Many of you write to us asking about what entitlements the debt collector has and whether it can overlap you in the workplace. What can it really do to recover money from a person in debt? Certainly all possible methods are not allowed.
I will visit the Lord at work and in the flat
This is the most common bogey used by debt collectors, immediately after threatening bailiff execution. In fact, there is no provision forbidding this. He may visit the debtor at the workplace provided he has made an appointment with him.
There is also no right to talk to third parties about the purpose of the visit and to inform the employer or colleagues about debts. If we are talking about a visit to the apartment, it can come without notice, but without our explicit consent it is not allowed to cross the threshold.
The moment he appears with information that he will take up valuable things and then implements his plan, it should be treated as a burglary. The right to seize property and entry to the place of residence has only a bailiff, who has an enforceable title (without him, there is no such right – just like a debt collector).
Letters, SMS, emails and deaf calls
A debt collection company has the option of using every possible form of contact with the debtor, which may lead him to repay the debt. However, the debt collector must not be persistent in his actions.
Harassment or invasion of privacy is punishable by up to three years in prison. Often in your messages we receive information that you are threatened by police intervention, court or entry on the list of debtors.
Remember that the debt collector has no right to threaten any of you – it is punishable by law! As for the enforcement of bailiffs, it is obvious that there is no provision in law that would allow the issuing of an enforcement order to a debt collection company.
I will tell a neighbor!
Of course, this is another method that is unlawful and punishable. The debt collector is subject to bank secrecy and cannot inform anyone of his debts. Violation of this secrecy will result in criminal prosecution – in this situation the debt collector, debt collection company and the bank that ordered the company to recover the debt will be held liable. I will add that the list is longer.
What is he not allowed yet? So … it can’t force you to disclose information about the state of your property, let alone make a list of it, or threaten to list your property at auction. Also watch out for demanding additional fees from the debt collection company – this is an attempt at extortion, also punishable by law.
In summary, the debt collector is not a bailiff. Has the right to talk to you on the phone and “encourage” to repay your outstanding financial obligations – just so much. Do you have problems and need legal advice? Don’t wait and contact us today. Our lawyers are waiting to help you!