Uncollected money? sell the debt

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Uncollected money? sell the debt

Publish your debt in debtalia and get your cash.

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If they owe you money, sell the debt

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Buying and Selling of Debts

A debt buyer is an alternative offered in the financial system to transfer debts to a single entity and thus order and have better control over payments, many banks offer this product.

Why are you looking for a debt buyer?

Although it may seem hard to believe that someone would want to purchase a debt, the truth is that there are many benefits in the process and below we will explain some of them.

Financial benefits

The debt is purchased and, although it initially involves an outlay, in the long run it promises benefits if the collection is successful.

Knowledgeable investment

Debt buyers are specialists in legal matters and, particularly, in debt collection. They are well versed in the law and the possible legal avenues for their “investment” to be very successful.

Professional Experience

Along the same lines as above, these companies have professional experience in debt collection and know how to act. For this reason, buying debt for them is not as risky as it may seem, because they know very well what they do and they are very professional in each of their actions.

The debt sale is a legal practice that can be resorted to if there are several customers who have not paid and those who have not managed to collect, however, not everyone will want to make a purchase of debt.

There are companies that are dedicated precisely to this, to buy credit, that is to say, to invest in debt, these companies are experts in defaults and are in charge of claiming the debt in exchange for interest, this allows to unify the debts that there are pending to collect and to recover part of the collection.

Debt sales are therefore an alternative way to obtain new liquidity, since it allows to collect a part of the debt without the need to initiate a recovery process, however, it is not always advisable to resort to this practice, we will explain it below:

Why should you do a debt sale?

Along the following lines we will see the reasons or benefits why a company decides to sell its outstanding debts to be collected or some of the limitations that also exist.

Obtaining Liquidity

Debt sales represent a way for companies that have suffered a default to recover liquidity. However, it must be taken into account that it is not possible to recover the total of what is owed, sometimes not even 4% of what was pending to be collected is recovered.

Savings in collection costs

The management of non-payments entails expenses and working hours for the companies, in addition to the uncertainty of whether or not they will be compensated with the recovery of the outstanding payment. When selling the debt, it is the purchasing company that will be in charge of the entire collection process.

Lack of knowledge

In addition, it requires exhaustive follow-up work and also legal knowledge in order not to incur in any infringement during the collection process. The companies that buy the debt are experts in the field and have the necessary legal knowledge, this will facilitate the follow-up of the debt with a higher probability of success.

Is debt buying and selling legal?

Yes, debt sales are a legal practice in many countries. In most banking contracts and credit agreements there is an agreement between entity and client that allows the creditor to sell the debt without any type of authorization from the debtor, in addition, the assignment of receivables modifies the ownership of the receivables.

However, the problem arises when these types of companies resort to illegal practices to collect the money. Debt buying companies rarely go to court against a debtor, but they are often led to believe that the lawsuit has been filed, when in fact it has not.

Coercion, deception and violent threats by these companies are commonplace. These types of illegal practices have already been condemned by the courts on several occasions.

Do debts expire?

Debts have an expiration date and it varies depending on the type of debt, the statute of limitations is between 3 to 5 years for regular or periodic payments to be made for years or shorter periods. The maximum period for inclusion in a debtors’ file is also 5 years from the due date of the financial, monetary or credit obligation.

Three-year statute of limitations: This includes debts supported by securities such as bills of exchange and promissory notes. They are also labor debts, such as unpaid wages. Although in these cases, there are formulas to avoid the statute of limitations.

Five-year statute of limitations: These cover other documents such as leasing contracts, promises of sale, conciliations, among others. These are fiscal debts, such as tax debts.

It should be borne in mind that the expiry date of the debt is never interrupted, but the statute of limitations is interrupted and can be modified by any action or claim.

Is it possible to sell a judicialized debt?

It is possible to sell a judicialized debt as long as both companies are able to reach an agreement. In order to sell this type of debt, the buyer of the debt, the creditor and the debtor must agree. When there is a change of ownership of the debt, the lawsuit is terminated and the creditor company recovers its money.

The debtor company now has a new creditor with whom it can negotiate its situation and thus be able to repay the money in installments.

