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Small claims court . Yes or No

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  • 29-07-2016 1:25pm
    #1
    marc antonio
    Registered Users Posts: 30 ✭


    Hi folks really need your help as Three Ireland are just completely useless.
    Story so far.
    Three suspended my account and sent it collection agency. I rang three to ask why they say there was no payment made on the account for 90 days. I'd proof there was payment made in May (not full balance but a payment)
    Ring collections and they tell me to contact three as they cancelled the account and looking for an early cancellation fee. I paid the €85 I owed three to collection agency and called three.
    Told agent I paid the arrears and could I be reconnected. He says yes and with a few days the phone is back up and running and I get a bill from three for Aug. I pay the bill get a receipt text and following day services cut and off. Ring three and they say it was a "technical glitch" but then get an email saying an agent manually reconnected by mistake and I still owe for early termination fee. But surely that's there fault and by them reconnecting me did lead me to believe they had accepted my payments so resumed my contract???
    I don't know now whether to pay the balance to collection agency and then persue a small claim or leave it and hope comreg resolve it.
    All advice welcome


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    #2
    listermint
    Registered Users Posts: 33,989 ✭✭✭✭listermint


    dont deal with the collection agency,your contract is with 3 only deal with 3 directly.

    ignore anything from collection agency.


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    #3
    marc antonio
    Registered Users Posts: 30 ✭marc antonio


    listermint wrote: »
    dont deal with the collection agency,your contract is with 3 only deal with 3 directly.

    ignore anything from collection agency.

    But I ready paid them the €85 cause Three won't accept payments??? Or so they say.
    But three did accept my payment on the Bill they sent me.
    I'm totally at a loss here.


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    #4
    L1011
    Registered Users Posts: 69,028 ✭✭✭✭L1011


    What precisely do you think you have to take a case on? If you owe Three money you can't expect to get service.

    Pay Three, then get on with your life. They will accept payment if you insist on speaking to someone in Ireland about it - the offshore centres have been trained that the debt now "belongs" to the collection agents when it doesn't. You haven't got a case to get anything back, at all.


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    #5
    marc antonio
    Registered Users Posts: 30 ✭marc antonio


    L1011 wrote: »
    What precisely do you think you have to take a case on? If you owe Three money you can't expect to get service.

    Pay Three, then get on with your life. They will accept payment if you insist on speaking to someone in Ireland about it - the offshore centres have been trained that the debt now "belongs" to the collection agents when it doesn't. You haven't got a case to get anything back, at all.

    I have paid all arrears but they are looking for an early termination fee when they cancelled the account and got paid, reopened the account, got paid for Aug already and then recancelled the account???? So they cancelled the account early not me ???


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    #6
    VincePP
    Closed Accounts Posts: 982 ✭✭✭VincePP


    listermint wrote: »
    dont deal with the collection agency,your contract is with 3 only deal with 3 directly.

    ignore anything from collection agency.

    Why do some people spout this ridiculous and incorrect line.

    The t&c's allow three to use any third party to fulfill services - they even use third parties to provide voice services when they roam and they are fully entitled as is every company to use a third party to collect amounts due.

    So to anyone thinking they can believe the above poster and ignore debt collection agencies, you can be sure that the poster will not pay extra charges that can mount up.

    As for the op, i can't see how a temporary restoration can mean contract is back valid - probably better to move to pay as you go as in many cases this is cheaper.


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    #7
    marc antonio
    Registered Users Posts: 30 ✭marc antonio


    VincePP
    I can still receive calls and text and I'd assume with a communications company that a restoration of over ten days is not a short period of time. They did bill me for Aug Services and accept a payment (for Aug advance services) and issued a text alert receipt.Would you consider that temporary??


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    #8
    L1011
    Registered Users Posts: 69,028 ✭✭✭✭L1011


    VincePP wrote: »
    Why do some people spout this ridiculous and incorrect line.

    The t&c's allow three to use any third party to fulfill services - they even use third parties to provide voice services when they roam and they are fully entitled as is every company to use a third party to collect amounts due.

    So to anyone thinking they can believe the above poster and ignore debt collection agencies, you can be sure that the poster will not pay extra charges that can mount up.

    You owe the debt to Three. You do not owe the debt to the collection agency.

    They may use a third party to fulfil services but you still don't owe the collection agency a cent.

    If you have offered to pay a debt in full to the business you owe it to and they refuse, good luck to them getting it enforced in court. The OP clearly hasn't offered to pay in full, though.

    Companies that outright refuse to let you pay them only do so because they have signed a really, really stupid contract with the debt collector. Would be quite willing to let them get ridiculed by a judge for refusing payment after asking an unregulated firm to chase payment for them and then refusing to take it.


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    #9
    L1011
    Registered Users Posts: 69,028 ✭✭✭✭L1011


    marc antonio wrote: »
    I have paid all arrears but they are looking for an early termination fee when they cancelled the account and got paid, reopened the account, got paid for Aug already and then recancelled the account???? So they cancelled the account early not me ???

    You haven't paid the early termination fee, though. Them reopening is not waiving the fee; and it does not refer to what you see as the second cancellation - it refers to the one you caused by going in to significant arrears.

    Even if they reconnected you, what precisely do you think they'd owe you that you recover via small claims (particuarly that would be in excess of the termination fee).


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    #10
    listermint
    Registered Users Posts: 33,989 ✭✭✭✭listermint


    VincePP wrote: »
    Why do some people spout this ridiculous and incorrect line.

    The t&c's allow three to use any third party to fulfill services - they even use third parties to provide voice services when they roam and they are fully entitled as is every company to use a third party to collect amounts due.

    So to anyone thinking they can believe the above poster and ignore debt collection agencies, you can be sure that the poster will not pay extra charges that can mount up.

    As for the op, i can't see how a temporary restoration can mean contract is back valid - probably better to move to pay as you go as in many cases this is cheaper.



    Its completely true actually. This is Ireland under irish law this guy does not have to engage with a third party debt collection unless of course Three nullified the contract with his permission and the contract / loan was purchased by one of these joker debt collection agencies. I can name a few because they have offices out my way.

    He is under no obligation to engage with their caller personal or their slickly designed 'legal' notifications from their solictors who operate out of the same offices despite calling themselves a different name.

    He can pay Three off the debt in full and thats it.

    But im sure you already are aware of all of this. Anything else is just slick marketing from the companies mentioned above.


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