# Debt Collection Agencies



## four18 (11 Aug 2011)

Was doing some research on this issue and it appears they have absolutely no authority or powers under Irish law and are effectively just private companies that must abide by company, data protection and unsolicited contact laws. Anyway, I drafted up the following email which I thought I'd post up as a template for anyone that wants to use it. Please note that sending such an email and burying your head in the sand is not a sensible way to deal with the issue, however it gives you a warm fuzzy feeling to basically tell the scavengers to eff off.


To whom it concerns,

I received an unsolicited mail item from you dated XX/XX/XXXX with regards an issue between myself and (insert company here), this letter contained confidential information that should not be in your possession.

Under Irish law debt collection agencies have absolutely no powers or authority and are for legal purposes private companies bound by the same rules that apply to any other company. 

Under company law you are required to abide by data protection legislation and unsolicited mail legislation. As I did not make the initial contact with you and I am not a customer of your company I do not recognise your right to communicate with me and would ask that you refrain from any further communications and remove all data from any manual or electronic storage devices. 

Furthermore if, as you clearly state in your communication, you do call to my personal residence I will notify An Garda Siochána, the Office of the Director of Corporate Enforcement and the Data Protection Commissioner of your unlawful presence on my property, your breach of my right to privacy and your direct violation of my specifically stated requests within this communiqué.

Any arrangements I make with regards the substantive content of your communication are strictly between myself and (insert company here).
Yours Etc...

*Footnote...*

Once the lender sells the debt on to a collector, you are not obliged to honour this debt(sold on). The person(s) you had a contract with have effectively torn it up. If you receive a letter from the debt collector, you should photocopy it and return the original with the following words "Please send me a copy of the contract you erroneously believe exists between us".

However, if you at any point acknowledge that you have a debt owed to the debt collector, then you have established a new contract. Do not be bullied by any collection agency....call the cops if they are persecuting you and register a formal complaint. You do not have to pay a debt that has been sold on by a bank....point of law.

A Solicitor will advise you of that which he "believes is in your best interests". The banks are insured for such losses and reclaim the amount in full, once sold on. The debt collector thrives on peoples ignorance..


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## Guest105 (11 Aug 2011)

That's all very well, however, I would be very reticent in sending one of those letters to this 
guy


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## zenga (11 Aug 2011)

Most debt collection letters are send on behalf of the owner of the debt, not by agencies that buy the debt so they are legitimate and have to be sent before issuing court proceedings.

The way to react to these letters is to negotiate in a calm manner, if you fly off the handle or try to tell them to eff off..you will be taken to court, they will win and then you will have to pay legal fees!


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## star32 (11 Aug 2011)

As far as I know once the company as a contract with the debt collecting company regarding data protection etc then they are covered by law when giving out any information about clients.


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## csirl (12 Aug 2011)

On the issue of selling on the loan, some loan contracts have a clause permitting the bank etc. from selling the loan contract to a third party - if a loan agreement signed by you includes such a clause, then you may now owe the money to the third party. However, four18s points about debt collection agencies having no power or authority under Irish Law are correct.


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## frostie (12 Aug 2011)

In many cases, if you look at the small print on an agreement, it will have 'and our agents' or something similar, which is where most debt collection companies fall under.

This letter sounds very much like 'blankofireland' stuff to me


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