Failure to pay the payday payday has serious consequences. However, before the debt finds its end in court and bailiff, it must undergo a transitional stage. This is managed either by the loan company itself, where the debt arose, or by the professional debt collection company that purchased the debt. The most important element of the so-called amicable debt collection (i.e. aimed at reaching a settlement) is telephone debt collection, which may exert the greatest pressure on the debtor and with the greatest efficiency force him to pay the debt. However, not only debtors should learn about the extent to which telephone debt collection can be conducted, what are the most commonly used techniques and how to effectively repel an attack.
Telephone recovery from two points of view
For a claiming company, telephone debt collection is the cheapest form of recovering money borrowed, and in addition you can make many phone calls and “remind yourself” to many debtors. In addition, certain debtor anonymity has been eliminated, which he maintains when recovery is carried out only by post. By introducing a personal element, direct contact and shortening the distance between the creditor and the debtor, the latter is under greater psychological pressure. It is easier not to read the next reminder and throw it in the trash, than to admit to a real, physical person that the loans are not paying off and may not pay off. The more stressful is only the personal visit, which, however, is quite expensive, and the ratio of enforced loans to costs incurred is quite low. So it is not used so often.
For the borrower, creditor telephones are a stressful event and, one could say, a breakthrough in debt collection. All the more so if these phones occur quite often and at strange times of the day. Another depressing factor may be that the debt collector often likes to place the debtor against the proverbial wall and require immediate declarations that are difficult to express in a short time and under stress.
How can telephone collection not be carried out?
The debt collector is a private person under the law and even if he calls the debtor in the performance of his work, he does not place him in a higher position in relation to that person. Therefore, he cannot use any means of coercion or even suggest that he has such powers. In addition, the debt collector is also affected by other restrictions and he must behave in accordance with good manners and social relations.
- The debt collector, of course, has all the necessary details about the debtor (including PESEL, address, ID number), but he cannot demand that the debtor provide him with this information himself.
- The debt collector cannot make a phone call to an unauthorized or non-judgmental person. Even if he calls a landline number, he cannot talk to the household members and provide them with information about their debt. The same applies to the debtor’s employer – a debt collector has no legal possibility to make a phone call to a person other than the debtor himself.
- In a telephone conversation, the debt collector must not provide false information or threaten with the fictitious consequences of non-repayment. This behavior can be pulled under threats and extortion.
Receive calls from a debt collection company?
This issue is difficult to explain and depends largely on the psychological and characterological predispositions of the debtor. There is no obligation to pick up the phone from the debt collector and, importantly, you cannot be punished for it. Therefore, do not be afraid that the creditor will charge additional fees for this. It should also be remembered that providing any information to the debt collector is not an obligation. Such a necessity only occurs in the case of communication between the debtor and bailiff.
However, it is not worth completely avoiding contact with the creditor. Escaping liability will increase the amount of debt. For this reason, taking the first step and expressing the will to pay the debt will put the debtor in a positive light and may not result in a mutually beneficial solution. If you do not want to answer the phone from the creditor, it is good to think of your own course of action and develop a repayment plan. If there is any, you can send an official letter to the debt collection company presenting our repayment plan. You can also arrange a meeting with the debt collector and present your proposal to him there.
Telephone debt collection may be appealed
As we mentioned, the debt collector must act in accordance with good social practices. However, while telephoning cannot be prohibited, it must be in accordance with generally accepted practice. It is not allowed to make calls at any time of the day or night, but also to bomb the debtor with a dozen or even several dozen telephones a day. Such behavior can be classified as persistent harassment and can be reported to the police or prosecutor’s office – it is even punishable by imprisonment of up to 3 years, in accordance with art. Art. 190a § 1 of the Penal Code.