Debt collector calling

joeguevara

anewme wrote: »

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 ?

6 years from debt being due I.e when arrears start. If you get up to date again and go into arrears 2 years later then 6 years start when new arrears began.

Hitman3000

joeguevara wrote:

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.

Will you stop posting nonsense. The information on the CA website is clear and concise. There has also been numerous threads on this particular forum regarding Statue bar of debt and it all disagrees with what you are trying to claim and suggest. From a moral point of view yes the OP should pay the original lender. From a legal point of view based on the information disclosed here he is under no obligation to.

Hitman3000

anewme wrote:

When does the six years start from ?

From when the contract was broken ie last payment.

joeguevara

Hitman3000 wrote: »

Will you stop posting nonsense. The information on the CA website is clear and concise. There has also been numerous threads on this particular forum regarding Statue bar of debt and it all disagrees with what you are trying to claim and suggest. From a moral point of view yes the OP should pay the original lender. From a legal point of view based on the information disclosed here he is under no obligation to.

It is not nonsense. We don’t know what the letters say. If a court action has been initiated then refusing to acknowledge those letters will not help the OP. We need more information.

anewme

I spotted this in a solicitors website. That’s why I dont understand the dates. If a person is still saying yeah I will pay when I get sorted etc even if it is still more than 6 years after they first went into debt. To me this reads like the six years starts when you have last been in contact.

It’s quite confusing and the dates could be really wide.

1.1 Debts

Actions for the recovery of debts (liquidated sums) are based on contract and actions can be brought within 6 years of when the sum became due.

However, this can be changed if the debtor acknowledges the debt after it becomes due or he makes a part payment. The right of action in these circumstances will be deemed to have accrued on the date of acknowledgement of the debt or on the date of part payment.

This applies regardless of whether the statutory period has expired or not.

Hitman3000

joeguevara wrote:

It is not nonsense. We don’t know what the letters say. If a court action has been initiated then refusing to acknowledge those letters will not help the OP. We need more information.

It is nonsense, the OP mentions letters from the bank and a debt collection agency. Nothing about a court judgement which would be a big thing to omit. The debt has been sold and someone like Cabot and Belgarde is hoping to enforce a debt. All this is assumed on the basis that the caller was a debt collection agent and not an Electricity salesperson.

anewme

Hitman3000 wrote: »

It is nonsense, the OP mentions letters from the bank and a debt collection agency. Nothing about a court judgement which would be a big thing to omit. The debt has been sold and someone like Cabot and Belgarde is hoping to enforce a debt. All this is assumed on the basis that the caller was a debt collection agent and not an Electricity salesperson.

I álso think there is not enough information to make an assessment.

I know you are saying not mentioning a court judgement is a big thing to omit, but so is “almost forgetting” you owe a debt but suddenly remembering as clear as day and associating with someone who knocks on the door who as you say could be airtricity..

The Ops RePayment capacity also changes depending on whether they are asking for the money or being asked to pay it back.

10 years ago they could not pay and are still struggling with bills and mortgage.

Yet 3 years ago they wanted to take out a PCP agreement on a car. You would not do that unless you felt you could afford the repayments surely.

So it all seems a bit mixed up and I agree and think there’s not enough info to come to the barred conclusion.

joeguevara

Hitman3000 wrote: »

It is nonsense, the OP mentions letters from the bank and a debt collection agency. Nothing about a court judgement which would be a big thing to omit. The debt has been sold and someone like Cabot and Belgarde is hoping to enforce a debt. All this is assumed on the basis that the caller was a debt collection agent and not an Electricity salesperson.

The OP hasn’t really given any information. They don’t even know if the people who called to the door were even a debt collection agency. So it is all conjecture. My only point is that it is dangerous to do nothing about it and refuse to acknowledge. Best advice is next time they come is take any documentation that they have. This wouldn’t be acknowledgement unless it is a summons. If it is and is out of time then that would be challenged. But knowing what exactly the issue is will allow the op to get real advice.

Because the OP doesn’t even know who turned up to the door may be worrying themselves unnecessarily. For all we know the people who turned up to the door could be long lost relatives. I am a strong believer in facing everything head on and making decisions with all information rather than worrying about what ifs.

Caranica

OP did you call the number? Lots of the advice here relies on your presumption that it was a debt collector but maybe it wasn't?

rock22

whiterebel wrote: »

While I would agree with paying your debts at all times, using German banks as a paragon of virtue is beyond ridiculous. The very same German banks who's international divisions went handing out money to banks in Ireland like sweets? Some very short, selective memory at work there.

Any proof of that?
Irish banks were regulated by Irish regulator and therefore all international banks had every reason to believe they were safe. Fault lay with our 'light touch' regulation . And that was, and still is, government policy in all host of areas.

Someday this country will grow up and accept responsibility for its' own mistakes.

Hoboo

Hitman3000 wrote: »

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

It was merely a quip, noting the relationship between someone going to numerous mediums and clairvoyants, and then in the future a debt collector calling to their door and they don't expect it. It wasn't a reply to the original post.

anewme

rock22 wrote: »

Someday this country will grow up and accept responsibility for its' own mistakes.

