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Shabba....
10 Dec 09 15:02
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Date Joined: 23 Feb 08
| Topic/replies: 1,706 | Blogger: Shabba....'s blog
Is there anyone out there who could help us out I will cut to the chase I owe 290 on my 02 bill I refused to pay for the simple reason that it was a shambles and it went days even weeks without working but they still billed me but I stood my ground and have not paid them but now they have giving there debt onto a debt collectors agency some crowd out in tallaght I got my first letter of them this morning and they were talking about turning up to my house and threatening me with legal action I have never been in this position before so I dont know what to think at the moment, if it went to court it's my word against there's and if I lost and had to pay for there legal fee's then I wont lie I wld be in trouble im just your average joe bloggs I dont have 000's to throw around so im just asking has anyone been thru this all advice is much appreciated cheers
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Report awesome impact December 10, 2009 3:05 PM GMT
i can't really give you any advice but if you where to be blacklisted as some1 who does not pay their bills in this day and age it could be a disaster :-(

Good Luck with whatever you decide to do
Report Shabba.... December 10, 2009 3:09 PM GMT
I really am in limbo impact I have my reasons why im not paing the company in question and I defo wont be using them again, will this effect me in the future with other companies
Report awesome impact December 10, 2009 3:10 PM GMT
im not sure to be honest, hopefully some1 can come on that knows more and help you out
Report Shabba.... December 10, 2009 3:11 PM GMT
Cheers anyway impact all advice much appeciated
Report 3753 Cruithne December 10, 2009 3:16 PM GMT
Take it back to wherever you bought it and explain to them the situation. They'll sort it with O2 and O2 will sort it with the debt collection shower.
Report Shabba.... December 10, 2009 3:18 PM GMT
I tried all of that when it first came about they just dont want to know now they have passed the debt over to the collectors 02 have washed there hands with it all together
Report kavvie December 10, 2009 3:19 PM GMT
arnt 02 sharp enough to use thugs to collect debts?
Report Shabba.... December 10, 2009 3:22 PM GMT
Im worried as hell I dont want them coming up to my house and threatening me or my family I dont know how far they will go I was just wondering has anyone ever gone thru the same thing
Report Doyler1987 December 10, 2009 3:25 PM GMT
"it went days even weeks without working"

That sentence there, if it wasnt working should have brought it back to them there and then. Dont think that'll hold up as your argument with them you know. Probably best off paying it and forgetting about it?
Report Wilhelm Reich in Hell December 10, 2009 3:26 PM GMT
O2 were using some crowd from Limerick so must have switched. I got a letter of them with the wrong amount owing and the wrong details of when it was owed for. I paid and still letters came. Stopped now. Is this for a product or a service (for a phone or the use of one). If it is for a phone or other product that is defective then you might stand a chance depending on the circumstances. If it is for a service like mobile or broadband then you dont and will have to pay the bill
Report Wilhelm Reich in Hell December 10, 2009 3:28 PM GMT
They probably will not call to your house and will keep up with the phone calls and letters (unlessl they think you have emigrated)
Report Shabba.... December 10, 2009 3:29 PM GMT
I brought it back at the time mate and they gave me a new modem but because of the area i was in my connection was working one day and the next it was not working in the end I stopped my account with them but they still charged me and I refused to pay cause I never got a proper service from them
Report Shabba.... December 10, 2009 3:32 PM GMT
Wilhelm Reich in Hell it was for broadband I went months without paying cause I was not happy and they just started to put on late charges and everything
Report Wilhelm Reich in Hell December 10, 2009 3:33 PM GMT
I was in a similar situation but ended up paying for the year long service or lack of it. Was constantly dropping and would never consider them again. Short answer is I dont know, might be able to get some answers on boards.ie. They were very quick to pass on to the debt collectors. A mate of mine owed O2 money and they never called to the house (same Limerick crowd)
Report Wilhelm Reich in Hell December 10, 2009 3:35 PM GMT
They eventually gave up when they thought he had emigrated but took a period of months
Report Doyler1987 December 10, 2009 3:35 PM GMT
Yeah understand where youre coming from. I'd a small problem like that with eircom, because the house was on its own the weather would knock the internet off, still got charged however.

