what can a debt collection agency actually do if someone refuses to pay up?

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Klesser

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Quick question what can a debt collection agency actually do if someone refuses to pay up?
 
Re: Debt Collection agency

Presumably they could go to court to force repayment of the debt?
 
Re: Debt Collection agency

They could pursue the matter through the courts.

A lot of them would look at the overall amount owed, the possible costs of recouping (legal, etc) and if the person has the actual means to repay.
 
Re: Debt Collection agency

Plus, the likes of Experian I believe they compile data on Companies credit risk based on information garnered from actions taken and known credit terms taken which are then made available to their subscribers.
 
Re: Debt Collection agency

Klesser said:
Quick question what can a debt collection agency actually do if someone refuses to pay up?
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Klesser - my experience is that if someone really does not want to pay - then they won't. We have a few guys we have followed all the procedures with through court cases, judgements against them etc. They have no assets in their own names etc so the sheriff can't / won't do much about them.

Check the guys out a little and if you find loads of judgements against them then your time and energy might be better spent elsewhere. Some people make a career out of not paying for anything. Difficult to let go but it might be the right thing.
 
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Re: Debt Collection agency

I could go to the small claims court myself by I thought that debt collection agency might have a bit more power so to speak.
Its only 100e so not going to break the bank but its the principal of the thing. I gave a satisfactory service and should be paid for it.
Suppose il end up letting it go anyway but still annoyed
 
Re: Debt Collection agency

Sorry should mention this is with a private customer not a company if that makes any difference.
 
Re: Debt Collection agency

Don't think the Small Claims Court would deal with that sort of issue. They only deal with consumer issues.
 
Re: Debt Collection agency

Debt collection agencies have no powers. They cannot force a person to pay up. They can write to a debtor and threaten all manner of things like sending the boys round to collect but at the end of the day they have no real powers. They cannot take a person to court, they have to refer back to the creditor if the debtor does not pay up after their approaches. They cannot put stuff on the ICB or affect credit ratings. They are basically a big loud barking dog with no teeth.

The work on commission. Some of them are quite nasty and you really need to find out their reputation before you put any business their way. It could affect your reputation being associated with a rogue collection agency.
 
Re: Debt Collection agency

Not unless they own the debt. If they are simply hired collectors, as most are, they have no power. Ireland is not like the UK where debt collectors can seize goods. The companies operating in Ireland rely on peoples ignorance of Irish law to frighten people into paying up - too many Irish people think that they have UK style powers. They have so little power that a debtor can simply verbally bar them from entering his/her property and call the Gardai to remove them for committing criminal trespass if they they do call.
 
Re: Debt Collection agency

Of course they can but it is really not done in Ireland. Collection agencies are just brought in to try and collect on behalf of the creditor. In the UK debts are routinely sold to these types of agencies who then own the debt and can use the courts to collect.
 
Re: Debt Collection agency

Instead of a debt collection agency you would be better going to see a solicitor, in order to bring someone to court for non-payment of a debt.
 
Re: Debt Collection agency

FKH said:
Instead of a debt collection agency you would be better going to see a solicitor, in order to bring someone to court for non-payment of a debt.
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That is all well and good. But if the debtor has a string of judgements against them there is very little chance of recovering the money. These guys are professional debtors and know how to play the system, they own no property or assets in their own names. You would have to pay a solicitor, court costs etc yourself. You can get the costs back off the debtor but if he can't/won't pay you are stuck with the bill. You would be throwing good money after bad. For a €100 debt the legal fees would be prohibitive. Generally a solicitor would advise against going to court for anything less than a €1000 unless you are 110% sure that the debtor has really has the money and will pay up.

There is a point where one must consider cutting ones losses.
 
Re: Debt Collection agency

FKH said:
Instead of a debt collection agency you would be better going to see a solicitor, in order to bring someone to court for non-payment of a debt.
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Lol. I take it you've never actually done this. Judgements against debtors are just bits of paper.
 
Re: Debt Collection agency

Croskerrys.ie are great, once the judgement is secured the Sherrif goes out ....

Bob
 
Re: Debt Collection agency

SideshowBob said:
Croskerrys.ie are great, once the judgement is secured the Sherrif goes out ....

Bob
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So, have you read what we have said earlier?

Sending out the sheriff has no effect on most debtors. Most own absolutely nothing in their own name. The sheriff will come away empty handed.

As big and scary as Croskerrys are they will not take on a debt for only €100.
 
Re: Debt Collection agency

bond-007 said:
Sending out the sheriff has no effect on most debtors. Most own absolutely nothing in their own name. The sheriff will come away empty handed.
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Not only that but if the Sheriff thinks (judgement call) that they're a hardship case, he won't even go out.
 
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