Mortgage (30mths left) & Revenue (€7k) have priortiy but IJ-MBNA seek judgement €5k

P

pig dog

Registered User
Messages
22
Hey all,
I have a few debt issues:

First of all I trawled the site and found some helpful advice but am a little worried.

A few years ago I ran out of work (self employed) and was refused social welfare but have recently picked up a stable full time job. Although its barely over minimum wage its steady.

However in the dark dark time I was out of work I ran into some serious difficulty.

That difficulty is that the revenue managed to swing a rebate in the region of several thousand euro in circa 2002 to a situation of I now owe them them over €7,000.

My credit card has gone from credit card to debt collection agency Intrum Justitia IJ.

Despite my explaining to them that I owe revenue the amount mentioned above and that and my mortgage take priority.

I have tried to set a repayment plan with IJ and if I miss a month I make up for it by paying twice or three times in one month.

I don't recollect having a contract with the debt collection agency but in January received, I think a civil summons. I spoke to a friend in the know who said that they were possibly pushing me to see if I would crack. I wont.

During the week I received a document from them which says its DECREE (SUMMARY JUDGEMENT) against me.

For the court date that it states on the document I never received any notification of any kind that I was being taken to that court on that date.
Can they go to court without my knowledge?

Would I be right in saying that because I have paid them something I have formed a contract with them

Although in previous correspondence they have mentioned MBNA but in the latest letter they make no mention of MBNA.

Should I just continue to pay the amount that I had agreed to pay and they accepted to pay but now on a more regular basis.

If I stop paying (seriously considering it if they went to court without my knowledge) is the next step the sheriff?

I have no 'real' assets apart from the family home.

My priorities are as above i.e. mortgage then revenue debt (however badly aggrieved I feel about it).

I know playing silly buggers with revenue isn't an issue so that has to be done.

Only a 30 months left on my mortgage if I could buy some time could lash my cc off in a few months.

The overall amount with debt collection agency is €5,000

dca is Intrum Justitia
CC is/was MBNA
 
Hi PG and welcome to AAM,

Ive expanded your title a little let me know if thats ok.

aj
 
I know it's not the exact subject of your query, but are you sure about this Revenue debt? Do you actually understand what you owe, and are you satisfied tha it's validly due, or are you just accepting what they're demanding?
 
Oh I am sure.
Buts thats another tale.
The short version is this.
I got a notice ,way back saying they owed me several thousand euro due to overpayment.
About 4 years ago when I rang up about it they more or less denied it (for the sake of the short version) and then the demand for my years of elf employment came in in a few short weeks I owed them 8k
 
mandelbrot said:
and are you satisfied tha it's validly due, or are you just accepting what they're demanding?
Click to expand...
As a mortal I have no choice but to accept it.
As to its validity.
While I accept that I may have filed wrongly and therefore owe some. They way they wiggled out of paying me is frankly disgraceful.
I spoke to someone that I knew well up in revenue and they told me that there was a definite payment of several thousand down as owed to me but that person subsequenlty retired.
 
pig dog said:
Oh I am sure.
Buts thats another tale.
The short version is this.
I got a notice ,way back saying they owed me several thousand euro due to overpayment.
About 4 years ago when I rang up about it they more or less denied it (for the sake of the short version) and then the demand for my years of elf employment came in in a few short weeks I owed them 8k
Click to expand...

pig dog said:
As a mortal I have no choice but to accept it.
As to its validity.
While I accept that I may have filed wrongly and therefore owe some. They way they wiggled out of paying me is frankly disgraceful.
I spoke to someone that I knew well up in revenue and they told me that there was a definite payment of several thousand down as owed to me but that person subsequenlty retired.
Click to expand...

Well you're either owed back the money or you're not - if I were you I would be seeking absolute certainty that the overpayment isn't available for offset...
 
