Debt collecting agency acting on behalf of a private company.

Tasha90

I just want to know if the following information is correct.
Under Irish law debt collection agencies have no powers or authority over a debtor, unless they purchased the debt.
If they are acting on behalf of a private company, the debtor is not a customer of the debt collecting agency.
If the debtor continues to repay the debt to the Company then there is nothing whatsoever the debt collection agency can do.

Thanks in advance

Our man in Havana

They have no powers above those of a private citizen.

Jesus Shaves

I've always wondered about debt agencies who buy out debts off companies
What powers do they have in regards to the debtor?

Jesus Shaves

I've always wondered about debt agencies who buy out debts off companies
What powers do they have in regards to the debtor?

Delancey

I have always assumed that in buying the debt they acquire the rights the original creditor had but no more than that ?

Our man in Havana

Correct.

They would need to provide proof of ownership of the debt. Even then they have no more powers than anyone else to collect money. Debt agencies have no special powers.

Tasha90

Rang MABS regarding a debt collecting agency collecting on behalf of a private company and the lady said payment of the original debt has to be made to the debt collecting agency, even though they don't own the debt (they acting on behalf of creditior), and cannot make payment to the creditor. And also whatever fees the debt agency asks for on top of the original debt has to be paid in full to the debt collecting agency, even though these fees double the original debt.

Our man in Havana

MABS is talking rubbish. There is no obligation to deal with the debt agency. If the owner of the debt wants to waste money on hired goons that's their problem.

Tasha90

Our man in Havana wrote: »

MABS is talking rubbish. There is no obligation to deal with the debt agency. If the owner of the debt wants to waste money on hired goons that's their problem.

Thank you for the information. Appreciate it.

Indricotherium

Our man in Havana wrote: »

MABS is talking rubbish. There is no obligation to deal with the debt agency. If the owner of the debt wants to waste money on hired goons that's their problem.

Here, that's legal advice, and it's completely unbacked.

It sounds a bit like fremanism as well.

Our man in Havana

The OP has no contract with the hired goons. She can deal with the original creditor.
State where there is any compulsion to deal with debt agencies?

No freeman here. And everyone else here knows I has no time for them.

Indricotherium

Our man in Havana wrote: »

The OP has no contract with the hired goons. She can deal with the original creditor.
State where there is any compulsion to deal with debt agencies?

No freeman here. And everyone else here knows I has no time for them.

I am 100% sure the terms of the contract signed or agreed to by the OP contain a paragraph on the use of a third party to reclaim any unpaid debt, including administrative costs associated with this.

Tasha90

Indricotherium wrote: »

I am 100% sure the terms of the contract signed or agreed to by the OP contain a paragraph on the use of a third party to reclaim any unpaid debt, including administrative costs associated with this.

no contract signed, hand written reciept from a docket book. I am not looking for advice. Just want my op vertified.

Our man in Havana

Then they have no powers.

nuac

Tasha90 wrote: »

Rang MABS regarding a debt collecting agency collecting on behalf of a private company and the lady said payment of the original debt has to be made to the debt collecting agency, even though they don't own the debt (they acting on behalf of creditior), and cannot make payment to the creditor. And also whatever fees the debt agency asks for on top of the original debt has to be paid in full to the debt collecting agency, even though these fees double the original debt.

Unless you made an agreement with the original creditor to pay "extras" such as e.g. interest, you do not have to pay them.

You do not have to pay any legal costs except those ordered by a court in proceedings which have been served on you

Milk & Honey

Tasha90 wrote: »

no contract signed, hand written reciept from a docket book. I am not looking for advice. Just want my op vertified.

If they act as agent of the creditor they can deal with you up to the limit of the authority given to them by the original creditor. They are not entitled to look for collection costs unless agreed in the contract and these costs are reasonable. The debt collection agency cannot sue in its own name nor can it fund litigation in the name of the principal.

ResearchWill

Indricotherium wrote: »

I am 100% sure the terms of the contract signed or agreed to by the OP contain a paragraph on the use of a third party to reclaim any unpaid debt, including administrative costs associated with this.

I would love to have your power of remote reading, would be great to be able to read documents at a remote location even if such documents never existed, as in this case also would love to have the ability of knowing what two people agreed, even if i was not there a to have super powers, :-).

Our man in Havana

Milk & Honey wrote: »

If they act as agent of the creditor they can deal with you up to the limit of the authority given to them by the original creditor. They are not entitled to look for collection costs unless agreed in the contract and these costs are reasonable. The debt collection agency cannot sue in its own name nor can it fund litigation in the name of the principal.

Even then you can simply ignore them and deal with the principal.

Indricotherium

ResearchWill wrote: »

I would love to have your power of remote reading, would be great to be able to read documents at a remote location even if such documents never existed, as in this case also would love to have the ability of knowing what two people agreed, even if i was not there a to have super powers, :-).

Well that is me in my place.

I do find it hard to believe that a debt small enough not to require any form of written conditions is being sold to a debt collector

Indricotherium

Our man in Havana wrote: »

Even then you can simply ignore them and deal with the principal.

My glaring error aside, that is still legal advice, and it is still not backed up.

Our man in Havana

What backing do you want mind reader?

Indricotherium

Our man in Havana wrote: »

What backing do you want mind reader?

Any reference to legislation or precedent.

ResearchWill

Indricotherium wrote: »

Well that is me in my place.

I do find it hard to believe that a debt small enough not to require any form of written conditions is being sold to a debt collector

You would be amazed at how many debts with little or no documents are sold. But in any case the OP made it clear it was not such a debt as the debt collector was acting for the person owed the money.

Our man in Havana

Indricotherium wrote: »

Any reference to legislation or precedent.

There is no legislation governing debt collectors in Ireland.

ResearchWill

Indricotherium wrote: »

Any reference to legislation or precedent.

When a debt collector has not bought a debt, then at best he acts as agent for the original person you owe the debt too. In such a case your contract is not with the debt collector as the debt has not been assigned to the agent.

The only money I can think the person owed the money too can charge you for the collection of the debt is costs as set out in the rules of court after the issue of case in said court, usually can only collect that cost if debt remains unpaid after a certain time of starting case.

To charge any other fee it would be necessary to be a term of the contract and would have to be sure it's not an unfair term in a consumer contract.

jblack

Concept is simple:

Absent prohibition or express requirement of consent you are free to assign the benefit of a contract.

You are not free to do so with the burden, it must be done so by consent or through express machinery/provision in the contract.

Pkiernan

Indricotherium wrote: »

I am 100% sure the terms of the contract signed or agreed to by the OP contain a paragraph on the use of a third party to reclaim any unpaid debt, including administrative costs associated with this.

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