Debt Collection Agencies and enforcement rights

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censuspro

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Anyone know what exactly the enforcement rights of debt collection agencies are? A client is being rigorously pursued by a debt collection agency over a disputed debt over a construction contract. Amounts are relatively low i.e. less thank €10K.

The debt collectors are calling out to the house and turnng up at other sites.

Can anyone suggest the best course of action for dealing with a debt collection agency?
 
Hi censuspro, technically debt collectors have no legal power so they can just be ignored, but in doing so this may force the company who is owed the money to get a court order for the payments. What I'd suggest is to call the company the money is owed to and try to come to an agreement about arranging a payment plan to pay the money back in a way that you can manage.

Best of luck. Bear
 
No problem, sure you could just forward the advice on to your client it's still the sane no matter who you are.

Bear
 
Very unusual they are actually calling to sites etc. Normally they confine themselves to scare letters. As said they have no legal powers.
 
I think I know who they are. A type of snake maybe? ;)
 
If they are using intimidatory tactics they are breaking the law. Make a complaint to the Gardai. Get the complaint documented and sent a photocopy to their nest.;)
 
Arabella said:
If they are using intimidatory tactics they are breaking the law. Make a complaint to the Gardai. Get the complaint documented and sent a photocopy to their nest.;)
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Could you give details on that please i.e. what law exactly would they be breaking?
 
http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0011.html#sec11
11.—(1) A person who makes any demand for payment of a debt shall be guilty of an offence if—

(a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation, or

(b) the person falsely represents that criminal proceedings lie for non-payment of the debt, or

(c) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or

(d) the person utters a document falsely represented to have an official character.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500.
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