What do I do if I have a job with a firm recovery
What do I do if I have a job with a firm recovery
Do you work with a company recovery
You have received a letter or phone call from a complete stranger for you company that claims to have outstanding debts to service and you specify a period within which must repay that amount or otherwise await garnishment, lawsuits and numerous costs.
How such firm has acquired your personal data and information entered into your contract and poets in his duties? Legal? You owe something to someone with whom you had no relationship and have not concluded a contract in any form?
In case you run into acquiring relevance in recent years companies / agencies for recovery, or so-called debt collection firms - companies that specialize in collecting outstanding debts of natural or legal persons to their creditors (mostly to mobile or cable operators, banks, electricity companies, construction companies, etc.). Lenders are turning to these companies because the collection of receivables from debtors often requires substantial resources - financial, time and nerves, and entrusted the task of specialists provides significant speed and efficiency.
There are two options Collectors company to show interest in my duties:
1) When making to you it has been transferred (ie sold). The law allows any creditor to transfer its claim (monetary or otherwise) or property right of any third party concluded with a cession agreement. The contract for cession original lender (the cedant) assumes the role of seller and assigns, ie transfers its claim against his debtor a third party (the assignee), together with all the attendant rights and obligations. The contract for cession making passes to the buyer along with its attendant privileges, securities and its other accessories, including past rates.
2) When was hired to represent and perform actions on collection of and on behalf of the creditor. In this case, you still owe the original creditor and collector's company receives a percentage of The collected amount. Collectors company is not a carrier of the creditor's rights, but only his agent. It is important to request a document certifying the authorization to understand Are the claims.
Regardless to which of the two situations are rampant in the first place is important to check yourself whether you really owe that amount. The message should indicate the exact amount of the claim, the basis on which you owe to what date it was due to check and when flow rates. Important! It is better to keep all contracts, receipts and invoices related to service that I myself refer you've signed any contract, under what conditions and I have outstanding balances.
What to consider when contract cession?
It is imperative to be informed of the conclusion of the contract between the old and new lender to raise it action against you. It is important not just been attempted to be delivered your message, and actually reached you. NB! In the event that the company has chosen to notify you via notarized invitation is possible, if not to be found on your address to be glued notification indicating you would consider to be regularly notified if within two weeks from the date of bonding I take no notice to receive the invitation.
The law does not provide explicit form of communication, but in conjunction with proof of committed action notification has been accepted you be notified in writing. For this reason, companies prefer to serve written communications / extrajudicial invited by courier, summons or by mail by return receipt.
Before you informed of the transfer collector's company has no right to ask you to perform its duty. Therefore, until such time as you have the right to the recipient of, ie to pay the amount due to the original creditor, and the implementation will be regularly obligation will be considered satisfied and you will be released from it. Any messages, calls and warnings by the company before receiving a transfer should not disturb you.
The communication must be made by the original creditor. NB! In general terms of mobile operators explicitly worded obligation to inform subscribers that action will be taken on extrajudicial debt outstanding monetary obligations, including through the help of others. The communication must indicate the exact amount of the claimed liabilities ground from which stem and the third person who will collect the receivable. In other cases, the creditor is permitted to authorize the company to inform you and to get your message directly from the assignee.
The collecting companies are not allowed to charge any additional fees and expenses since transferred their decision fully coincides in volume by making the original creditor - due to limited duty and statutory interest accrued for the period. Additional amounts of expenses and fees you may be requested only after the claim of the company is confirmed by the Court and a writ of execution, a copy of which you have been served by a bailiff with whom instituted enforcement proceedings.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg