Archive for the ‘International Debt News’ Category

IRA man and convicted garda set up debt collection agency

Monday, September 6th, 2010

A MEMBER of the IRA gang responsible for the death of Detective Garda Jerry McCabe has set up a debt collection agency with an ex-garda who was jailed for leaking intelligence to the IRA.

John Quinn, 43, who served six years in jail for conspiracy to commit the robbery in Adare, Co Limerick, is listed as a director of Global Debt Collection Agency, which was registered in May last year. His co-director is Denis Kelly, 47, who is a former garda.

Quinn was described as a “gopher” and “messenger boy” in the IRA’s 1996 post office robbery, in which Det Gda McCabe was gunned down and his colleague Ben O’Sullivan was seriously injured.

Kelly, meanwhile, was jailed for five years in 1992 after he was found guilty of tipping off the IRA about impending garda raids on arms dumps.

The ex-garda and the convicted IRA robber are registered on company documents, which give the address of the firm as Faha in Limerick.

Garda sources say they have received no complaints about the business. But the involvement of two convicts in recovering debts from cash-strapped businesses highlights the lack of regulation in the booming debt-collection sector.

Consumer and legal groups have repeatedly warned about the need to monitor the plethora of new debt recovery agencies that have mushroomed during the recession. The Law Reform Commission recommended the regulation of debt collection agencies earlier this year while the Free Legal Advice Centres have also called for urgent monitoring.

Justice Minister Dermot Ahern is understood to be examining ways of regulating the industry.

Kelly and Quinn are among a number of former prisoners to have joined the debt collection business. Martin Foley, a one-time henchman of Martin Cahill who has survived several assassination attempts, was one of the first in the business with Viper Debt Recovery and Repossession Services.

In a separate case, the garda’s organised crime unit is investigating the involvement of criminals in debt collecting in the Dublin area. Five men were arrested in Dublin last month for allegedly aggressive debt collection.

Quinn was described in court as the “messenger” or “gopher” for the IRA gang behind the botched robbery in 1996. Quinn was charged with the unlawful possession of ammunition and with conspiring to commit a robbery. He eventually pleaded guilty to the conspiracy charge and was sentenced to six years in jail. During his sentencing hearing, the court heard that Quinn was a carpenter who worked for his father’s construction firm, and had no previous convictions. He claimed to “deeply regret” the killing of the detective.

During his trial, gardai said that Quinn repeatedly claimed he was a “dead man” and would be found in south Armagh with a bag over his head. He allegedly told gardai off the record: “I’m a dead man. I’m looking at 30 years, ye know that. What if this got sanctioned from above? Where do I stand? I know it got the nod from above. I was told I’d be found in south Armagh with a bag over my head.”

Four other IRA men, Pearse McAuley, Kevin Walsh, Michael O’Neill and Jeremiah Sheehy, pleaded guilty to the manslaughter of Det Gda McCabe.

Former garda Kelly, who is originally from Cullen, Mallow, in north Co Cork, was stationed in Henry Street garda station in Limerick city centre during the 1990s when he was caught passing information to the IRA. At the time, gardai suspected that the IRA was getting tip-offs about impending raids on arms dumps.

Kelly was caught taking notes from a confidential fax ordering a swoop on three IRA arms dumps. Detectives then followed him to a phone box where he telephoned his IRA contact to pass on the details. Kelly was later released after serving three years of a five-year sentence.

Student loan debt collectors?

Friday, August 27th, 2010

Students may soon be confronted by debt collectors on their doorsteps.

A source inside the Ministry of Social Development has told The Wellingtonian the Government is considering using private debt collectors for collecting outstanding student loans.

Revenue Minister Peter Dunne has denied the claim, saying it would only apply to students living overseas.

The Government has engaged consultant company Burleigh Evatt to research private debt collection practices, and has also discussed creating a student finance company to manage the collection of student loans.

Last year in the Student Loan Annual Report, the Government recorded 30 per cent of student loans as an expense, given that they were unlikely to be repaid.

The Wellingtonian requested more information from several government ministers and departments about how the changes to student loans collection would work, but they proved extraordinarily evasive.

