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At this stage, the client is informed that if no solution is found, he could alternate with a legal department. Condusef is a Mexican government agency that acts as an advocate for users of all types of financial services. Debtors of banks or department stores, in addition to their liability as defaulting debtors, also have rights protected by the applicable legal framework and controlled by this Commission. A common situation experienced by thousands of people who have not been able to repay their debts is to receive calls from debt collection agencies demanding payment of debts granted by a financial institution. When banks call to remember payments, they become more and more constant and, in some cases, the caller is rude and intimidating – although theoretically this should no longer happen – and from the age of 90. Day late, they ask for the support of debt collection agencies. What are the reasons why you might complain? Debtors have rights, and whether or not they meet their financial obligations, companies should never use physical or verbal force. ● It is also not correct to be charged directly; If you enter into an agreement with the collection agency, payment must be made directly to the institution where you are in debt. There are two major cases you may face in debt collection agencies. The first is that a lender, for example a bank, uses its collection area or calls an agency to collect the money, but the bank owns the debt; Then, the company devotes itself solely to collection and intermediary for the bank. Keep in mind that debt collection or legal offices are not legally listed as institutions regulated by Condusef or Profeco, and they can surprise us with abuses. Try to pay off the debt and, if you make agreements with them, make sure the commitment is recorded, both with the home institution where you acquired the debt and with the office.

● You are an intermediary. They act as an intermediary between the financial institution and the debtor, for the purpose of demanding extrajudicial payment of debts or negotiating and restructuring loans, but the agreement must be secured by the entity granting the loan. Collection agencies must comply with these regulations and must not act outside the law. These administrative offices, in order to claim the balance of a debt, assist banks and other financial institutions in negotiating or restructuring loans, loans or debtor financing as intermediaries between the creditor and the defaulting creditor. And debt collection agencies are no better either, although the National Commission for the Protection and Defense of Users of Financial Services (Condusef) has established some good practices, the truth is that they do not adhere to them. The fact of having acted as a reference does not in any way mean that the debt of the other person has been contracted. Especially since no contract was signed in which they were accredited as guarantors or co-responsible for the debt. With regard to mediation measures, the objective will be to reach an agreement on the settlement of outstanding balances in order to avoid reaching the judicial instances, that is, payment is required with the decision of a judge. This means that extrajudicial recovery is an authorized activity, such as the right of creditors to demand payment.

● The collection can be carried out by both a natural person and a legal person, but in both cases it must have a legal record. Before accepting a negotiation, it is useful to check if it is an authorized representative on the Redeco page. A list will appear, which will be updated with the officially registered master data to perform collection tasks. If, in your case, you have doubts about the legality of the office that requires the payment of your debts, you can check this by visiting the Condusef portal in the REDECO section and proceeding as follows: If we reach a point where we are not able to pay our debts, it is possible that the financier decides to: sell our portfolio to a debt collection agency. Situation where we may receive calls or even threats to get the money back, but how do I know if the office is legal? Sometimes, when the company granting the loan©cannot recover its capital, it asks the collection agencies to collect and recover these outstanding portfolios; for it is their right to do so. ©It can also happen that these collection agencies buy the outstanding portfolios for a minimum amount± and become the „new“ debt due to which we have to pay them from that moment on. If they send your debts to a collection agency, you must first review them and then negotiate with your new creditors. We explain how. If a collection agency tracks the payment, you should know that your debts are still in effect, only now you have to negotiate with them, and most likely your debt has changed due to ±. Did you know that debt collection agencies have a code of ethics? There, they are told that they must conduct their operations with respect and friendliness. ● The data offered by Redeco are: name of the financial institution for which it works, name of the office if it is a natural or legal person, address, telephone and e-mail. Including personal references and beneficiaries, with the exception of debtors or joint and several guarantees.

This is super important if the debt is not yours, YOU DO NOT HAVE TO ANSWER FOR it, unless, as I mentioned earlier, you have signed as a guarantee or joint and several debtor. In both cases, in no case, child, debts somehow become your responsibility too. Extrajudicial collection can be carried out by the financial institution directly or by a third party, as is the case for debt collection agencies specifically responsible for performing this function. Sometimes it is these managers who commit illegal practices that need to be reported. Condusef states that „unlawful extrajudicial forfeiture means the use of verbal or intimidating force in person or otherwise to demand payment of an outstanding debt.“ It should be taken into account that in case of non-payment of a loan©, the delay in the credit bureau©is recorded. If your debts are transferred to a collection agency, the office`s note will remain intact. And even if you repay the debt through negotiation or demotion, a negative status occurs because for technical© reasons, the debt has not been paid in full. You cannot claim to be a representative of a court or authority. No one may be imprisoned for civil culpability in a lending institution such as banks and SOFOMES. Remember that they cannot seize you either, this would only happen if the seizure was ordered by a judge, as part of a procedure of which you must be legally informed.

Make your advice anonymous and receive legal advice within 48 hours. Go to the address, ask for the full name of the professional and the number of Cedula, confirm on various websites where they will provide you with the name and number of Cedula de Abogados, such as the owl, that of the university itself, ask for the registration of the treasury and the municipal license. If you have a very late guilt, be careful! In addition to the fact that you have a poor credit history, the ± company that lent you can seek help from a collection agency, which will trigger an annoying cycle of attention calls. For this reason, condusef (National Commission for the Protection and Defense of Users of Financial Services) has created the Register of Debt Collection Agencies (REDECO), which aims to show which legal offices work with regulated financial institutions. If you want to receive the collection calls and resolve your situation, but you do not know how, it is recommended to contact the specialists who will not only help you deal with creditors, but will also offer you an alternative to improve your financial situation, as do credit repair companies.

2022-10-09T11:08:56+01:009. Oktober 2022|Allgemein|
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