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Archive for the ‘International Debt News’ Category

Debt Collectors Hunt Dubai Defaulters Abroad

Tuesday, January 26th, 2010

Across the UAE, lenders are hiring international debt collection agencies to hunt down customers who owe them money as they attempt to recoup huge losses incurred when thousands of expats skipped the country without clearing their debts, Emirates Business reported on Tuesday.

In one example cited by the UAE daily Dubai-based mortgage lender Tamweel has hired a debt collection company to pursue a customer in India and is threatening to take legal action in India and the UAE if the customer does not pay up.

“If the customer chooses not to cooperate, then, under the legal framework, we reserve the right to recover our dues,” Tamweel was quoted as saying in a statement.

Banks and mortgage providers in the UAE have seen the amount bad loans on their books soar over the past 18 months amid the economic downturn.

They went on a lending binge during the boom years, but when the global financial crisis hit many expatriates who lost their jobs returned home without paying their debts.

Banks are increasingly turning to the courts to recoup losses with Barclays recently winning a landmark court case in Dubai allowing the British bank to repossess properties of customers who had defaulted on mortgage payments.

UAE bank provisions more than doubled to $2.57 billion in the first nine months of 2009, compared to the year-earlier period, and likely ended the year near the $4 billion mark, according to the Kuwait Financial Centre (Markaz).

Provisions as a percent of UAE banks’ total loans likely reached 1.72 percent by the end of 2009, up from 1.13 percent in the first nine months of the year, Markaz said.

Collection Industry Braces For CARD Act Challenges

Friday, January 22nd, 2010

The US debt collection industry is wired as the implementation of the Credit Card Accountability, Responsibility and Disclosure (CARD) Act moves closer. Many debt collectors are expecting large changes as of Feb. 22, when many provisions of the Act take effect, with the primary focus now on adapting to what is soon to be a new landscape – without experiencing a drop in revenue. That could be challenging.

What the CARD Act does is to limit the amount of credit that is available to a consumer after they havetravelled down all other avenues. As a result, the credit crackdown is directly impacting the debt recovery industry.

With the main focus of the CARD Act being to rein in credit card practices and limiting fees, a wide range of card issuers and banks have looked to change their business model to compensate by actively reducing risk. They are tightening credit lines, dropping or restricting some borrowers and marketing less aggressively.

The credit-limit reductions by many of the banks will have two major impacts: reduce the average balance size of accounts placed for collection; and remove some liquidity from the market, making it more difficult to collect.

These changes are running headlong into the consumer behavior of the past several years, when many people typically spent their savings and maxed out home equity and personal loans. For many consumers, credit cards are the only short-term credit available.

But the CARD Act includes one very significant and far-reaching change for consumers: they can no longer pay off a credit card debt using another card.

Brighter Outlook for Outsourced Debt Collection

Tuesday, January 19th, 2010

A recent survey has revealed that businesses around the world have an increased likelihood of outsourcing their debt collection requirements in the aftermath of the recent financial crisis.

The figures, recently released as results from the Global Collections Review which surveyed over 3500 companies across four continents, revealed that when it came down to international business to business debts, along with domestic trade debts, companies were often outsourcing their debt recovery as a means to expedite the process.

“Of all countries surveyed, Belgium and the Netherlands stand out with the highest percentage of companies increasing their use of outsourced collections services (44 per cent and 43 per cent, respectively).  Amongst eight different criteria for selecting a collections agency, businesses across all countries deemed the success rate of collections efforts to be most important, followed by price, global expertise, local knowledge and easy access to up-to-date information,” the survey revealed.

The review itself gives more than useful insight into the attitude of businesses towards debt collection and shows that despite the expected similarities such as how businesses assess success rates or intimate knowledge of in-country and global collections landscapes, the survey also revealed many geographic and cultural variations.

The survey looked at the impact of the recent economic woes had on outsourcing debt collection needs, and also gave some insight into the factors that companies consider when they are looking for a debt collection agency, as well as those that might discourage a business from outsourcing their collections. For example, one note of interest showed a difference in opinion when considering the importance of the relationship with the debtor in appointing a collections supplier.

Another finding was the additional services in collection agency’s portfolio, which proved universally to be the least important factor in the selection of a debt collections service provider.

The survey was conducted among 3,538 businesses across 20 countries including Austria, Belgium, Denmark, France, Italy, the Netherlands, Poland, Spain, Sweden, Switzerland, the United Kingdom, Australia, Canada, China, Hong Kong and the USA

Huge Increase in Receiverships From Banks

Monday, January 18th, 2010

As Irish banks look to debt recovery methods, the number of companies that passed into receivership more than doubled in 2009.