In conclusion, you should know that selling debt is a legal practice that you can resort to if you have several clients who owe you money.

However, it is not always the best choice since you will not be able to recover the full amount of what they owe you. Now that you know all the conditions: would you sell debt?

There are ways to manage debts and the options presented in this article can help us find a solution to achieve peace of mind, as long as everything is handled with knowledge and with the right professionals.

Buying and Selling of Debts in the United Kingdom: Legislation and Definitions

The buying and selling of debts, also known as debt trading, is a common practice in the global financial sector, and the United Kingdom is no exception. In this process, an original creditor sells a debt to a third party, which then becomes the creditor and holds the rights to collect the debt.

Definitions

Debt Buyer: A company or an individual who purchases debt from creditors at a discount. This can include banks, credit card companies, or other lenders who have accounts receivable that they wish to sell to reduce risk and improve cash flow.

Debt Seller: Usually a financial institution like a bank or credit card company that sells its unpaid debts, often at a discounted price.

Debt Collection: The process of pursuing payments of debts owed by individuals or businesses. This can be undertaken by the original creditor or by a third party (debt buyer).

Legislation

In the UK, the buying and selling of debts, and debt collection are regulated by several legislative bodies. Here are the key ones:

Financial Conduct Authority (FCA): This body regulates the financial services industry in the UK. Companies involved in debt buying and collection need to be authorized by the FCA, and they are required to follow the FCA’s rules and principles.

Consumer Credit Act 1974: This act governs most credit agreements. Debt buyers must provide debtors with specific information and follow certain procedures when collecting debts.

Data Protection Act 2018: This act requires debt buyers to protect debtors’ personal information and to use it fairly and lawfully.

Consumer Rights Act 2015: This act protects consumers from unfair practices. Debt buyers must treat debtors fairly and not engage in any deceptive practices.

Key considerations

Debt trading can be a profitable venture for companies as they often purchase the debt at a fraction of its original value. However, the practice isn’t without its controversies.

Ethical concerns arise in relation to how debts are collected, with some companies accused of using aggressive or unscrupulous tactics. Thus, it’s crucial for all involved parties to be well-versed in the legislation governing these activities, to ensure fair practices and safeguard consumers’ rights.

Overall, the buying and selling of debts in the UK is a complex process, with a web of regulations that need to be followed. Any company considering entering this space should consult with legal and financial advisors to ensure full compliance with the law.

How to Sell Debt to a Debt Buyer?

Selling debt to a debt buyer can be a way to recover some of the money you are owed if you are a creditor or a lender. Here are some steps you can take to sell debt to a debt buyer:

Find a debt buyer: There are many debt buyers in the market, so you can research and find a reputable and trustworthy debt buyer. You can start by checking online directories, industry associations, or getting referrals from colleagues or other lenders.

Assess the debt: Before selling the debt, you need to evaluate its quality and determine its value. Factors such as the age of the debt, the debtor’s creditworthiness, the amount owed, and the likelihood of collection will influence the price you can get from a debt buyer.

Negotiate the terms: Once you have found a potential buyer and assessed the debt, you can start negotiating the terms of the sale. The terms may include the price of the debt, the payment schedule, and any warranties or guarantees. Make sure to have a written agreement that outlines all the terms and conditions.

Transfer ownership: After agreeing on the terms, you can transfer ownership of the debt to the buyer. You may need to provide documentation, such as the original loan agreement, account statements, or proof of default, to confirm the debt’s validity and ownership.

Get paid: Once the debt buyer has taken ownership of the debt, they will attempt to collect the debt from the debtor. You will receive the agreed-upon payment from the buyer, which may be a lump sum or installment payments.

It’s important to note that selling debt to a debt buyer is not always the best option, and it can have legal and financial implications. You should consider consulting with a lawyer or a financial advisor before making any decisions.

Selling debt: what is it?

Selling debt refers to the process of transferring ownership of an unpaid debt from the original creditor to a third party, typically for a discounted price. The original creditor may sell the debt to an investor, debt buyer, or collection agency, who then takes on the responsibility of collecting the debt from the debtor.

