Threatened legal action over vodafone phone bill

RagsOBrien

I am looking for advice from someone who has been in a similar situation. I don't want smart answers either, just advice.

I was living abroad for a year and while I was away vodafone continued to bill me for a bill phone,even though I did make efforts to cancel the contract before I left but they were having none of it.

So they continued to bill me up until about November or December of 2015 and one month,there wasn't enough money in the Irish account to cover the monthly repayment so technically,I defaulted on the payment that occasion.

So I get on with my busy life and forgot about vodafone. Until I received a letter (which my mother opened at the home address as I was living outside the state) and she read me the contents of it, saying I owe vodafone €723 in phone bill charges. She emails them saying I no longer live at that address or in Europe and gives themmy email address.

I get one email in the month of June from a debt collection agency in Dublin stating I ower €923. So now,the amount has jumped by €200 with no explanation as to what exactly for. I responded stating I was not living in the state but could pay off small amounts but wanted a full breakdown of the amount and what it covered. No further communication.

Fast forward to this week. I get a letter from the debt collection agencyrequesting I pay €923 within a week or else,they are going to refer the case to HughJward solicitors, who will seek a judgement against me and I will not be notified of this judgement.

I have a few pertinent questions relating to this:

1. How likely is that this debt collection agency with HJWard Solicitors actig on its behalf,will take out a judgement against me in my absence for the sum mentioned and how long would it take,should be realistic?

2. How can I find out if a judgement has been instigated or found against me,?

3. How long is this going to stay on my ICB credit record? My last communication with vodafone or the debt collection agency was in June of last year.

4. How much would it cost the debt collection agency to take me to court in terms of legal fees?

PS. I am willing to pay this back but cannot pay it upfront within a week as currently being demanded by a debt collection agency. So no lectures on paying it back as that is not what I am asking about. Thanks for your advice

Kimbot

OP, you "Tried" to cancel your VF account but didnt actually manage to? (I take it you were still in contract then?)
If you didnt send it in writing to VF at the time then your account wasnt cancelled. The charges will accumulate until you get in touch with VF to resolve (and ring them asap, explain you live abroad etc and also ask them can you pay the original amount) and cancel the account completely.

Samuel T. Cogley

RagsOBrien wrote: »

I have a few pertinent questions relating to this:

1. How likely is that this debt collection agency with HJWard Solicitors actig on its behalf,will take out a judgement against me in my absence for the sum mentioned and how long would it take,should be realistic?

2. How can I find out if a judgement has been instigated or found against me,?

3. How long is this going to stay on my ICB credit record? My last communication with vodafone or the debt collection agency was in June of last year.

4. How much would it cost the debt collection agency to take me to court in terms of legal fees?

PS. I am willing to pay this back but cannot pay it upfront within a week as currently being demanded by a debt collection agency. So no lectures on paying it back as that is not what I am asking about. Thanks for your advice

1. Not long if they decide to rock on with it. It's could go either way really with that amount.

2. You should get papperwork to the address Voda/HJW have for you.

3. Dunno

4. A few hundred certainly which will likely be tacked on to the damages awarded against you. The actual cost to HJW will obviously be lower so don't use that as a guide to whther they're likely to go ahead or not.

prinzeugen

H J Ward are a debt collection agency. Had dealings with them in the past.

They use the threats of legal action to try and get you to pay up but it is highly unlikely that they will do anything.

They sent me papers allegedly from the court but it turned out that they had created them themselves when I checked with the court.

If you are worried check with the courts service (think you can do it online).

flutered

the good news, firstly your contract is with voda, regardless what the shysters say you have no contract with them, inform the debt collection agency that the family solicitors have advised you of this, remember use the word family solicoters not a solicitor, tell them if they keep invading your privacy over an account you do not have with them, you will have the family solicitors engage with them over this, remind them that you are not to recieve email, snail mail, fone or text

garhjw

OP I suggest you contact Vodafone directly and propose a payment plan. You owe the money as you had a contract with Vodafone. Can you afford €75 per month? If so, start with proposing €40 per month to see what they say.

Fred Swanson

This post has been deleted.

SteoL

I am curious. What if a firm did arrange a date in court and the defendant didn't show up. Or if they did turn up, judge awarded costs but the defendant was broke and couldn't pay, what would happen in both these scenarios?

Samuel T. Cogley

SteoL wrote: »

I am curious. What if a firm did arrange a date in court and the defendant didn't show up. Or if they did turn up, judge awarded costs but the defendant was broke and couldn't pay, what would happen in both these scenarios?

Case continues in absentia, very very remote possibility of a bench warrnat being issued if the defendant is summoned for some reason and keeps failing to turn up.

Couldn't pay happens all the time - thats the judgement vs enforcement. You can't get blood out of a stone which is why a lot of these debt collectors are all bluster.

Delacent

flutered wrote: »

the good news, firstly your contract is with voda, regardless what the shysters say you have no contract with them, inform the debt collection agency that the family solicitors have advised you of this, remember use the word family solicoters not a solicitor, tell them if they keep invading your privacy over an account you do not have with them, you will have the family solicitors engage with them over this, remind them that you are not to recieve email, snail mail, fone or text

That is just simply the most stupid advice someone can get.