Questions about the proposal were sent as Official Information Act requests to Tertiary Education Minister Steven Joyce, Finance Minister Bill English, Social Welfare Minister Paula Bennett, the Treasury and the Inland Revenue Department.

All acknowledged receipt of the request except Ms Bennett’s office.

Mr English’s office informed us its request was being transferred to Mr Joyce and this was followed by the Inland Revenue Department transferring its request to both Mr Joyce’s and Ms Bennett’s offices.

The Treasury transferred the request to Ms Bennett and Education Minister Anne Tolley’s offices, neither of which acknowledged the request.Each time the request was transferred The Wellingtonian was told there would be another 20-day wait for a response.

When the 20 days to respond had expired, the only response we received from the Government was yet another transfer. Mr Joyce transferred the request at the last minute to Ms Bennett’s office.

Initially, when The Wellingtonian told Mr English’s office that we would be running a story on student loans, the office denied any talks about privatisation had taken place. Later that day Mr English’s spokesman demanded the right to comment before we published.

When we subsequently offered Mr English the chance to comment last Friday he declined and referred us to Ms Bennett. She also declined to comment, saying her office had never received the Official Information Act request. On Monday she then passed us on to Revenue Minister Peter Dunne.

Mr Dunne provided a brief written response to our inquiries about administration of the student loans on Tuesday.

“The Government aims to improve services,” he said. “Part of that includes the efficient administration of student loans and ensuring that all loan borrowers repay their loans in a timely manner.”

Mr Dunne denied the Government was planning to create a private student loan company, but said private debt collection practices might be used to collect from overseas borrowers.

“Regularity of payments tends to slip especially when borrowers move overseas,” he said.

“To improve the efficiency, officials have been investigating a number of options, including the possibility of private debt collecting.”

WHAT HASN’T BEEN CONFIRMED

These are the questions which have still not received full answers:

  • What is the share structure of the proposed student finance company?Will it be state-owned, privately-owned or a mixture of both?
  • How will the shares be issued?Will they be offered to the public?
  • Has a preferred owner been established? If so who? Or would ownership be split between banks?
  • Would the student finance company be empowered to deduct money directly from an employee’s pay or would the Inland Revenue Department still collect it?
  • When is the proposed student finance company expected to take over student loan collections?

Additional questions were also sent to Ms Bennett’s office last Friday. They were:

  • Will the payment exemption for low-income earners continue?
  • Will the company have the same power to impose late payment penalties and penalty interest as the Inland Revenue Department?
  • Will the company be able to seize property or other assets?
  • Will the company be able to restrain the travel of people with student loan debts?

Brokerage starts debt collection proceedings against former partner for £184,000 loan

Thursday, August 26th, 2010

It has been reported that London financial services firm, St James’s Place, has launched a High Court claim against its former partner, Peter Carron.

The claim is part of debt collection proceedings to claw back a £184,000 loan, according to a report on industry news site, Citywire.

Carron is the owner of collapsed brokerage, Primrose Associates, which was placed into liquidation in June of this year, along with Evaluate Technologies, which was also owned by Carron.

The companies folded with £4 million of client money feared missing, as reported on Debt Management Today at the time.

St James’s Place has since offered £2 million in compensation to Carron’s clients, although a spokesman for the firm stated that this was unrelated to the debt collection process for the £184,000 loan given to Carron.

City of London Police are still probing the collapse of Primrose, and how client money came to be lost. Last month a 41 year-old man from South East London was arrested on suspicion of fraud, as part of the investigation into Primrose.

Some reports have said this man is believed to be Carron. Police have now released him on bail.

More Arizona Cities Outsourcing to Debt Collection Agencies

Tuesday, August 24th, 2010

If you are an Arizona citizen who owed money for power, gas or water then chances are that you will be, or will have, had contact with a debt collection agency.

As the Cities of Arizona struggle for cash, they claim that their staff lack the necessary skills and resources, not to mention time and expertise, to track down and chase outstanding accounts. By outsourcing to debt recovery companies the cities say that it will help to keep utilities costs down.

Last year the city of Mesa outsourced it’s delinquent accounts to a debt collection agency and recouped $1.4million while Peoria has been outsourcing to debt collectors for eight years.

