Credit recovery companies specialize in collecting receivables accrued by companies and individuals that require services.
These companies, therefore, collect the credits for third parties or assume them as their own,
Then intervening on the debtor in person. It is not uncommon for companies that provide services to the public, such as gas, electricity, mobile telephony, TV, to deal with customers who are bad payers, that is, they do not pay their dues or otherwise always pay their payments late But it is not just companies that face these problems with customers or suppliers: even private citizens may have to recover a loan, even in very common situations, such as within the condominium life.
Two types of recovery companies can be distinguished, which operate differently in relation to the credits to be managed:
- debt collection companies for third parties are contacted by the creditor when his collection actions have not been successful. Consider the case of a company or a bank that comes into contact with the debtor through its legal department, but does not achieve satisfactory results. In this situation, the recovery company intervenes on behalf of the creditor and will deal with the debtor: the company will be paid on the basis of the results obtained, perhaps with a percentage of the sum that it will be able to recover;
- factoring companies, on the other hand, do not represent their customers, but purchase credit directly. These private companies are contacted by creditors who fail to recover the debt but do not want or cannot maintain this situation of non-payments: the factoring company intervenes by buying the credit and then dealing with the debtor. This time, however, the company will receive the sum recovered completely, since the credit is now owned by him.
Is a debtor completely defenseless against these companies, which can also become aggressive in their debt collection?
Absolutely not, since there are some rules to be respected:
- if the contact is made by telephone, the company must identify itself with precision and must specify for which credit the user is contacting, communicating even if it is operating on behalf of third parties or if it has instead assumed the credit in question;
- the collection cannot frighten the user with information or exaggerated threats : for example, the threat of imprisonment for the debtor is not admissible and that of distraint of assets cannot be vented except in the presence of a judicial act;
- the debt collection company cannot intimidate the debtor by posting arrears notices at his home, nor can he claim to enter the house, if he refuses to do so.