And the "family solicitors" line - that's just laughable.

Its this precise rubbish that gets more costs added to the bill and people digging bigger holes for themselves.

Engage with either vf or the debt collectors, let them know you no longer live here, offer a settlement (25% of debt) or look for possible argument as to any errors in the amount claimed.

If you ignore it, they simply serve papers at the address, swear affidavit, get judgement incl additional costs and it sits there for 12 years unless paid.

If you contest it and have an arguable case, you will be able to settle for substantially less than due. So best advice is to find some errors, contest the amount due and offer 25%.

https://www.stubbsgazette.ie/news/the-irish-courts

bigbrotherfan

You had a contract so you need to negotiate a payment plan. If you don't have concrete evidence that you tried to cancel the contract, it's not as good for you as if you have some record of your attempts to cancel.

RagsOBrien

Okay, I nearlyshat myself when I got a letter this evening- it was dated Feb 1st but since I moved house,I was over a week late getting it.

Hugh J Ward had draft summons papers stating they would proceed to the district court within 7 days. It has now been 8 days since the date on the letter. They said the proceddings would be issued after the elapse if the 7 days.

I immediately tried ringing them, but it's now after 7pm. I'm not long in from work. I have also contacted Vodafone Customer Care online and just made a payment of €20 online to Hugh J Ward's online payment facility against the debt.I owe €929.93 (more than the original amount I believe). I stated clearly that I would pay off €20 per week and am happy to set a DD immediately forthis to happen.

I can't afford more than €20 at the moment due to just restarting a job, having been abroad.

Do you think they would still proceed with the judgement so fast when I am making repayments?

Does anyone know how Hugh J Ward charges Vodafone for the debt and if they are in fact a debt collector? It states that they are Solicitors firm on the website.

In a bit of a tizzy here.I will pay what I can until the amount is cleared but just can't repay the full amount now. Will repayments in smaller amounts stop them going ahead with the judgement?

Anyone know, in reality, how fast a judgement would be issued in these circumstances?
Thanks.

Samuel T. Cogley

You'll get a summons from the DC, make sure you're checking your post.

DONT get in a tizzy. The absolute worst that will happen, and it's not very likely, is a judgement - it's not the end of the world.

Don't ignore it either - if you get a proper summons, not this draft bollocks - get along to FLAC.ie for some advice. At this point it's all tactics.

daheff

prinzeugen wrote: »

H J Ward are a debt collection agency. Had dealings with them in the past.

They use the threats of legal action to try and get you to pay up but it is highly unlikely that they will do anything.

They sent me papers allegedly from the court but it turned out that they had created them themselves when I checked with the court.

If you are worried check with the courts service (think you can do it online).

I hope you reported this fraudulent paperwork to the Gardai? Gardai tend to take a dim view of misrepresentation of state paperwork.

stronglikebull

RagsOBrien wrote: »

Hugh J Ward had draft summons papers stating they would proceed to the district court within 7 days.

This portion could possibly come under the Harassment and Intimidation section of the law, outlined here. Since you are making payments as agreed, any suggestion by HJW that you will be taken to court could be construed as a criminal offense, and should be reported to the Gardai.

flutered

i have posted here before in similar cases, the op has a contract with vod, no any debt collection agency, tell the collection that, also tell them the family solicitor said you are suffering harassment and its continueance will result in a stiff penalty, ensure that you mention the family solicitor, as there is a bit of difference between that and i have been with a solicitor, sleep easy op, rest assured that the debt collection agency and their pet legal crowd will not be happy with your letter/email, this type of solicitor sends out an amount of such letters daily, its their job to put the frightners on deceent people

njs030

flutered wrote: »

i have posted here before in similar cases, the op has a contract with vod, no any debt collection agency, tell the collection that, also tell them the family solicitor said you are suffering harassment and its continueance will result in a stiff penalty, ensure that you mention the family solicitor, as there is a bit of difference between that and i have been with a solicitor, sleep easy op, rest assured that the debt collection agency and their pet legal crowd will not be happy with your letter/email, this type of solicitor sends out an amount of such letters daily, its their job to put the frightners on deceent people

What do you think the difference between solicitor and family solicitor is out of interest?

questionmark?

OP engage with Vodaphone. Your contract is with them not the debt agency. Make them an offer of €10 a week and then start paying it immediately even if they say you have to pay the full amount at once. Pay till the vodaphone debt is cleared and ignore the extra put on by the debt agency. Basically don't ignore the vodaphone debt and pay no attention to the debt collection agency. If in the unlikely hood it goes to court and you have been paying in line with your offer to vodaphone the judge will not be too impressed with court time been wasted.

Delacent

daheff wrote: »

I hope you reported this fraudulent paperwork to the Gardai? Gardai tend to take a dim view of misrepresentation of state paperwork.

Its the solicitors that create the paperwork - the court just stamps it and puts it on the court list.

By sending unstamped paperwork shows they are serious but also gives you a final chance to engage before fixed court charges are applied.

