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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10411
Experience:  Barrister 17 years experience
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Hi,I was wondering could i get some advice. I moved to

Customer Question

Hi,

I was wondering could i get some advice. I moved to the UK in 2008 from Ireland. Recently my father told me that a debt collection agency have been ringing my home in IrelAND. I received a letter stating i owe 3000 euros for a hire purchased van many years ago that was crashed and given back. im a bit confused as it is almost 6yrs ago since the van was handed back. Will i have to pay that and what will happen if i dont? I would appreciate your feedback and advice thanks.

John
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  ajlaj01 replied 2 years ago.
Hi,

Thank you for your question and welcome.

Is the debt collection agency based in England?

Have they provided evidence of this debt?

Kind regards

AJ
Customer: replied 2 years ago.


HI,


 


Thanks for your prompt reply. No the agency are Dublin based. I have not resided in Ireland for several years. They have sent me just a simple letter explaining i owe money but did not provide any documents. Im just looking for this to go away as i do not want them to be harrassing my retired parents in Ireland.


 


Kind Regards


John

Customer: replied 2 years ago.

HI,


 


 


Thanks for your prompt reply. No the agency are Dublin based. I have not resided in Ireland for several years. They have sent me just a simple letter explaining i owe money but did not provide any documents. Im just looking for this to go away as i do not want them to be harrassing my retired parents in Ireland.


 


 


 


Kind Regards


 


John

Expert:  Buachaill replied 2 years ago.
1. At the outset, there is a six year time limit on any claims being made under a hiring agreement made with any hiring company. Accordingly, if this hiring took place before 2008, it is now statute barred and these people have no good claim in law.
2. Secondly, a creditor is not allowed to harass any person who does not owe a debt or is not a party to a hiring contract such as your parents. It is a criminal offence under the 1997 Criminal (Non Fatal Offences) Act to harass another person. So here, your parents should report these people to the Gardai and get the Gardai to tell them to leave your parents alone. This debt collection agency have no lawful right to harass your parents here for any debt which might be owed by you.
3. Ultimately, your parents need to be forceful with this debt collection agency and you should not pay up if the six year time limit has passed.
Buachaill, Barrister
Satisfied Customers: 10411
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Buachaill,


 


Many thanks for your excellent feedback. Does the 6 years start from time of start of contract ? What do you suggest i say to them if i contact them? I would appreciate your continues advice.


 


Kind Regards


John

Expert:  Buachaill replied 2 years ago.
4. Dear John, The six years runs from the date the debt arises ie the date upon which payment is due. Not the start of the contract. It is the date the money first falls due. Secondly, when your parents (not you) contact them make clear they will contact the Gardai and report their conduct as harassment. Here it should be your parents who make the contact and not you as they are the people who are being harassed.
Customer: replied 2 years ago.

Hi again buachaill,


 


Thanks again for your advice. My parents have forwarded me on yet another letter titled final demand and threatening legal action. I have sent them an email informing them i do not live at that address and have requested they send me proof documentation to show how i owe the sum of money. Your thoughts would be great.


 


Kind Regards


John

Expert:  Buachaill replied 2 years ago.
5. Dear John, it would have been wiser for you not to have corresponded with them at all. YOur parents should have written to them and you should just have stayed schtum! There is little advantage with corresponding with them as you are just informing them to search elsewhere for you. Remember they will seek to serve you with a writ before the six years is up. This can be done to your email address and deemed good if you have corresponded with them by email. So I would advise you not to correspond with them any more, especially as the six years time limit is not up.
Customer: replied 2 years ago.

Hi again buachaill,


 


Thanks again for your advice. Since i sent the last email to them i have not heard anything whatsoever nor have my parents received calls or mail. I am trying not to involve my parents in this fiasco as they are from the old school era and would be panicking over something like this. I will take your advice and do nothing? Thanks again


 


Kind regards


John

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