When a debtor fails to make payments on a loan or credit account, the creditor may choose to sell the debt to a third party rather than continuing to pursue the debtor themselves. The third party, or debt buyer, may purchase the debt at a discount, typically for less than the full amount owed, with the expectation of collecting the full amount from the debtor in the future.

Selling debt can be a beneficial strategy for creditors, as it allows them to recover at least some of the money owed without having to go through the time and expense of trying to collect the debt themselves. Debt buyers may be more experienced and better equipped to collect on the debt, and they may be willing to take on the risk of non-payment in exchange for the potential profit of collecting on the debt.

Overall, selling debt is a common practice in the financial industry, and can be a useful tool for creditors and debt buyers alike. However, it is important for all parties involved to understand the potential risks and benefits of the transaction, and to ensure that the sale of the debt is conducted legally and ethically.

Why sell a debt?

In cases where you do not want to start a debt recovery procedure, selling a debt may be the easiest way to obtain profits and not give up all the money that has not been claimed.

sell debt

The debt can be put as much as if it has been claimed in court or not. That is, both actions can be done in parallel: Put the debt up for sale and claim it legally through lawyers or collection companies.

For example; Companies to which they owe invoices often do not want to claim the debts to avoid incurring more expenses. Selling the debts to interested buyers is an alternative way to recover a significant part of the amount.

Who buys the debt?

Generally, the main buyers of debt are law firms, law firms and companies dedicated to private investment.

Selling a debt to investors and law firms can be an effective strategy for companies to reduce their financial liabilities and free up capital for other investments. Debt buyers, such as investors and law firms, purchase unpaid debts from the original creditors at a discounted price and then attempt to collect the debt from the debtor.

There are several reasons why a company may choose to sell their debt to investors or law firms.

First, it allows them to quickly recover some of the money they are owed, rather than waiting for the debtor to pay in full. This can be especially important for companies that need to maintain cash flow to fund their ongoing operations.

Second, selling debt can help reduce the risk of non-payment. If a debtor defaults on their loan, the original creditor may have to write off the debt as a loss. However, by selling the debt to an investor or law firm, the original creditor can at least recoup some of their losses and minimize their exposure to risk.

Finally, selling debt can help companies streamline their operations. Debt collection can be a time-consuming and resource-intensive process, and by selling the debt, companies can focus on their core business activities and leave the debt collection to the buyers.

sell debt

Investors and law firms are the two main types of buyers of debt. Investors typically purchase debt with the expectation of making a profit by collecting on the debt at a later date. They may be individual investors, hedge funds, or private equity firms.

Law firms, on the other hand, typically purchase debt with the intention of representing the original creditor in court and collecting on the debt through legal means.

When selling debt to investors or law firms, companies should be aware of the potential risks and benefits. For example, debt buyers may be more aggressive in their collection tactics than the original creditor, which could damage the company’s reputation. Additionally, companies may not be able to recover the full amount of the debt if they sell it at a discount.

On the other hand, selling debt can be a smart financial decision if the company needs to free up capital quickly or reduce their risk exposure.

Additionally, debt buyers may be more effective at collecting on the debt than the original creditor, which could result in a higher recovery rate.

In conclusion, selling debt to investors and law firms can be a viable option for companies looking to reduce their financial liabilities and free up capital. However, it is important for companies to weigh the potential risks and benefits before making a decision, and to work with reputable and experienced buyers to ensure a successful outcome.

When should a debt be sold?

Selling a debt is a procedure that is generally used when all options for recovering the unpaid balance have been previously exhausted, both through friendly channels and through the courts.

On the other hand, to be able to claim the debt, it must have expired, be due and be a debt of money. That is to say; You cannot claim debts that are still within the payment period, nor those that have payment in kind and are not monetary debts.

Steps to sell a debt?