The utility billing and revenue manager for Surprise says the city started using a collection agency and recovered 32 percent of past-due water and sewage bills.

Five men detained over debt collection released

Friday, August 20th, 2010

FIVE MEN arrested by gardaí investigating aggressive debt collection practices in the building trade in Dublin have been released without charge.

A file on the allegations is being prepared for the DPP.

The five, including two builders based in Dublin, were arrested on Tuesday morning during searches at five addresses in Dublin, Kildare and Meath.

The men, aged from 28 to 77 years, were questioned about the alleged hiring by the two builders of criminals to collect debts owed to them.

Gardaí are investigating if threats were made when money was being demanded.

In one case in south Dublin the car of a man who owed money was destroyed in a suspected arson attack.

Three of the men arrested are known to gardaí.

The alleged ringleader is a man in his 60s who has long been involved in the drugs trade and was previously a businessman of some note.

He is believed to have supplied finance to a notorious drugs gang in Finglas, Dublin, so they could buy large quantities of drugs.

All five men were arrested on Tuesday under Section 30 of the Offences Against the State Act.

They were detained at garda stations in south Dublin as part of an operation led by the Organised Crime Unit. They were released yesterday.

Gulf Lenders Employing International Debt Collectors

Friday, August 13th, 2010

At the height of the downturn last year, it was claimed 2,500 people a month were absconding from Dubai alone with unpaid credit card bills. While some may think the debt stops at the border, Gulf lenders are now employing international debt collectors to chase ‘skippers’, sometimes years after the event.

Sitting at home in the English countryside, Jean feels a sense of dread whenever her phone rings or the postman arrives at her door. Last year, she lost her media job in Dubai and, unable to meet her loan and credit card repayments, felt she was left with no choice but to flee the country. She still hasn’t been able to find a job in the UK, but aims to repay the loan when she can. She worries she will be left looking over her shoulder until she does.

Jean is right to worry. Only last month, Arabian Business was contacted by another one-time expatriate, Ian, who thought he had escaped the debts he couldn’t pay by fleeing from the Gulf back to Britain nine years ago. Today he is being chased by collectors in the UK who have purchased his debt, and Ian believes he may now lose his house and car.

Such cases have become increasingly common, says Radha Stirling, founder of the London-based organisation Detained in Dubai. Stirling says she receives up to seven calls a day from expats in Dubai and the rest of the Gulf who are worried they will be unable to repay their loans and are wondering whether they should flee the emirate in an attempt to avoid jail time.

In May 2009, during the height of stories about the downturn in Dubai, David Martin, a business advisor at RAKbank in Dubai, claimed that the number of people opting to flee the UAE without paying their credit card bills was as high as 2,500 customers per month.

Stirling says Gulf banks are “more likely to want to negotiate when you are out of the country as they cannot hold the jail card over you.” She claims she has been able to negotiate successful settlements with Dubai banks for her clients to repay their debts while abroad.

However, Mohammed Ibraheem Kahn, CEO of Dubai-based MIK Legal Consulting, which chases those who have fled back to the UK with unpaid UAE debts, says the banks are now more reluctant to negotiate with those who have absconded.

“You think you have gotten away with it but you haven’t. If the agency can locate you and the assets are registered to them, then they can reclaim them through a European Payment Order,” he says.

Introduced in January 2009, a European Payment Order means a debt owed in one EU member state can be enforced in each of the 27 other member states. “Dubai obviously doesn’t qualify but the simple way around it is to sell the debt to a European debt agency, which then means that they can carry out proceedings,” says Kahn, who is currently working with some of the UAE’s largest local banks to recover debts from people who have absconded to the UK.

“We are registered with the Office of Fair Trading and we have recovered debts in the UK, so for us it is quite simple,” he adds.

Outside Europe, debt can also be chased, says Michael Collyer, general manager of Global Credit Solutions based in Australia. “From a debt collection point of view, a debt is payable anywhere in the world, wherever it has arisen. Just because a debtor moves country does not remove the responsibility for the debt and indeed if a UK expat leaves a debt in Dubai a collection company can and will pursue them. The same principles apply to the US and Australia and indeed most other countries.”