Personal responsibility and accountability of every citizen might be a good start.

piplip87

Pay your bills and this won't happen. You have buried your head in the sand for the best part of a decade. I am pretty sure there would have being letters and calls through out the process. You have being given every opportunity to pay or come to an arrangement. You have buried your head in the sand.

Have Cabot bought the debt or are Cabot working on behalf of the bank ?

Cabot provide a service for creditors, unfortunately its a necessary evil as Irish people think not paying a bill is sticking it to the man.

Best advice is to go to MABS at this stage. They will guide you through the process.

If you have another source of credit, get 50% of what you owe together and see can they settle on the account. If they have bought the debt they will, if not it it will be 70-80%.

I have dealt with Cabot before and have also worked in a similar company. Dealing with bank cases on a daily basis.

Hitman3000

piplip87 wrote:

If you have another source of credit, get 50% of what you owe together and see can they settle on the account. If they have bought the debt they will, if not it it will be 70-80%.

Why would the OP bother if the debt is statue barred? which judging by the timeline they describe it is. Ridiculous advice.

davo10

Hitman3000 wrote: »

Why would the OP bother if the debt is statue barred? which judging by the timeline they describe it is. Ridiculous advice.

Assuming it was a DC, they are unlikely to chase a statute barred debt, and would not wait 10 years to contact the op.

So there are a couple of possibilities, the caller may not be a DC, the caller may be a DC calling about some other debt, the debt may not be statute barred as the op posted she did communicate with them in the past so the timeline described may not be accurate. There are probably more possibilities, the op just needs to call the number, whoever it is may be back soon.

I'm pretty sure you are right by the way about the terms of statute bars, it's from the last date the debtor communicated with the debtor, not the last date the creditor attempted to communicate with the debtor. If it's been 10 years since the op communicated with the bank about the debt, it would seem to be statute barred.

anewme

Hitman3000 wrote: »

Why would the OP bother if the debt is statue barred? which judging by the timeline they describe it is. Ridiculous advice.

But they haven’t given a timeline, just that they took out a loan 10 years ago.

No times or terms or dates in relation to payments, letters, agreements to Pay etc.

It’s not enough information to assume it’s barred and would be wrong to advise the Op this given the lack of information.

Hitman3000

davo10 wrote:

Assuming it was a DC, they are unlikely to chase a statute barred debt, and would not wait 10 years to contact the op.

I won't quote the rest of your post . Yes the OP could provide a little more info.
As for the above it depends. Not every debtor is aware of the law relating to the timeline allowed for debt enforcement and some collection agencies are quite willing to chance their arm. There is numerous threads in this Forum about one particular company and the tactics they employ.

Hitman3000

anewme wrote:

It’s not enough information to assume it’s barred and would be wrong to advise the Op this given the lack of information.

By that logic it's equally wrong suggesting making a payment of 50% without the full facts.

anewme

Hitman3000 wrote: »

By that logic it's equally wrong suggesting making a payment of 50% without the full facts.

I did not suggest they pay 50%.

They need to furnish themselves with the facts.

Take a bit of responsibility for themselves. The “woe is me a burly man knocked on a woman’s door is just scaremongering crap.”

The OP has not given enough to go on either way.

Only advice we can give really is for the OP not to apply for any more loans or credit as it does not suit them.

Fred Swanson

This post has been deleted.

piplip87

Fred Swanson wrote: »

In that case lobby to have the law changed. The current situation is in place to protect people from scummy debt collectors chancing their arm.

If people paid their bills, then there would be no need for collectors to knock on their door.

davo10

Fred Swanson wrote: »

It seems you and another few posters have strong moral views on debts and do not agree with debts going statute barred.

In that case lobby to have the law changed. The current situation is in place to protect people from scummy debt collectors chancing their arm.

Nope, I've no issue with statute bar nor morals of debt. I do however believe that when to take out a loan or sign up for a service, you should expect there to be consequences if you do not pay for it.

Telling someone to "lobby your TD" to change the law is being either naive or being a smart**se.

endacl

Hitman3000 wrote: »

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

They don’t engage very well with reality, until reality knocks at the door? Or with their own thread once ‘bull5hit’ has been revealed?

California Dreamer

I see the OP has dug their head in the sand and not replied to this thread, hoping that it all goes away probably!

Bruthal

California Dreamer wrote: »

I see the OP has dug their head in the sand and not replied to this thread, hoping that it all goes away probably!

Broadband/phone probably cut off

Purple Mountain

There has been 8 pages on theories, advice and anecdotes and yet we still don't know who was at the door!

neenah

RustyNut wrote: »

Hi OP, before you call the number and engage with these people give these guys a ring and see what they think. It might be in your best interests not to engage with them at all.


Is the number he left a land-line? Did you Google it?

It was a mobile number that he left. I've rang him but haven't got a reply. I blocked my number when ringing him so I'll try again tomo

neenah

Purple Mountain wrote: »

There has been 8 pages on theories, advice and anecdotes and yet we still don't know who was at the door!

I did try to ring him but got no reply. There wasn't any details on his voice mail only a request to leave a message which I didn't. I'll try again tomo

Hitman3000

Contact MABS, have a look on the Citizen Advice website regarding statue barred debt. Of course it may not be a debt collector but again ignore the high horse brigade.

Purple Mountain

Jehovas Witness?