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Debt collector calling

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135

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    #62
    Hoboo
    Registered Users Posts: 3,566 ✭✭✭Hoboo


    Could be a one night stand, and he's pregnant :eek:


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    #63
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Fred Swanson wrote: »
    Another example of how morals and the law come into conflict.

    Isn't law based on morals?


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    #64
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #65
    L1011
    Registered Users Posts: 69,018 ✭✭✭✭L1011


    davo10 wrote: »
    Isn't law based on morals?

    No. Morals are entirely personal. Law certainly isn't.


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    #66
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    L1011 wrote: »
    No. Morals are entirely personal. Law certainly isn't.

    I would have been thought that morally wrong is the underlying concept for legally wrong, for instance, theft, fraud, rape, murder etc


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    #67
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #68
    L1011
    Registered Users Posts: 69,018 ✭✭✭✭L1011


    davo10 wrote: »
    I would have been thought that morally wrong is the underlying concept for legally wrong.

    That depends on a single ideal of what is/isn't morally wrong. Which there definitely isn't.

    It almost certainly meets someones idea of morals or else it would never have existed.


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    #69
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    L1011 wrote: »
    That depends on a single ideal of what is/isn't morally wrong. Which there definitely isn't.

    It almost certainly meets someones idea of morals or else it would never have existed.

    The law is incomplete?


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    #70
    MayoSalmon
    Registered Users Posts: 2,279 ✭✭✭MayoSalmon


    Morality influences law..simple


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    #71
    L1011
    Registered Users Posts: 69,018 ✭✭✭✭L1011


    davo10 wrote: »
    The law is incomplete?

    Law which encompassed everyone's moral compass would be, well, non-existent.

    It isn't even valid to say that it covers a majority at a given time in many cases.


    This is getting extremely towards Humanities forum content rather than dealing with the OPs issue though


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    #72
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #73
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Fred Swanson wrote: »
    If you don't like the concept of statute barred debts, then write to your TD asking for the law to be changed to suit your personal moral views.

    Ah here, do you think that has any meaning?


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    #74
    mrslancaster
    Registered Users Posts: 1,820 ✭✭✭mrslancaster


    Purple Mountain wrote: »
    He could have been a legal person with a will to probate.

    He could have been a sales person the OP dealt with before and is persistent in only dealing with the OP.

    He could be someone collecting for a charity and again be persistent on meeting the OP only if he knows that the OP is a foregone donor.

    Moral of story - you have no way of knowing it's a debt collector.

    He could be a TV licence inspector..


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    #75
    unkel
    Registered Users Posts: 65,471 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    anewme wrote: »
    The Op did not forget their bank loan . They had another post from 2015 asking how they could apply for PCP for new car with a bad credit record.

    Any link?

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    https://www.adverts.ie/member/5856/ads



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    #76
    Hoboo
    Registered Users Posts: 3,566 ✭✭✭Hoboo


    unkel wrote: »
    Any link?

    https://www.boards.ie/vbulletin/showthread.php?p=94167692


    The majority of their other posts were about seeing mediums and clairvoyants..............clearly they weren't very good!


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    #77
    notharrypotter
    Closed Accounts Posts: 1,112 ✭✭✭notharrypotter


    unkel wrote: »
    Any link?
    Bank loan is I suspect from OP's comment in post 1
    I know I have a debt owing for a loan I took out 10 years ago.
    The PCP query is from another of the OP's posts in a different thread.
    have enquired with Renault about their pcp finance offer.


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    #78
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    neenah wrote:
    Can anyone offer some advice please. I had a debt collector call to my door last night looking for me. My partner answered and said I wasn't home as I was in the shower at the time. He didn't introduce himself as a debt collector but my partner said he's pretty sure he is one as he refused to talk about anything with my partner and he had paperwork in his hand. I know I have a debt owing for a loan I took out 10 years ago.


    OP if you have not engaged or acknowledged the debt in over six years under no circumstances acknowledge it now. Forget about the high horse brigade. Contact Mabs and ask for their advice. Again admitt and acknowledge nothing. The debt if unacknowledged for 6 + years is statue barred that's the law whether it is moral or not is irrelevant.


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    #79
    Odyssey 2005
    Registered Users Posts: 21,065 ✭✭✭✭Odyssey 2005


    Hoboo wrote: »
    https://www.boards.ie/vbulletin/showthread.php?p=94167692


    The majority of their other posts were about seeing mediums and clairvoyants..............clearly they weren't very good!
    Well..fuk me. !


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    #80
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    Hoboo wrote:
    The majority of their other posts were about seeing mediums and clairvoyants..............clearly they weren't very good!


    What's that got to do with what the OP has asked here?


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    #81
    unkel
    Registered Users Posts: 65,471 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    Hoboo wrote: »
    https://www.boards.ie/vbulletin/showthread.php?p=94167692


    The majority of their other posts were about seeing mediums and clairvoyants..............clearly they weren't very good!


    Thank you. The OP should be ashamed of herself. Some of us had a real bad time after having done nothing wrong. The OP likes to party. And not pay for it. And then party again. And not paying for it.

    Pay your debts OP, before whinging here. Have you no shame?

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    https://www.adverts.ie/member/5856/ads



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    #82
    Hoboo
    Registered Users Posts: 3,566 ✭✭✭Hoboo


    Hitman3000 wrote: »
    What's that got to do with what the OP has asked here?

    You'll need to read the last 2 pages and all will be revealed.


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    #83
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    Hoboo wrote:
    You'll need to read the last 2 pages and all will be revealed.