The debt collection business has gone global and is now totally borderless, says Gareth Thomas, managing director of International Credit Enforcement (ICE). ICE has offices in Dubai and Thomas says international collectors are now also targeting expats who have fled to the UAE to avoid unpaid debts overseas.

“I have actually done a case, which is ongoing, where [the debtor] absconded from Australia to Dubai and left a debt with a personal guarantee in Australia and now is being pursued within the UAE,” he says.

One of the institutions currently pursuing global absconders is Standard Chartered, which claims to have an in-house tracing unit using various tools to allow the bank to chase customers who have absconded.

Touhid Rafiquzzaman, Head of Credit, SME and Wealth Management says: “Standard Chartered does use overseas debt collection agencies where appropriate and where customers have fled the country without informing the bank. It also has a presence in over 70 countries and utilises offices abroad to help collect debt where and when possible.”

The bank says it has had success “in retrieving as well as restructuring debts of those who leave the country.” While the costs can be high to chase a debtor overseas, Kahn is of the opinion that it is easier to chase someone in the UK for an unpaid debt than it is in the Gulf. “It is so much easier in the UK,” he says. “To go through the courts [in the Gulf] to get an action would take months or a year. In the UK, we can get an action done within 30 days, after the notice has been served and you have not responded. We can go through the County Courts, get an action and off we go.”

Another benefit of chasing debtors in the UK is the fact that all the charges involved in chasing the debtor are chargeable to them, he adds.

“We would notify you initially by letter to say you owe X amount in Dubai and you are given fourteen days to make contact and repay. If you repay that amount we would probably deduct [the charges] from the creditor,” he says.

However, if debtors ignore the demand letters from debt collectors, Kahn says they will charge them for the court order, for the cost of visiting the debtor’s house and for the use of a van to remove their assets.

“In Dubai you can’t charge additional charges [to the debtor], but in the UK if you have a AED2,500 ($680) debt and we chase it in the UK it can easily escalate into an AED85,000 bill,” he says. “In Dubai you can’t go in and empty someone’s property. But in the UK we can legally break your door down and if you resist we can get the police. They can set you aside and we can go in and empty your whole property.”

Even if it is years after the event, banks are now selling on debts to UK and foreign collection agencies, and Kahn says that old debts are often easier to chase. “It is better if it is a few years old as you are probably settled down [by then] and have some assets, at the minimum a car,” he says.

One issue some absconding expats worry about is the impact skipping will have on their credit rating back in the UK.

However, James Jones from UK-based credit rating agency Experian Ltd says they need not worry. “Credit report data is not currently shared across borders, so UK lenders cannot access credit data stored elsewhere. Generally, the only way for a credit history to follow a consumer from one country to another is if the consumer takes a copy of their own credit report with them,” he says.

For Jean and Ian, their credit rating is the least of their worries.

FTC pushes for reform of unclear debt collection laws

Thursday, August 12th, 2010

Many consumers across the country who have found themselves too deep in debt, whether it’s related to credit cards or otherwise, may discover that their balances were sold to a debt collection agency. Now the rules regulating their debt collectors could soon be changed.

According to a report in the New York Times, the Federal Trade Commission has asked for what it termed “significant reforms” to the laws that protect consumers from unfair practices by debt relief agencies.

The problem is that many of these current laws vary widely from state to state, with some statutes of limitations lasting just three years, while other states allow them to stretch on to 10 years, the report said. Similarly, some states allow collection companies to pursue debt that is outside these time periods, but they are prohibited from suing over the totals, or even threatening to do so.

Many consumer advocates say that these companies go too far in harassing consumers whose debts they have purchased from credit card lenders, though federal law prohibits such practices.

Report: Student loans exceed credit card debt

Wednesday, August 11th, 2010

Here’s a statistic that should make us sit up and take notice:

Americans now owe more in student loans than they owe in credit card debt.

This is the result of two factors: people paying down credit cards and incurring more student loan debt, Mary Pilon reports in The Wall Street Journal’s Real Economics blog.

