Collection companies are intermediaries between the creditor and the debtor. Its activity is based on debt management or debt purchase to become the new creditor. In Spain, there is no specific regulation for this type of company, but they are subject to applicable legislation based on the characteristics of the services they provide, such as the Civil Code, the Organic Law on Data Protection and Digital Rights Guarantees and the Law for the Defense of Consumers and Users.
One of the most common practices of collection companies is the inclusion of debtors in delinquency files. However, this practice has limitations and certain requirements must be met. For example, it is necessary that there is an express consent for the treatment of the data and that the debt is real, due and payable. In addition, the inclusion in the file must be communicated to the debtor before 30 days before it can be viewed.
In this case, the exclusion or modification to the delinquency file can be claimed. You can also settle the debt at the price for which it was sold to the collection company or negotiate with the company to obtain more flexible installments.
In addition, if there has been an undue inclusion in a delinquency file and the right to honor has been violated, compensation for damages can be claimed.
It is important to note that in serious cases of illegal practices, such as harassment of debtors, collection companies can also be penalized in accordance with the Penal Code.
In any case, if a debtor has doubts or problems with a collection company, it is advisable to seek specialized legal advice.
Collection companies can be a solution for debt management, but it is important to know the legal limits of their practices. Debtors have rights that must be respected and protected, and, in case of violation, legal means can always be sought to enforce them.