If you are a creditor looking to sell a debt to an investor or a law firm, here are the steps you should follow:

  1. Determine the debt to sell: Start by identifying which debts you want to sell. Typically, debts that are past due and have been delinquent for a while are the ones that are most commonly sold. You should also determine the amount owed on the debt, the age of the debt, and any other relevant information that may be useful for potential buyers.
  2. Choose a debt buyer: Next, you need to find a reputable debt buyer. There are many investors and law firms that specialize in buying debt, so it’s important to do your research and find one that has a good reputation and a proven track record of success.
  3. Negotiate the sale: Once you’ve found a potential buyer, you’ll need to negotiate the sale of the debt. This involves agreeing on the price that the buyer will pay for the debt, as well as any other terms of the sale, such as payment schedules, interest rates, and fees.
  4. Transfer the debt: Once you’ve agreed on the terms of the sale, you’ll need to transfer ownership of the debt to the buyer. This may involve signing a contract or agreement that outlines the terms of the sale, as well as providing any documentation or information related to the debt.
  5. Collect payment: Finally, once ownership of the debt has been transferred, the debt buyer will be responsible for collecting the debt from the debtor. As the original creditor, you will receive payment from the debt buyer for the amount that was agreed upon in the sale.

It’s important to note that there may be legal and regulatory requirements that you need to comply with when selling debt, depending on the jurisdiction you’re in. It’s a good idea to consult with legal and financial professionals to ensure that you follow all applicable laws and regulations when selling debt.

sell debt

Is it safe to sell debts?

Selling debts is a fairly simple process as well as safe since it does not imply any type of legal or fiscal problem in the transmission of credit between creditors.

For this reason, selling debts can be a quite appropriate solution for all types of creditors, both companies and individuals and even neighboring communities.

The procedure can be done at a notary or privately with a credit assignment contract in which all the corresponding clauses are established for the purchase and sale of the debt and change of the holder of the same.

How to sell a debt in debtalia?

The process to sell a debt in debtia is very simple as well as transparent. All you have to do is start registering the debt in the system, filling in the data required in the debt registration process.

Once the debt or portfolio is registered in debtalia.com and activated, it appears in the list of debts for sale and becomes visible to investors who are daily interested in finding good debt purchase opportunities.

The type of debt introduced, as well as the documentation available and the sale price set by the creditor, is decisive for whether or not it is attractive to potential buyers.

What do I need to sell the debt?

To sell the debt it is necessary to have ownership of it. That is to say; be the creditor with collection rights on the debt.

In addition, it is necessary to have documentation that proves said ownership, since it is necessary so that the debt can be sold to the interested buyer and, in this way, the right to collect and the credit can be transferred without problems.

sell debt

What happens after selling the debt?

Once the debt is sold, the previous and original owner of the debt ceases to have the right to collect on it since a payment has been made by the buyer for the waiver or assignment of the collection rights on said debt.

Now it is the new owner of the debt who has the power to claim the debt from the debtor in its entirety.

What are the advantages of selling a debt?

When it is decided to choose to sell a debt, in general, as we have indicated before, only when other avenues have been exhausted and we find ourselves in the position of not being able to obtain the recovery of the credit or unpaid balance.

Immediate cash: The process of selling a debt means that the original creditor will immediately receive the purchase price that has been agreed with the investor.

Can you legally sell a debt?

Debts regulated by the Consumer Credit Law can be sold or placed with another company at any time, even after you stop paying; this is a normal part of the debt collection process.

This applies to the most common types of consumer debt, such as loans, charges, unpaid bills, and installment purchase debts that turn out to be unpaid.

Sell ​​private debt?

Selling private debt through debtia.com is a very simple procedure. Debts contracted between natural persons are private in nature.

To sell a particular debt, the data must be loaded through the following link.

The purchase and sale of these debts is carried out in the same way as any other type of credit assignment transaction for a debt, so there is no impediment for these cases.

sell debt

Why debtalia.com?

Debtalia.com is a debt sales management platform that mediates between sellers and buyers of debt.

The platform does not receive any type of commission or fees on the debt purchase and sale operation, it only charges a single file activation payment of £19 per debt and £69 per portfolio or package of debts to be sold.

Debtalia offers a transparent and simple process in which the parties agree and without intermediaries in the sale and transfer of credit.

Sell ​​customer business debt?

Selling the commercial debt is a very simple process since in those cases in which there are unpaid invoices, only the collection rights on said invoices have to be assigned or transferred to the purchaser of the debt.

Should the debt be sold judicially or without judicialization?

The sale of the debt can be carried out whether it has been claimed before the court or not.

In fact, some of the debt buyers are only interested in buying debts that have not been claimed in court to date.