Mark Kantrowitz, publisher of FinAid.org and FastWeb.com, provided the figures on outstanding student loan debt: He estimates the total at $829.785 billion. That contrasts with the $826.5 billion Americans owe on credit cards and other revolving accounts, the WSJ reports.

The amount of student loan debt has risen steadily, even before the recession, as the cost of higher education rose dramatically. The average bachelor’s degree graduate in 2008 owed $23,186, according to FinAid.org, which has extensive statistics on student debt.

Consumer protections for student loan borrowers are significantly less than for consumers who take out nearly any other kind of loan, Student Loan Justice pointed out in a news release:

While credit card borrowers enjoy the fundamental consumer protections afforded all other borrowers with all other types of debt, federal student loan borrowers enjoy almost none of these protections.  Not bankruptcy protections, not statutes of limitations, not truth in lending laws, not state usury laws … nonprofit guarantors are even exempt from fair debt collection statutes …

Taken together, this revocation of consumer rights has produced an inherently predatory lending system that succeeds when the students fail, one that wields powers over the citizenry the likes of which have never been seen in this country, one that causes inflation, poor federal oversight, and other systemic failures at the highest levels. Most importantly, this lending system is literally destroying lives, families, and communities …

You can find stories of students struggling to pay their debts at Student Loan Justice and at The Huffington Post. A young woman mentioned in the Huffington Post story is trying to start a business as a freelance photographer with loan payments of $2,000 a month.

Not only can student loan debt not be discharged in bankruptcy, it sometimes outlives the borrower, as Pilon reported in a previous post about a family left liable for $44,500 in private student loans when their 25-year-old son died. (The father had co-signed the loans.)

Conventional wisdom had once been that students and their parents shouldn’t hesitate to borrow as much as they needed to attend the best colleges. But in recent years, students, parents and others are suggesting that students weigh the amount they’re borrowing against the income they’re likely to make in their chosen careers.

Ron Lieber of The New York Times wrote earlier this year about 26-year-old Cortney Munna, who borrowed nearly $100,000 to get a four-year degree in religious and women’s studies from New York University. She makes $22 an hour and faces monthly loan payments of $700. Lieber wrote:

So in an eerie echo of the mortgage crisis, tens of thousands of people like Ms. Munna are facing a reckoning. They and their families made borrowing decisions based more on emotion than reason, much as subprime borrowers assumed the value of their houses would always go up.

Meanwhile, universities like NYU enrolled students without asking many questions about whether they could afford a $50,000 annual tuition bill. Then the colleges introduced the students to lenders who underwrote big loans without any idea of what the students might earn someday — just like the mortgage lenders who didn’t ask borrowers to verify their incomes.

The financial reform bill approved this summer will bring private student loans and loans from for-profit career colleges under the oversight of the new Consumer Financial Protection Bureau, Kiplinger’s Personal Finance reports, but it remains to be seen whether that oversight will bring about significant changes in student loan practices. The legislation also creates a private education loan ombudsman.

In the meantime: Before you borrow money for higher education, do the math. ALL the math, and calculate how much you’ll owe and what your payments will be when college is over.

Gym offers late members a fresh start

Tuesday, August 10th, 2010

Planet Fitness has admitted that sloppy debt collection was behind the announcement of an amnesty offer last week, which could see thousands of its members being let off the hook for arrears.

The company, which has 24 gymnasiums across the country, said last week that while it was legally entitled to recover outstanding money from its members, it had to find a way to be fair and reasonable.

“We have decided to write off as much as 70 percent of money owing from an estimated 61 000 people,” said Mark Lambert, the head of customer services.

The 16-year-old company had turned more than R340 million in outstanding debt over to debt collectors.

“We realised that we are not experts at debt collecting,” Lambert said. The company said it had been “too soft” on debt collections. “We have been handling it internally for the past two years and the process is not as effective as it should have been,” he said.

Planet Fitness has now outsourced the process.

Lambert said that many members claimed they were not aware of their outstanding debt but that the company had records to prove its correspondence with members in arrears. “At the end of the day, we just want to be fair and the biggest objective is to retain members,” he said.

