“ Know your rights. How you can Educate yourself to deal with Debt Collectors in general”
Reference CABOT , BELGARD SOLICITORS, and debt Collectors in General
You may have listened to, or be aware of, a programme recently aired on the Joe Duffy Live morning show on RTE Radio, which dealt with the actions of Cabot and Belgard Solicitors in particular, and debt collection agencies in general.
In law, a legal maxim known as PRIVITY of CONTRACT exists, which simply means that there are TWO parties to a contract - i.e.. a willing buyer and a willing seller in the case of goods or property, or, in the case of FINANCIAL transactions, a willing lender and a willing borrower. This means that any other person or entity which tries to interpose itself into a contract without requisite permission is in fact an INTERLOPER and has no legal standing whatsoever. However, if through ignorance or lack of awareness you enter into negotiations with such an interloper you are acknowledging their right to seek money from you, and in effect creating a new contract by ACQUIESCENCE, which is what they wanted in the first place.
Historically, lenders have sold their bad or impaired loan books to debt collection agencies for as little as 10 cents in the Euro, sometimes less, and they then attack the unfortunate debtors with quasi legal threatening letters and threats of court proceedings and additional costs etc. should the matter go to court. These debts been written of by the lenders, and such a debt is already PAID to all extents and purposes. Also bear in mind that debts which are aged 6 Years or over are generally Statute Barred.
Therefore, as the original contract is between you and the original lender, UNDER NO CIRCUMSTANCES, allow yourself to engage with ANY THIRD PARTY IINTERLOPER. These agencies will follow up their threatening letters with phone calls and will try to trick you into giving your PPS number on the pretext of money laundering legislation, and if you are caught unawares, and give the necessary info, you have now entered into a NEW CONTRACT with a third party, and you have acknowledged their right to extract money from you.
Should you receive a phone call from any person who purports to have details of your debt/financial records, you should use the following approach:
Firstly ask the person concerned to identify himself to you, and tell him that the conversation is being recorded by you, (whether it is or not ) and ask if he is also recording the conversation, and if so, tell him that you will require a certified copy of his recording for comparison with your recording.
Do not admit that you have any knowledge of any alleged debt, that you do not recognise him, as you have no contract with him or his organization, and that you will only deal with requests in writing, showing certified copies of the original contract and a certified copy of his lawful authority to contact you in relation to the alleged debt.
You should then write directly to the original lender saying how upset and disappointed you are that they transferred your financial data to a Third Party without your Written Permission in breach of Data Protection Acts and that you are holding them responsible for any loss or damage caused as a result of their breach of data protocol. Then send a copy of same to Mr. Billy Hawkes the Data Protection Commissioner, with a personal note asking him to investigate the matter and let you have a response as quickly as possible please.