    I've read all the comments, still no relevance to what the opening post in this thread is about tbh.


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    #84
    joeguevara
    Registered Users Posts: 8,076 ✭✭✭joeguevara


    Hitman3000 wrote: »
    OP if you have not engaged or acknowledged the debt in over six years under no circumstances acknowledge it now. Forget about the high horse brigade. Contact Mabs and ask for their advice. Again admitt and acknowledge nothing. The debt if unacknowledged for 6 + years is statue barred that's the law whether it is moral or not is irrelevant.

    Wrong. Every time the entity sends a reminder of debt it starts clock again. If what you were saying was correct then everyone would gets loan and then ignore letters seeking repayment. Complete nonsense. Don’t give advice that could get poster in bigger trouble and irreparably damage their ICB. OP if you got a loan and owe money then how about taking responsibility and start paying it back.


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    #85
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    unkel wrote:
    Pay your debts OP, before whinging here. Have you no shame?


    Shame? If the debt has not been acknowledged in over 6 years it is unenforceable as it is statue barred. Morals etc is no consequence, the law is what applies in this instance.


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    #86
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    The clock only starts when the person whom the debt relates too acknowledges it. I suggest you look up the law regarding statue barred debt.
    Just to add a court order can only be sought in the first six years and after an order has been secured 12 years is the time frame to collect. All on the Citizen Advice website. Happy reading.


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    #87
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    joeguevara wrote:
    Wrong. Every time the entity sends a reminder of debt it starts clock again.


    Absolute rubbish, I suggest you have a look on the Citizen Advice website about statue barred debt.


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    #88
    joeguevara
    Registered Users Posts: 8,076 ✭✭✭joeguevara


    Hitman3000 wrote: »
    Absolute rubbish, I suggest you have a look on the Citizen Advice website about statue barred debt.

    You might have a read of it yourself. It’s not about acknowledgement. If it was about acknowledgement then as I said before everyone would ignore every mortgage letter etc.

    Just to be clear this is what citizens advice says:

    The law in relation to time limits is complex but, in general, the time limit for taking actions for breach of contract (for example, failure to pay for goods or services provided), for debt judgments and for non-payment of charges such as rent is 6 years. This means that if your creditor does not start the court action within 6 years of the debt being due, the action is statute-barred. Effectively, that means that you cannot be forced to pay the debt.

    Now as you can see nothing about acknowledgement. We would need to know if a court action has been taken. Read the letters and see. If it hasn’t from 6 years from the date of when you went into debt then you are home free. If a court action has been taken then they will seek judgement and have 12 years too enforce. If you try and delay you may be held in contempt of judgement and may have to pay more damages. Don’t put your head in the sand. Seek advice from MABS or a personal insolvency practitioner. Don’t take advice of refuse to acknowledge as it may cause more damage to the debt you already owe. Finally if you owe money how about paying it. If you got a loan and took money then why do t you think you should pay it back?


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    #89
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    joeguevara wrote:
    You might have a read of it yourself. It’s not about acknowledgement. If it was about acknowledgement then as I said before everyone would ignore every mortgage letter etc.

    Funny but it is actually about acknowledgement ie agreeing you owe the debt and enter into an agreement to pay. If a court order has not being sought during the 6 years that the debt is due the statue bar comes into affect. The OP took out the loan 10 years, save for a few letters no court action has being mentioned in favour of the lending institution . Therefore on that basis the OP is as you say home free and owes nothing his credit rating by my reckoning will be clean next year . So please stop posting your own opinion as fact. The Citizen Advice website in regards this matter is clear and easily understood. The OP is under no obligation to engage with any debt collecting agency even if you would like him too. The law is on his side in this instance assuming there is no court order in existence from the 6 year period.


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    #90
    joeguevara
    Registered Users Posts: 8,076 ✭✭✭joeguevara


    Hitman3000 wrote: »
    Funny but it is actually about acknowledgement ie agreeing you owe the debt and enter into an agreement to pay. If a court order has not being sought during the 6 years that the debt is due the statue bar comes into affect. The OP took out the loan 10 years, save for a few letters no court action has being mentioned in favour of the lending institution . Therefore on that basis the OP is as you say home free and owes nothing his credit rating by my reckoning will be clean next year . So please stop posting your own opinion as fact. The Citizen Advice website in regards this matter is clear and easily understood. The OP is under no obligation to engage with any debt collecting agency even if you would like him too. The law is on his side in this instance assuming there is no court order in existence from the 6 year period.

    If the op ever made a repayment or an acknowledgement of debt. Similarly if they signed a credit agreement that is acknowledgement. Also if the credit agreement outlines that the bank can engage a debt collector for arrears and the op signed it then they can’t ignore it.

    Also if the bank sold the debt to a third party then that third party can chase the creditor. Recent example of this is PTSB selling non performing mortgages. It all depends on the original credit agreement and if letters outline court action. It’s not opinion. But it is disingenuous to give advice to refuse acknowledgement as a way out.


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    #91
    anewme
    Registered Users Posts: 11,951 ✭✭✭✭anewme


    Is it six years from the date the loan was taken out or 6 years from the date the last payment was due or 6 years from the date you stopped engaging with the bank or their representative.

    For example; just say you take out a 5 year loan but stop paying after year 2.
    Obviously then it would take another couple of years to go through all the rigmarole about making payments etc before the debt is eventually passed to the debt collector. Still the person is saying they will pay etc so still acknowledging the debt and this could well be 6 years after the date the loan was drawn down.

    When does the six years start from ?


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