Debt that should be settled.

imlostatsea · 28-12-2015 11:31PM #1

Hi,

Just looking for some advice. I had not paid a toll and it built up to about 100 euro back in June. I rang the legal firm regarding the debt and they accepted a payment of 60 euro in settlement of the debt which I paid over the phone there and then.
I have still continued to receive letters from the firm and everytime I have, i rang them to say that I had paid and the person on the phone has said everything is o.k there is nothing to worry about and it has been sorted.
I have since moved out of my family home so I was quiet shocked on Christmas day when my mother handed me some post that one of the letters was from the firm saying it had gone to court and I had to pay over 800euro or it goes to the high court. Obviously by the time I got the letter the seven days had passed and now with the Christmas period I have been unable to contact them.
I am wondering if I should get my own solicitor or to ring them and say what?
I have my bank statement showing proof of payment. I'm just worried that it goes to court without me knowing again and I have people knocking on my door demanding money for something which as far as I was aware was sorted. Any legal advice would be much appreciated.
Thanks

Stheno · 28-12-2015 11:34PM

Send them a copy of your bank statement redacted with everything apart from the payment you made?

imlostatsea · 28-12-2015 11:37PM

I had said that on the phone before to them and they said no it's ok I can see it here everything is sorted, but now that a legal judgement has been made do I still have to pay? and what am I going to say to them because I'm worried I be told the same thing and still end up with people calling looking for it to be paid.

Stheno · 28-12-2015 11:39PM

imlostatsea wrote: »

I had said that on the phone before to them and they said no it's ok I can see it here everything is sorted, but now that a legal judgement has been made do I still have to pay? and what am I going to say to them because I'm worried I be told the same thing and still end up with people calling looking for it to be paid.

Ah I didn't see it had gone to court. You can appeal it in court with proof of the original payment.

Probably best to get a solicitor.

imlostatsea · 28-12-2015 11:40PM

Thanks

goz83 · 30-12-2015 01:20AM

Sue them for killing christmas. I hope the turkey was still well cooked and soaked in gravy. Happy new year.

prinzeugen · 30-12-2015 02:11AM

imlostatsea wrote: »

Hi,

Just looking for some advice. I had not paid a toll and it built up to about 100 euro back in June. I rang the legal firm regarding the debt and they accepted a payment of 60 euro in settlement of the debt which I paid over the phone there and then.
I have still continued to receive letters from the firm and everytime I have, i rang them to say that I had paid and the person on the phone has said everything is o.k there is nothing to worry about and it has been sorted.
I have since moved out of my family home so I was quiet shocked on Christmas day when my mother handed me some post that one of the letters was from the firm saying it had gone to court and I had to pay over 800euro or it goes to the high court. Obviously by the time I got the letter the seven days had passed and now with the Christmas period I have been unable to contact them.
I am wondering if I should get my own solicitor or to ring them and say what?
I have my bank statement showing proof of payment. I'm just worried that it goes to court without me knowing again and I have people knocking on my door demanding money for something which as far as I was aware was sorted. Any legal advice would be much appreciated.
Thanks

Phone the court.. Just to make sure what you have is legit.. I know from personal experience that these "companies" like to make fake documents.

Or do a search for yourself on courts.ie..

+ you would not be going to the high court for a €800 toll bill..

The_Minister · 31-12-2015 02:48AM

€800 doesn't go to the High Court, but it seems quite clear that they are escalating towards court.
Also, it would have to have been properly served on you first, not just popped in the post.

You should check this - they could be messing with your credit rating, or trying to establish a paper trail to make it look like you were being obstinate.

NUTLEY BOY · 06-01-2016 11:08AM

Some of this type of carry on is just opportunistic bullying and bluster to threaten and intimidate money from people on what is one degree Fahrenheit below fraud.

You owed a debt, you made an arrangement to discharge it and paid it. They should have no additional rights beyond that. Accord and satisfaction is the phrase that occurs.

