If the debt collection company has purchased, by way of assignment, the debtor’s consumer obligation from the creditor, it becomes somehow the owner of this debt. But in this situation, along with this claim, all related rights are transferred to the debt collection company (e.g. claim for overdue interest, or the debtor’s consumer right to determine that such a claim no longer exists or is barred). Pursuant to the law, the creditor has the right to transfer the personal data of the debtor consumer to a debt collection company.
How correctly should a debt collection company call for payment?
A debt collection company directing a call to the debtor consumer should primarily:
- indicate under which title he is entitled to demand payment of a given claim (power of attorney or assignment – purchase of a claim from a creditor – the company whose debtor is guilty)
- indicate the amount of debt and its legal basis, e.g. sales purchase contract, where the consumer has not paid for the goods or service purchased, unpaid invoice)
- indicate the due date and bank account to which the requested amount should be received.
When does a debt collection company exceed its powers?
The debt collection company must operate within the scope of applicable law. It can neither threaten nor insult the consumer. He also cannot enter our apartment or take any property without our consent. Only a legally authorized body – bailiff can enter the home of the debtor consumer and only on the basis of a final court judgment. Also, without the court’s consent, a debt collection company may not invade our neighbors, visit our workplace, declare that we are debtors. He cannot harass our person in any other way. He cannot demand that his assets be disclosed or his bank account number be disclosed with our savings. There must also be a court judgment for such actions.
Can the debt collection company state why it is calling me to pay?
No. The debt collection company must indicate the amount of debt in a letter requesting the consumer of the debtor to pay the amount of debt, the legal basis for the liability and the period for which the creditor demands payment of the debt. It is the responsibility of the debt collection company to provide consumers with reliable, true and complete information. It cannot be the case that the debtor consumer has, in case of doubt, contact the debt collection company in order to clarify the matter, because it is the debt collection company’s duty to provide all information in relation to the summons addressed to the debtor.
Why are they asking me to pay court costs right away?
A debt collection company may not unreliably call in letters requesting the consumer of the debtor to pay any costs of legal and enforcement proceedings as well as graphical displays of the sum of the costs of any legal and enforcement proceedings together with the debt. The costs of court and bailiff proceedings cannot be determined at the stage of judicial debt recovery. In each case, the court decides on the costs of proceedings, ending the proceedings in a specific case, while the costs of enforcement proceedings are decided by a bailiff or court, depending on which of these bodies conducts enforcement.
