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Archive for the ‘International Debt News’ Category

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.

Debt collectors on the chase for HMRC

Thursday, August 5th, 2010

HM Revenue and Customs has confirmed it will use debt collection agencies over the next year to chase individuals and firms holding £140million of tax debt.

Having looked at using external collection agencies for some time, and following what HMRC called a “successful” pilot, the taxman has now signed up four agents.

It added that, in their task of focusing on lower value debts, each debt collection agency (DCA) will operate under “industry and HMRC standards.”

The statement follows warnings that private collection firms could act in a way that HMRC wouldn’t, or shouldn’t, because HMRC’s code of conduct is just for HMRC.

Sounded by accountants, the concerns were over how a debtor would be treated, including but not limited to the security of their personal details, which will be shared with the agencies.

However before the debt is passed to one of the four DCAs, the Revenue will write to the taxpayer, and provide them with a final opportunity to pay or settle their liability.

Nick Lodge, director of debt management and banking at HMRC, says the agencies offer the department “additional capacity” in tackling those people who refuse to pay what they owe.

“Some businesses and individuals are not in a position to pay what they owe and we have put procedures in place to help those who are genuinely struggling,” he said.

“But those who simply refuse to pay have to be pursued, and our partnership with the debt collection agencies ensures they will be.”

Firm Owner Summoned Over Debt Collection

Monday, August 2nd, 2010

A BUSINESSMAN is to be subpoenaed to appear before the High Court next week after a judge was told gardaí had received information that a “well-known criminal family” had engaged a Limerick person “known to the gardaí” for debt recovery reasons from another businessman.

Mr Justice Brian McGovern yesterday directed a subpoena could be served on the home address of Tony Woods, described as the owner of Midland Steel, after being told attempts to serve a subpoena on him personally at his workplace proved unsuccessful.

The judge was dealing with issues arising from efforts of ACC Asset Finance to enforce a €3.29 million judgment order obtained by it in April 2009 against James Clancy, Furbo, Co Galway.

The De Lange Langen Ireland Company, trading as ACC Asset Finance, had secured the judgment over unpaid loans for a machine used in manufacturing prefabricated polystyrene houses.

ACC Asset Finance has been attempting for some time to secure information about assets of Mr Clancy in the United Arab Emirates and elsewhere, but has alleged he has failed to provide all the information sought.

Mr Clancy was jailed last April for two weeks for contempt of court orders in that regard, and Mr Justice McGovern yesterday warned him he faced a longer jail term unless the court orders were complied with.

A solicitor for Mr Clancy said the court previously heard he had an agent in Abu Dhabi, Stephen Graham, who helped him negotiate the release of equipment held there with €150,000 money raised by Mr Clancy from Mr Woods. Mr Clancy, the court previously heard, spent some €4.8 million on equipment as part of an intended joint venture building project.

Mr Clancy had intended going into partnership with another firm in Abu Dhabi but that did not happen, the solicitor said. His instructions were that Mr Graham had negotiated the release of equipment and this was stored in another warehouse in Abu Dhabi, but costs were incurred and some €275,000 was now owed.

It appeared Mr Woods employed persons to collect the debt or sold the debt to them. Mr Clancy had no connections with those persons, the solicitor added.

Det Garda Michael Staunton, of the crime unit of Salthill Garda station in Galway, said he called to Mr Clancy at his home last month to speak with him after the Garda criminal intelligence unit received information there was a threat to him, and that a well-known criminal family had engaged a person in Limerick, known to gardaí, for the purpose of debt collection.

Det Gda Staunton said intelligence available to him identified the person to whom money was owed, but he was claiming privilege over the intelligence. He could not disclose details about security measures, he added.

In reply to Shane Murphy, for ACC, Det Gda Staunton said Mr Graham was not mentioned in the intelligence reports. Asked was Mr Woods included, Det Gda Staunton said he was claiming privilege. Mr Clancy had previously said he had no income, his Clanview construction business was just about gone and he had tried to comply with court orders but had problems obtaining documents.

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