While the company would also write off the legal costs of pursuing outstanding debt, it was in the middle of a roll-out plan, which would eventually culminate in an additional 15 fitness centres across the country as well as the prospect of expansion into Nigeria.

“These write-offs are obviously a huge loss to us but it will not stop us expanding our footprint,” Lambert said.

The amnesties apply only to the auto-renewal portion of the debt. “The portion of the debt relating to initial contract periods with payments in arrears will still be actively recovered by our debt collecting company,” he said.

The amnesty, which is valid until the end of October, gives members a number of options.

Debt will be written off for those who were members years ago and who owe money relating to that period, but who have subsequently rejoined the gym and are active members.

People who rejoin the gym before the end of October will also be pardoned.

Gym members owing between one and 12 months’ membership fees will have the debt reduced by half and a renewal of the time period owed in membership time.

“For example, if a member owes six months at R’ a month, they will only pay for three months and receive a remaining three months worth of free membership at the gym,” Lambert said.

Trudie Broekmann, a senior associate at Webber Wentzel law firm, said provisions in the Consumer Protection Act, which partially came into force in April, were intended to prevent consumers from being tied to fixed-term contracts with automatic renewal clauses.

“The act regulates how auto renewal will work as form October 24, 2010. It will require suppliers to notify consumers before a fixed-term agreement will expire and unless consumers expressly agree to a renewal, such a fixed-term agreement will continue after its expiry date on a month to month basis,” she said.

“A consumer may cancel a fixed-term agreement at any time by giving 20 business days’ notice.”

Little improvement in debt collection time for IT majors

Friday, August 6th, 2010

After keeping a tight leash on collections during the global downturn, the Day Sales Outstanding (DSOs) position for the top three Indian IT services companies either increased or stayed flat for the quarter ended June 2010.

DSO position reported by top rung IT vendors in Q1FY11 shows that both Infosys and Wipro saw debtor days rise in June quarter, compared sequentially and to the year ago period.

India’s largest IT services company, TCS, reported a flat DSO position on a year-on-year basis, but higher when compared to March quarter.

However, market watchers are not worried about June DSO metrics, as many attribute it to the spike in invoicing volumes in Q1 as also the rising share of fixed price contracts in the overall business kitty.

DSO or debtor days refer to the ratio between accounts receivables and revenue. Simply put, it is a measure of the time taken for service providers to get customers to make the payment for services rendered.

Thus, a low DSO figure means that it took the company fewer days to collect accounts receivables.

The DSO comparison (see table) is not necessarily to pit one vendor’s debtor days against the other, but to compare each company’s June quarter metrics with their previous performance.

“There are a lot of factors that can impact DSOs, including the fixed price mix. Even though there may not have been any improvement in the DSO position for June quarter, I would not worry…it is not as if working capital is getting blocked on account of debtor days,” said Mr Harit Shah, an analyst with brokerage Karvy Stock Broking.

For TCS, the DSO stood at 77 days in June quarter (against 71 days in March quarter and 77 days in the year ago period) attributed largely to significant growth in invoicing.

“DSO conveys the volume of invoicing relative to the total sales and the rise in DSO has been on account of spike in volumes. In the case of TCS, close to 81 per cent of accounts receivables are less than 45 days. These invoices have been generated in the latter half of June quarter and would already have been collected,” a source said. In just-concluded quarter,

TCS saw volume growth of over 8.1 per cent.

For Infosys, the debtor days came in at 60 days against 59 days in Q4FY10 and 56 days for Q1 FY10.

For Wipro, it was pegged at 65 days for Q1FY11 versus 61 days in Q4FY10 and 60 days for Q1FY10.

“As of June 30, 2010, our day sales outstanding was at 65 days due to increase in unbilled revenue, 78 per cent of our debtors are less than 30 days and less than one per cent is more than 180 days,” Wipro’s Chief Financial Officer, Mr Suresh Senapaty, had said at a earnings conference call with analysts recently.

A company insider attributed the increase in unbilled revenue to fixed price contracts where the ratio between effort and billing is not fully co-related.

In other words, while the revenue may be recognised based on percentage completion method in such contracts, the payment becomes due only when certain milestones are reached.

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