The problem is unless youve got a really good argument, and I mean seriously good, proof etc etc, theyre likely to make you pay it :( Have you got something to prove you closed the account?
Report Shabba.... December 10, 2009 3:36 PM GMT
Cheers mate if I stood my ground wld they start court proceedings or wld they settle out of court with a little reduction to the bill make a deal with them wat do ya think?
Report Shabba.... December 10, 2009 3:38 PM GMT
I closed my account in the shop man when I went in with my broadband at the time so I have no phone call proof just face to face with a girl at the counter that's no proof at all you know
Report Wilhelm Reich in Hell December 10, 2009 3:40 PM GMT
Would be worth trying to haggle I suppose. I just wanted rid of O2 to tell you the truth so payed with no fuss. Their attitude disgusted me and as for the debt collection agency, couldn't even compose a letter properly. I wouldn't be losing too much sleep over it anyway but they do tend to annoy you into paying with the phone calls and the letters. never get an mbna credit card
Report Catch Me ifyoucan December 10, 2009 3:41 PM GMT
Is that you ZIPI ;)
Report Shabba.... December 10, 2009 3:43 PM GMT
Im angry as hell with the fcukers how they can get away with it is beyond me if I or you did what there doing we wld be jailed
Report Doyler1987 December 10, 2009 3:45 PM GMT
Yeah thats no proof :( Not sure what'll happen, basically it looks like youre gonna have to pay it, they'll probably threaten with court because they know they'll win. I did law last year, and so many cases follow previous cases, so if you could find any on the internet in the same situation as yourself that would give you an idea. But you know youve no proof, you wont win on word of month regardless of what theyve done :(
Report Shabba.... December 10, 2009 3:47 PM GMT
Doyler just say it did go that far wld I have to pay for there legal costs if I lost and what's the average wld I pay do ya think
Report Doyler1987 December 10, 2009 3:52 PM GMT
No idea mate, gimme 10mins I'll go look for all the old cases I had, see if anythings in there.
Report Shabba.... December 10, 2009 3:58 PM GMT
Cheers mate much appreciated
Report The Icchantika December 10, 2009 4:12 PM GMT
You will end up paying. I'd imagine 02 have sold your debt to the collection agency and your problem is now with them.
Report Shabba.... December 10, 2009 4:14 PM GMT
Thats exactly whats happened man 02 have washed there hands with it
Report Doyler1987 December 10, 2009 4:16 PM GMT
Right, you get some back up if you can prove that the goods were not of "Merchantable Quality."

"Goods are of Merchantable Quality where they are fit for purpose or purposes for which goods of that kind are commonly bought and are as durable as one can expect having regard of description, price and all other relevant circumstance."

Does not apply to goods that
a) Whose defects are brought to be buyers attention before purchase.
b) If examined before purchase, defects would be clearly obvious.

"A product lacks merchantable quality where its performance is prejudiced and the defect cannot be easily remedied or repaired without expense or taking some time to perform."

Theres actually two mental cases on this area - Wallis v Russell in 1902, a mother asked for two nice crabs for tea, bloke gave her gone off ones, she got food poisoning, court held that even though the fish bloke has no idea they were bad, it was irrelevant.

Then Egan v McSweeney in 1956, someone bought coal, and when lit some of coal exploded and went into her eye, she lost her slight, sued and won because the "goods were not fit for purpose intended or of merchantable quality."

----
Basically you just need proof it wasnt working for the time you were charged over (even then they still might make you pay because be so hard to win against them), if you have proof well and good can challenge them at least, but if you dont you havent got a leg to stand on.. read the sales of goods and services act 1980 and go from there probably.

No idea on how much it'll cost, probably a fair bit more than €290 though..!
Report Shabba.... December 10, 2009 4:23 PM GMT
Thanks for your efforts doyler, It comes down to proof and at the moment it's my word against there's and I cant help but think who's going to beleive me over a big company if they can go this far for a couple of quid how far will they go when it comes to court from what has been advised I think the best thing to do is try to haggle as much as I can and stand my ground and let them start court proceedings and if they do then just pay them off before it sarts if anything that will prob save me a few months at best
Report Doyler1987 December 10, 2009 4:28 PM GMT
Tis no bother man seriously, I knew I learned all the shiite for a reason :^0

Yeah, the problem lies with them having sold it off youre no longer dealing with them you know. You'll have to pay through gritted teeth, it just a case of how long you can drag it out without it getting too serious.
Report Shabba.... December 10, 2009 4:31 PM GMT
I was told it wld cost them to much to go to court but if I had to pay legal costs then it wld not cost them a penny I will just stick to letters and calls will keep them away from the gaf and I will see how far they will take it the ball is in there court
Report Shabba.... December 10, 2009 4:45 PM GMT
Sorry Doyler forgot to say I really do appreciate all your work and thanks for your help if I need someone to stand for me in court I will give you a shout haha merry xmas to you and yours
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