In a recent release of figures by the InsolvencyJournal.ie it was revealed that there was an increase of 118% in the amount of receiverships and the total number of insolvencies increased by a whopping 82% to 1,406.

The InsolvencyJournal.ie is run by accountancy firm Kavanagh Fennell who claimed that a decline in the amount of receiverships issued by Creditors in December could be interpreted as  the Irish banks are “boxing clever” before the establishment of the National Asset Management Agency (Nama). The number of receiverships – the process whereby a secured creditor applies to the court to have a receiver appointed to sell the company’s assets so they can recover their money – peaked at 21 in August. But just seven receivers were appointed in December, compared to 10 in the same month in 2008.

“It could be partly the time of year, but there is a ‘let Nama happen’ feeling as well. Let some of the debts get into Nama and see what happens, that’s the thinking,” Mr Fennell said.

InsolvencyJournal.ie was launched in February of 2009 by Kavanagh Fennell in an attempt to track the rapidly increasing amount of company failures in Ireland.

However, although total insolvencies rocketed as Ireland’s recession deepened, a breakdown of the different types of insolvencies reveals other changes in corporate recovery practices occurred throughout the year.

The number of examinerships, the process whereby court protection is obtained to assist the survival of a company, declined from 62 cases in 2008 to 37 in 2009.

The drop is partially explained by the granting of court protection to 13 companies in the Thomas Read group in 2008, inflating that year’s figures.

But Mr Fennell said it was clear that the High Courts had also sought more realistic bids for survival from companies and that companies had also become “more wary of the process” following rulings made in relation to developer Liam Carroll’s Zoe group.

During 2009, both the High Court and the Supreme Court refused to grant protection to six companies in the Zoe Group. The courts ruled that the companies’ chances of survival were “significantly improbable”.

A Supreme Court ruling is pending on whether a survival plan for three companies in the Fleming building group can go ahead. The survival scheme was approved in the High Court in November, but ACC Bank, which opposed the scheme, has appealed the decision, arguing that it prejudices the bank’s ability to recover some €22 million owed to it by the group.

Mr Fennell said examinerships could “come back into play” in sectors such as retail next year, but that there would “definitely be fewer” such rescue bids in the construction sector.

“It’s great legislation for the right companies,” Mr Fennell said of the examinership process.

InsolvencyJournal.ie’s figures show that creditors’ voluntary liquidations, whereby a liquidator is appointed to the company by the creditors of the insolvent company, was the most common type of insolvency in 2009, as in previous years, accounting for 1,139 of the cases.

Ontario Systems Offers Agile Debt Collection Decision

Wednesday, December 16th, 2009

Ontario Systems, a provider of accounts receivable and revenue cycle management solutions for collection and health care industries, announces the introduction of Collect Savvy, a new software solution designed for better debt collection management.

With a focus on reducing and controlling costs while making collections more strategic, Collect Savvy provides collection agencies the flexibility and intelligence needed to make agile decisions in an ever-changing industry.

With the incorporation of the Microsoft Dynamics CRM platform into Ontario Systems’ software suite early this year, Collect Savvy users will improve their overall cash flow and realize cost reductions and operational efficiencies. In addition, because of the wide familiarity with Microsoft products, training and implementation become faster and easier. Aiding in the transition to Collect Savvy, the software also offers a Migration Navigator feature, which enables users of previous Ontario software versions like FACS, Artiva, or competitive software the ability of migrating to Collect Savvy with minimal effort or downtime.

Other significant features include:

Best Data – ensures users have most accurate and effective demographic information available
Data Services Waterfall – allows users to control what data sources they use when they pull them
Matching – lets agencies take advantage of data services they have already purchased and share the data across accounts
Business Intelligence – provides detailed reporting capabilities with logical, real-time dashboards that highlight key performance indicators
SmartTouch Financial – gives users automated period-end processing to handle report balancing, payment records and the seamlessly send client statements electronically.

“With declining margins and decreasing liquidation, combined with ever-changing technology and regulations, collection agencies are looking for a way to keep pace in a brutal market,” says Tony Reisz, CEO, Ontario Systems. “Collect Savvy not only offers users improved collections, but the intelligent tools it takes to make better business decisions. The software enables agencies to become smarter, more agile, and more profitable, all with no money spent in up-front capital expense.”

“After using FACS for nearly twenty years, our agency has been blown away with the features and functionality of Collect Savvy – it’s basically night and day as far as ease-of-use,” says Nate Olson, vice president of Operations, Illinois Collection Service, a customer who has been testing Collect Savvy through Ontario’s Technology Adoption Program (TAP) the last three months.