You need to take the initiative with this type of thing. Some of these people operate on the basis that they just ignore what is said on the telephone and then expect you to pay the bill for their administrative incompetence which leads to bills being racked up.

Hopefully, you have the name of the person with whom you dealt in the law firm with which you agreed the settlement. Ring that person first and ask them to explain exactly what they think that they are at and advise them that you will be calling them as a witness if the matter goes to court (to verify the telephone conversation and what was agreed).

Follow that up with written verification of your summary of the transactions and enclose a copy of the redacted statement - as per Stheno above - that verifies payment to them and the date of payment. Demand written confirmation that the matter is now fully settled and that the debt has been paid in full. It will cost just over €6 but I would send that letter by registered post.

Ten Pin · 06-01-2016 11:25AM

NUTLEY BOY wrote: »

Ring that person first and ask them to explain exactly what they think that they are at

Record the call if you can and tell them that it's being recorded. Also ask them if they have a recording of the calls you made before.

dissed doc · 06-01-2016 11:33AM

Send them a registered letter and a copy of the payment.

And a statement that you will charge e.g. €50 for this verification, requesting payment within 30 days. Report them for fraud if they are using your details to create fraudulent debt claims.

You paid, so the 800 debt is made up. Sue them back. They are not in charge of the situation.

Do everything written and bill them every time. Stop phoning.

seamus · 06-01-2016 11:38AM

Ten Pin wrote: »

Record the call if you can and tell them that it's being recorded. Also ask them if they have a recording of the calls you made before.

Just to note, you don't have to tell them the call is being recorded. In Ireland only one party needs to be aware that the call is being recorded.

In fact, it may be more useful to not tell them - if you say it, they may bluster over their words and claim that they're not sure the account is settled, etc etc. If you don't tell them, they're more likely to be natural and uncensored in their language.

TheChizler · 06-01-2016 11:43AM

dissed doc wrote: »

And a statement that you will charge e.g. €50 for this verification, requesting payment within 30 days. Report them for fraud if they are using your details to create fraudulent debt claims.

You paid, so the 800 debt is made up. Sue them back. They are not in charge of the situation.

Do everything written and bill them every time. Stop phoning.

Agree with getting written correspondence but I don't think you'll get away with billing them without giving them notice of charges first and them agreeing to them.

Also, sue them for what exactly?

the_syco · 06-01-2016 12:10PM

prinzeugen wrote: »

Phone the court.. Just to make sure what you have is legit.. I know from personal experience that these "companies" like to make fake documents.

Is it illegal to fake court documents, and if so, can the OP complain to someone about it, if they are indeed fake?

dissed doc · 06-01-2016 12:14PM

TheChizler wrote: »

Agree with getting written correspondence but I don't think you'll get away with billing them without giving them notice of charges first and them agreeing to them.

Also, sue them for what exactly?

I dont know, harassment? Misuse of personal data? Fraud attempt? I have idea, it just seems very unfair that a debt could be registered by a company with no come back for a person.

TheChizler · 06-01-2016 12:42PM

dissed doc wrote: »

I dont know, harassment? Misuse of personal data? Fraud attempt? I have idea, it just seems very unfair that a debt could be registered by a company with no come back for a person.

Unless the debt collector is a member of the ICB (which they're not I'm betting: http://www.icb.ie/membership.php) then they can't affect your credit rating.

seagull · 06-01-2016 12:50PM

First thing to do is have them confirm in writing that the debt is sorted. Having someone tell you over the phone doesn't really help you at all.

NUTLEY BOY · 07-01-2016 11:19AM

seagull wrote: »

First thing to do is have them confirm in writing that the debt is sorted. Having someone tell you over the phone doesn't really help you at all.

Couldn't agree more.

BTW they say that the matter went to court. If so, they should have copies of the proceedings to send you. If they didn't go to court they are liars and will not have documentary proof.

Also, I assume that you received no notification of proceedings i.e. actual proceedings served on you.

Debt that should be settled.

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