To the op - negotiate a smaller overall payment to be paid over 3-4 months. Offer €250, you may end up at €400, but definitely not €900.

flutered

notjustsweet wrote: »

What do you think the difference between solicitor and family solicitor is out of interest?

solicitor means you have gone to any solicitor over this
family means that that firm has been dealing with your family for some time, perhaps your parents even, this involves a bond and trust on both sides

ytpe2r5bxkn0c1

flutered wrote: »

solicitor means you have gone to any solicitor over this
family means that that firm has been dealing with your family for some time, perhaps your parents even, this involves a bond and trust on both sides

Believe me, using the term "family solicitor" will hold no more sway that just referring to your solicitor.

njs030

flutered wrote: »

solicitor means you have gone to any solicitor over this
family means that that firm has been dealing with your family for some time, perhaps your parents even, this involves a bond and trust on both sides

So there's no difference whatsoever in legal terms.
That's exactly what I thought and what they will know, a solicitor is all the same thing.

Killergreene

Just pay your Vodafone bill and debt. Don't pay a penny to these vermin tacking on an extra duce.

Give Vodafone a tenner a month and when you have paid the 723 don't pay a penny more. You have no contract with debt agency.

Make a ten euro payment to Vodafone tonight. Then make a formal complaint to garda for harassment from the debt company as you are attempting to pay the debt and this company have no reason to be sending you harassing letters.

Time

flutered wrote: »

i have posted here before in similar cases, the op has a contract with vod, no any debt collection agency, tell the collection that, also tell them the family solicitor said you are suffering harassment and its continueance will result in a stiff penalty, ensure that you mention the family solicitor, as there is a bit of difference between that and i have been with a solicitor, sleep easy op, rest assured that the debt collection agency and their pet legal crowd will not be happy with your letter/email, this type of solicitor sends out an amount of such letters daily, its their job to put the frightners on deceent people

They had a contract with Vodafone, and that contract stated in S19.1 that;

"We may transfer this Agreement to anyone at any time. You may not transfer this Agreement to anyone unless we have agreed in writing beforehand.

Vodafone have exercised their contractual right to transfer the agreement to a new party.

Also as pointed out above, saying Family Solicitor means absolutely nothing to anyone working in this area because it's nonsense. People constantly lie to companies and say they've spoken to a solicitor. As a result, neither Vodafone or the DCA will pay any heed to things like that until a solicitors letter arrives.

AndrewJRenko

flutered wrote: »

solicitor means you have gone to any solicitor over this
family means that that firm has been dealing with your family for some time, perhaps your parents even, this involves a bond and trust on both sides

Any why would the degree of bond/trust make any difference to the opposing party?

bigbrotherfan

Time wrote: »

They had a contract with Vodafone, and that contract stated in S19.1 that;

"We may transfer this Agreement to anyone at any time. You may not transfer this Agreement to anyone unless we have agreed in writing beforehand.

Vodafone have exercised their contractual right to transfer the agreement to a new party.

Also as pointed out above, saying Family Solicitor means absolutely nothing to anyone working in this area because it's nonsense. People constantly lie to companies and say they've spoken to a solicitor. As a result, neither Vodafone or the DCA will pay any heed to things like that until a solicitors letter arrives.

It's the small print that always gets people. There's normally so much of it there that people generally don't scrutinise it and feel like they have no option but to sign. At the end of the day, it seems like you are signing away your rights. When you signed along the dotted line, I'm sure this scenario was far from your mind, which is very understandable but a lesson to everyone to pay more attention to the small print, as it can come back to bite you afterwards, when it can be pointed out what you agreed to.

Fred Swanson

This post has been deleted.

bigbrotherfan

Fred Swanson wrote: »

This post has been deleted.

Fair point.

Shanmd

Hi, looking for similar advice. I had a contract with Vodafone and the phone stopped working so I foolishly thought nothing of it, got a temporary phone and number off a friend (with meteor). Shortly after I unofficially moved to my grandparents house for over a year due to family issues. Today I went to visit my parents house and I opened one letter from Hugh J ward solicitors which said I owe 400+ and that it's my final warning and had a claim form attached to it. I know it's my fault for forgetting about this but does anyone know what I can do? Will they bring me to court over 400 Euro? The letter was dated 4 August

ytpe2r5bxkn0c1

Shanmd wrote: »

Hi, looking for similar advice. I had a contract with Vodafone and the phone stopped working so I foolishly thought nothing of it, got a temporary phone and number off a friend (with meteor). Shortly after I unofficially moved to my grandparents house for over a year due to family issues. Today I went to visit my parents house and I opened one letter from Hugh J ward solicitors which said I owe 400+ and that it's my final warning and had a claim form attached to it. I know it's my fault for forgetting about this but does anyone know what I can do? Will they bring me to court over 400 Euro? The letter was dated 4 August

As above really. Engage with them to get a payment plan.

brianblaze

Just to be clear.... Hugh J Ward Solicitors (Huge Award Solicitors, it's a joke name) are not actually a solicitor firm. They are a debt collectors with the word solicitors in their company name

(They are also a law firm apparently but all research leads to them having a debt collection agency and a personal injury lawyer arm to the business)