Collection Broker Finds Opportunity in Recession

Monday, December 7th, 2009

Collect America finds opportunity in recession, but needed to integrate debt collection applications on top of Oracle Fusion middleware.

Recessions are down times for most businesses, but for a few, they represent opportunity. Jennifer Briscoe, CTO of Collect America, a broker of unpaid debt, says her firm has had its hands full as the recession wears on.

Collect America acquires and analyzes unpaid debt of different types, then resells it to debt collection agencies, along with software services that will help the agencies realize their collection goals. Business has been brisk.

“We are as counter-cyclical as you can get,” said Briscoe in a recent interview during a visit to San Francisco. It was already a well established broker of credit card debt when the recession hit. “We wanted to move into cell phone, auto loan and health care debt,” said Briscoe. Its analysis services and hosted software services would work for those other types of debt, and there was plenty of uncollected debt available for a company that wished to be aggressive in the debt business.

Collect America had deferred expanding into different forms of debt until it had rebuilt its core Asset Recovery Manager application on top of Oracle Fusion middleware. Before the reconstruction, it had been too difficult to tie the debt databases, reporting services and asset management systems for many kinds of debt into the core system. “Fusion is the backbone of Asset Recovery Manager,” she said.

Collection agencies independent of Collect America buy chunks of debt from the firm and use its hosted Asset Recovery Manager system to notify the debt holders by letter that the debt must be paid. It also gives them an option of paying at a Web site before a debt collector calls. For many people, “speaking to a debt collector can be an unpleasant experience,” and the mere threat is sufficient to motivate payment, she noted.

By diversifying in this recession, Collect America has been able to do a more efficient analysis of the assets it’s acquired. For example, if one Social Security number shows up in a number of delinquent accounts, say one debtor owes on his health care, credit cards, student loan and utilities as well as a boat, then a debt recovery agency can see what they’re up against if they try to go after all the accounts separately. The Collect America analysis consults credit reports and turns up debtors who have declared bankruptcy versus those who have not.

Its analysis also advises collections agents on how to steer clear of violating consumer protection laws. With health care debt, many health care vendors are usually involved in one account and, by law, health plan debtors may be contacted only once a day by a collections agent. But a debtor with delinquent payments on a Chase credit card as well as a Visa credit card may be contacted about each account once a day.

With Fusion under girding Collect America’s business processes, it became easier to alter business processes as economic conditions change. The middleware includes Business Process Management for modeling and implementing changes to existing business processes.

One of the things that changes during a recession is the unemployment rate. Far from helping the debt collection business,” a rising unemployment rate reaches a tipping point” where it gets more and more expensive to collect unpaid debt.

That’s because the network of friends and family that chime in to help a lone debtor tends to get overwhelmed as more and more people get laid off. When unemployment reaches a certain height, Collect America changes its business processes and slows the buying of debtor credit reports because it already knows how steep the uphill battle has become. When this interview occurred in October, Briscoe declined to say whether a national unemployment rate that was hovering around 10% was at the tipping point. But it seemed clear it was getting close.

Shortened Debt Collection Timeframe Hits the CSA Wall

Wednesday, December 2nd, 2009

The Credit Services Association (CSA) has managed to halt plans to reduce the debt collection timeframe from six years to three.

In a combined effort with other industry partners, the Credit Services Association has managed to persuade the government to halt plans for changes to the Civil Law Reform Bill. As a draft, the Bill proposed reforms that would reduce the period within which a debt could be collected from six years to three.

The CSA successfully argued, however, that by doing so it would put debtors at a greater risk as any reduction in limitations would mean that creditors would go further to recover debt faster, rather than negotiate long term repayment plans.

If the new plan had succeeded in going through, legal action could have been sort much earlier in the debt recovery process and this would have had a harmful impact on debtors and their credit ratings.

The CSA’s Head of Compliance, Claire Aynsley, said “Whereas creditors would be well within their rights to take such action, one can only imagine the consumer, media and political uproar there would have been had more debtors been dragged through the courts. ­This is assuming the court system could have coped with the increased caseload, and the advice groups could manage the growing number of debtors needing their help.”

“Many of the debts that are sold on by utilities, banks etc are between two and four years old,” she explained. “If the limitation period was reduced to anything less than four years such accounts would be uncollectable. If you consider that more than £15 billion of uncollected debt was purchased in 2007, and that figure is likely to be larger today, one begins to understand what a disastrous impact writing off such huge sums would have on the economy.”

