Collection of debts 3 / 5

Debt Collection Laws

Collectors are legally entitled to attempt to collect all owed debts.

There is a generalised guidance:

  • According to debt collectors laws, a creditor can collect the debts he owns on behalf of his own company’s trading name

    He can also request late payment charges from the subject

  • A creditor is NOT allowed to charge the debtor a fee as a debt collection agency (DCA)

    This means the creditor is not governed as a legal and registered debt recovery agency, therefore he is cannot charge the debtor DCA’s fees and taxes

  • A debt agent is NOT allowed to abuse with debtor’s personal information

  • A collector can communicate with the debtor, using phone calls, emails and personal letters during the pre-legal actions

  • A debt collector is NOT allowed to contact the debtor at his work place

  • A debt collector can involve a law representative in the collection process, such as debt solicitors

  • A debt recovery agency or a creditor can pass the debtor’s case to court (the so-called court proceedings)

Debt Collection Process

  1. Step: Use an internal collector

    For the first six month, you usually will deal with your creditor’s internal collector.

  2. Step: Use the help of DCA

    Once you have decided that the debt won't be repaid, it will be assigned to an outside organisation, sometimes known as a third-party agency (DCA).

    At this point, the debt is still owned by, and owed to, the original creditor.

    If the third-party agency is successful in recovering all or part of the debt, it will earn a commission from the creditor, which can either be in the form of a fee, or a percentage of the total amount owed.

  3. Step: Creditor writes off the debt

    In the third phase of the process, your original creditor writes off the debt and sells it to an outside collection agency, sometimes known as a debt buyer.

    The creditor is no longer involved.

    The collection agency is still trying to recoup as much of the debt as it can, in order to turn a profit on its purchase.

We use cookies to help make our website better. We'll assume you're OK with this if you continue. You can change your Cookie Settings any time.

Cookie SettingsAccept