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Beware of debt collection companies demanding repayment of old debts

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Debt collection agencies buy up time-barred debts, counting on the naivety of debtors. Some of them pay them for peace of mind, others don't react until the bailiff knocks on the door. How to defend yourself against this? PMR Restructuring Company has prepared a practical guide for consumers.

Debt trafficking is a very profitable business, with debt collection companies buying up time-barred claims for next to nothing and demanding that unsuspecting customers pay the debt in full with interest. It also happens that the claims are unsubstantiated and yet we get a letter demanding payment of a debt we never incurred.

1. not a debtor? Don't throw the letter in the bin

If you have never had contact with the alleged creditor or you are sure that you do not owe them any debt, the natural reflex is to throw the letter in the trash. However, consumer rights experts warn against this.

- If you receive such a demand for payment, you should request in writing from the debt collection company an explanation of the contract on the basis of which it is asserting its claim. It could be that a consumer's ID was once stolen and someone used their details to sign a contract," warns Łukasz Peryt of the Office of the Municipal Consumer Ombudsman in Szczecin. - If the debt collection company does not want to explain this, you can ask for help from the municipal consumer ombudsman, who will, on behalf of the client, request the creditor to provide a copy of the agreement on the basis of which the alleged debt was incurred, the specialist adds. Local branches of the Consumer Federation can also help.

If it turns out that the signature under the contract does not match that of the debtor, the matter should be reported to the police, as this means that someone has unlawfully used our personal data to make a financial commitment.

- If a debt collection company takes such a case to court, it is essential to defend ourselves and challenge the debt collectors' position. Otherwise, on formal grounds we may end up with a judgment, obviously wrong, becoming final against us. Subsequent challenging of such a judgment is often very difficult or even impossible - advises Małgorzata Anisimowicz of the law firm PMR Restrukturyzacje SA.

2. debts are time-barred

If you were once a customer of a company with which you have an alleged debt, check whether the claim is time-barred. It is often the case that debt collectors want to collect a debt that can no longer legally be asserted in court.

Claims related to the running of a business are subject to a statute of limitations of three years, calculated from the dates on which they fall due (this refers to claims by businesses against their customers). This means, for example, that a claim for payment of a bill issued for telecommunications services (mobile phone or internet) is time-barred 3 years after the due date indicated on that bill.

(…)

The material appeared on the Gazeta Ubezpieczeniowa website:

17 August 2017:
" Guide: Beware of debt collection companies demanding repayment of old debts
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