Showdown For Credit Card Debt

Tuesday, November 24th, 2009

The enforceability of hundreds of millions of pounds of credit card debt with be affected by legal test cases at the end of this month.

Manchester High Court is the venue for five days worth of time for twelve seperate cases to be heard which will help to determine a variety of legal issues under the Consumer Credit Act (CCA), with several of the cases being brought forwards by Cartel Client Review, a prominent claims management company.

Carl Wright, of Cartel Client Review, is hoping that a favourable decision is reached that will forced the bank and credit card companies to settle thousands of similar cases on his books.

“We want the judges to rule on these claims, providing precedents which will prevent the banks and credit card companies delaying on paying out on consumer claims any longer,” Mr Wright says.

This past year has seen an unprecedented amount of court action between lenders and borrowers with tens of thousands of similar cases yet to be heard.

Borrowers are aguing that the debts against them cannot be enforced because lenders have failed to follow CCA guidelines which the law states “a lender cannot ask a court to enforce a debt if the lender’s original agreement failed to comply with certain requirements.”

“Once you have established the agreement is defective, in at least one of a number of specific ways, the court has no discretion to grant an enforcement order in favour of the creditor,” says barrister Oliver Mishcon.

However, due to a new Consumer Credit Act in 2006, this lack of discretion for judges only applies to regulated consumer credit agreements entered into before April 7 2007.

The new CCA agreement states that loan agreements for fixed sums or credit cards must contain three “prescribed terms”:

  • the amount of credit; or the limit of the credit, or the manner in which the limit will be decided
  • the rate of interest
  • how the borrower is to repay the debt.

Bob Imrie, who trains trading standards officers and also claims management firms in the operation of the CCA, is doubtful that the courts will let people escape their debts, saying “Courts are not very sympathetic to claims that terms and conditions were not provided to customers. You’ve got a real problem trying to undo an agreement on a technicality; you’ve got to provide evidence the banks behaved wrongly.”

However, the potential use of the law to favour debtors was highlighted by a case in October this year at Stockport County Court.

Deputy district judge Howarth issued a decision in favour of a Mr Yates, so that his credit card debt of £6,585 can never be collected.

Mr Yates had run up the debt after taking out the MBNA card in 2003.

In January 2009, the debt was sold, or “assigned”, to a debt collection firm  and it swiftly took Mr Yates to court to get the money back.

He argued that the copy of the original agreement supplied by MBNA to the court was incomplete and illegible, and so it was unclear that the prescribed terms had in fact been included.

Th debt recovery did not turn up for the hearing and lost by default, but at the request of Mr Yates’ lawyers the judge went on to declare that the debt was unenforceable.

Mr Yates’ solicitor, Alun Thomas of law firm JW Hughes in Llandudno, says he has 300 similar cases on his books.

“There are solicitors up and down the country handling many more and there are many cases, but almost all of them have yet to be decided.”

Connecticut Looking For Debt Collection Agency

Friday, November 20th, 2009

Connecticut city plans to hire a debt collector to recoup taxes that are more than three years delinquent.

The city issued a request for proposals for debt collector services Wednesday and will open bids next month.

Supervisor of Assessments and Collections Michael Mordarski said the contract will not cost the city anything, since the debt recovery company makes its profit by charging delinquent taxpayers up to 15 percent of their back taxes.

To avoid getting charged the debt collection fee, property owners with back taxes more than three years old should settle their accounts with the tax office now, Mordarski said.

Mordarski said the debt collector would be able to track down delinquent taxpayers that the city cannot get a hold of. There is about $4 million worth back taxes owed to the city up to 2007.

A group of city employees will consider the various proposals. The selected company is expected to begin debt collection in January.

PEC ponders debt; rates to go slightly lower

Wednesday, November 18th, 2009

The Pedernales Electric Cooperative board of directors considered a debt collection proposal at Monday’s meeting to correct a system that purges $3 million annually on delinquency rates and non-collectable debt.

The co-op also announced a slight rate reduction for electricity and a plan to develop a member “Bill of Rights” and have members vote on bylaws changes in June.

Short-term, mid-term and long-term changes to debt recovery were submitted at the meeting by Eddie Dauterive, member services manager. “The whole goal is to lower our bad debt,” Dauterive told the board.

Short-term adjustments to the debt collection plan include, cooperative-wide guidelines for fee adjustments and delinquency exceptions, up-front deposits and payments for services, social security and driver’s license number databases, and clear collection guidelines for debt collection.

The co-op says the non-collectable debt is less than one-half of one percent of monthly collections.

   
 
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