I know its a divergence to my most urgent problem but when I rang up enquiring about it all those years ago I was told and I qoute 'sorry but that was a mistake. Its not that amount'
A subsequent phone I was told no nothing owed. When I pushed the person admitted that I was paid €250. I could find no trace of this amount. Then when he demands started rolling I asked t he person ,now retired, and they confirmed that there was a refund of several thousand on my file.
When I was told this I rang up looking for some of it to be offset but was then flatly told Nothing there.
Really wtf is going on.
Anyway.....again CC/IJ is my most pressing issue now.
 
pig dog, I am/was in a very similar position, I too was landed with a bill from Revenue that I had to repay and caused me to be unable to keep up on a large credit card bill with MBNA(now Avant). I have just finished repaying Revenue but Avant have just written to me informing me that they are referring for collection to Cabot Financial. I too would be very interested to hear from other users what their experience and knowledge of these agency is.
I felt that my bill with Revenue although valid was unfair but just had to swallow it and repay them over 3 years.
 
pig dog said:
My credit card has gone from credit card to debt collection agency Intrum Justitia IJ.

I have tried to set a repayment plan with IJ and if I miss a month I make up for it by paying twice or three times in one month.

I don't recollect having a contract with the debt collection agency but in January received, I think a civil summons. I spoke to a friend in the know who said that they were possibly pushing me to see if I would crack. I wont.

Would I be right in saying that because I have paid them something I have formed a contract with them
Click to expand...

You are relying on a friends advice to ignore IJ? Do you think that is wise? IJ quite clearly mean business with you, they've taken you to court, you've ignored their summons and it appears this was brought about because a) you weren't paying MBNA and b) you didn't keep up the agreed repayments with IJ. Paying double or treble one month having missed a month is not how it works. You have to stick to what was agreed.

Also what's with you saying you have no contract with IJ, you owe the money? Other posters on here have said much the same, is this the freeman nonsense?

Not sure if they will send a sheriff round, most people don't have anything worth selling. I have heard of people going to jail for an hour or two, or some days, for debts.
 
Bronte,
I spoke to IJ after the inital 'court document' and once again explained to them that A) I had only recently got back into full time employment after haveing spent the best part of 12 months with zero income and I was trying to get back on my feet and B) that my payment priorities were my mortgage and my revenue bill.
I explained to them that I woud commit to a repayment plan that I could hold to rather then commit to a plan that I simply couldn't afford.
I was upfront and truthful with them and by and large kept to it.
THEY AGGREED TO THIS!
Now I have this letter that says that in late November a judgement was issues against me.
Why was I not informed that they were going to court again so I could go and defend myself.
 
Regards the contract issue I mentioned:
No its not freeman crap.
I had no idea that MBNA were going down this route as I was in ongoing talks with MBNA and thought we were slowly getting places.
Apparently not.
I never signed a contract with IJ but am asking because I agreed to a repayment plan with them on the notion given by them that they were working for MBNA and now there is no mention of MBNA.
 
Markie,
From my recent experience go back to Avant and set a repayment plan with them.If you get a letter from the other lot send a registered letter to them saying you are still in contract with Avant and dealing with them.
 
As regards the sherriff....If they do write or call I will give them a copy of my revenue bill and tell them that and my mortgage takes priorty.
If I gotta spend a night or two in prison to put this hell behind me then so be it.I have kids and at times they were they only thing stopping me from doing something really stupid.
I have almost nothing ,except my house, to my name so that will end that.
.
Its not that I don't want to pay but I need this to come to an end somehowas its again starting to destroy my life.
 
Ok don't worry about the sheriff. He has to go through the motions. He won't give you any hassle there so please relax a little. Using the sheriff is an archaic step that is needed so the bank can push onto getting an instalment order.

What is likely to happy next is that Avant will seek an instalment order directing you to pay x amount per week. A judge decides how much if anything you have to pay based on your current situation. Again the judge is on your side he will not order you to pay something you can't afford to pay.

A few days in prison does not wipe debts. That only applies to criminal fines.
 
Thanks for that, Time.
Was getting panicky.
I presume that IJ will go through the same motions as Avant will.I have never had any dealings with Avant as it was still MBNA whenI was dealing with them.
 
IJ/Ashtown Solicitors.
I know this sounds stupid and ridiculous as I have never seen a document like this but it doesn't look real.
 
pig dog said:
I explained to them that I woud commit to a repayment plan that I could hold to rather then commit to a plan that I simply couldn't afford.
I was upfront and truthful with them and by and large kept to it.
THEY AGGREED TO THIS!
.
Click to expand...

They did not agree to a replayment plan that one keeps to 'by and large'. That's why they are pursing you. If you had kept to what was agreed there would be no reason for them to go after you.

What exactlty did they agree to, and was it in writing.
 
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