its their job but they have no teeth really

    You will be fine

    Just make sure your not sacrificing food,fuel,clothing,electricity to pay this and you will be fine

    Best of luck!

    Thank you p.s I'm a woman ;)


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    #82
    magicmushroom
    Registered Users Posts: 824 ✭✭✭magicmushroom


    .


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