Selling a debt is advisable as long as it has been impossible to carry out the collection through friendly, extrajudicial and even judicial channels.

What does it mean to sell a debt?

Simply put, selling debt means that a creditor sells your debt to a third party, usually a debt buyer, for a certain price.

Your creditor negotiates a deal with a law firm, investor group, collection agency, or other debt buyer.

If you agree to a specific full sale price, the creditor sells the debt to the buyer for that amount, which means the creditor receives immediate payment and no longer has anything to do with the loan.

The creditor receives an amount that is a percentage of the outstanding debt. The debt buyer is entitled to recover the full amount from a debtor.

This also means that if your creditor sells your debt to a third party, then you legally owe the debt repayments to the third party and not to your original creditor.

sell debt

Why do creditors sell debts?

As for why most lenders sell debt, that’s a pretty simple answer.

It is likely that the creditor provides services or sells products but is not specialized in collecting, so there may be incidents in the collection of debts.

If the debtor is not making regular payments and has shown little or no intention to pay off their debt in the near future, your creditor may eventually become frustrated and outsource this task to a debt buyer or debt collection agency.

If a lender is incurring a large financial loss to get a debtor to repay or take them to court, the creditor may choose to turn the debt over to a collection agency and settle for a small percentage of the total amount of the debt that the lender owes. agency pays them in return.

Selling debt; Who buys debt and why?

A debt buyer or debt collection agency buys your debt from your creditor.

When the amount owed is large and your creditor sees little or no chance of recovering it, they may contact a debt collector and sell your debt for a percentage of the amount they would have received if you paid your debt in full. 

Once the loan has been sold, the debt collector has the right to collect the full amount.

This is how debt collection agencies and debt buyers make their profits.

How does it affect me when a creditor sells a debt?

Technically, a debt sold by the creditor does not affect the debtor much.

Your rights and responsibilities remain the same as they were in the original debt. The same goes for the original terms and conditions between debtor and creditor.

sell debt

The only thing that really changes is the person or agency you have to pay back.

The debt collector who buys your debt becomes your original creditor, with all the rights and responsibilities related to the debt as the previous lender.

The debt buyer cannot change the terms of your debt if that is something the original creditor was not allowed to do.

For example, if the original lender was not allowed to add interest to your debt, neither can the buyer of the debt.

Should the debtor pay a debt collection agency?

Here’s the tricky part: Many debtors, once contacted by a debt collector, assume that their debt has been sold to the agency and that they are supposed to pay the collection agency, not the original creditor.

Some solid debt advice to hold on to in such a situation is that unless the agency clearly informs you that they have purchased your debt, it is likely that they are working for your creditor and you still owe payment to the original lender.

In such a situation, paying the agency depends on several factors.

If the agency now owns the debt, you should contact it and start a payment plan if possible.

If the agency does not own the debt and is harassing you or threatening to put you in jail, you can invoke some legal methods and procedures to get them removed, at least temporarily.

Frequently asked questions about selling debts in UK

We are going to analyze a series of frequently asked questions about debt collection both at a private and business level

Is it legal to sell debts?

It is perfectly legal to sell debts to a third party if a creditor believes that you will not receive any payment in the near future.

However, there is something to keep in mind; Once you stop repaying the creditor, that’s when you’re both authorized and likely to sell your debt to a third party.

How do I know if my debt has been settled?

Your original creditor must call you to let you know that they sold your debt to a third party.

Also, the third party will likely send you a letter informing you that you now owe the debt to them instead of the original creditor.

sell debt

From this point on, be sure to tell the debt buyer about your financial situation and how you are dealing with your money problems.

What can debt collectors do?

Debt collectors may work on behalf of the creditor employing their services and request collection of the debt from the debtor.

They need to make sure they are not threatening you with consequences outside of your legal rights, such as threatening to jail you if you don’t pay.

If they do, they can start a legal action against you.

Can I dispute debts sold to debt collectors?

Yes. Your right to dispute the debts does not change once the third party purchases the credit from the original creditor.

Conclusion

It is totally advisable to proceed with the sale of debts when there are no specific guarantees about the correct collection of the debt in the form and term.

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