It is now known that debt collection agencies use often incorrect means to fulfill their duty. It is therefore very important to know in an accurate manner the limits that these figures can not exceed in the exercise of their attributions. In this way you will know how to defend yourself from credit collection agencies without running into legal problems. Below I will list some specific illegal behaviors: recognizing them and reporting them to the authorities is the first step to protect themselves and not be caught unprepared.
How to defend yourself from debt collection companies:
In the first place, it is good to be informed about how to use the force, violation of domicile and any intimidation: the debt collectors of the debt collection companies can never :
- Use or threaten the use of force against the debtor, or a family member or cohabitant.
- They can not damage or threaten to damage property owned by the person,
- Block access to the house; and they obviously have no right to enter someone else’s home if the person has denied permission to enter.
- Furthermore, the debt collectors can not contact the person more frequently than they should or at unreasonable times: it is unacceptable in this direction to continue to call non-stop or unreasonable hours to the person as a method to demoralize.
- In addition, debt collectors’ debt collectors can not make statements about the sums owed by the debtor, or contact the spouse or partner of the latter (if they are not guarantors or guarantors of the debt).
Defend yourself from debt collection agencies: this is what should never happen
In recent years, debt collection activities have taken on very unpleasant ways in Italy: too often specialized companies, operating on behalf of corporate giants, use unorthodox and, ultimately, irregular methods.
In order to put an end to these events and to allow citizens to defend themselves from debt collection companies, the Privacy Guarantor has issued a general provision that establishes the principles to which operators in the sector must comply.
The intervention of the Guarantor finally came after some investigations initiated by the Authority following numerous reports and complaints about the illegal use of personal data in the activity of debt collection. As described above, from the reality of things emerged the following practice: through the agents were put into place mode of research, contact, request for payment of sums due, particularly invasive.
Defend against debt collection companies and the principles and provisions defined by the Privacy Guarantor
From now on, debt collection companies will be required to comply with the principles of lawfulness, correctness of the processing, relevance, purpose of the data and the duty of disclosure to the interested parties.
Here’s what will no longer be lawful:
- no invasive practices or harming personal dignity will be accepted.
- Furthermore, credit collection companies will no longer be allowed to disclose information relating to non-payments to others who are not the data subject (unjustifiably) in order to request payment.
- It will no longer be possible to make the content of a communication visible to outsiders (as often happens with the use of postcards or by sending envelopes bearing the word “credit recovery”): it is now necessary to bring the solicitations of payment to the exclusive knowledge of the debtor only, using closed envelopes, absolutely without specific writings.
- The activity of posting notices of arrears on the door of the house by the persons in charge of debt collection becomes definitively illicit, a modality that makes possible the diffusion of the personal data of the interested party towards an indeterminate multitude of subjects.
In the end I wanted to remind you that the first step to defend yourself from debt collection companies is your awareness of your consumer and citizen rights. If you are faced with a debt collector who breaks the rules, ask him to identify himself with an identity document and declare him. Now the law protects you.