13/03/2023
RIGHTS OF ALLEGED DEBTORS AND INNOCENT PARTIES IN BREACH OF CONTRACTS
In the recent months, there have been an alarmingly increase of cases where car rental companies raise their rental rates against their hirers within their contract periods.
Their excuse: “Increase in Certificate of Entitlement (COE) fees”.
One has to wonder for example, what is the basis of increasing the rental rates of vehicles that were registered in 2018 when the COE increase was executed in 2022? The answer is either FOMO or just pure greed. However, we do note that this only applies to companies that operate on a small scale and do not have a lot of capital for disposal. The government has to do something against these small scale companies.
When they increase the rental rates, they have breached their contract. While the contract may not have stated whether they can or cannot adjust their rates as and when they like, do note that every page of the contract is signed including the page that explicitly states your rental rates.
The problems come when you refuse to agree to it and want to return the vehicle.
These small companies will then engage debt collectors to come after you for the “losses” that they suffer because you returned the vehicle prematurely.
CHARACTER TRAITS OF DEBT COLLECTORS
These people always like to think that they are the smartest people on earth and that they are experts in the law and always try to exploit loopholes in the law.
Sorry to burst their bubble but these people are just as follows (and nothing else): -
a. Uneducated;
b. Ex-convicts;
c. Finding it really hard to be gainfully employed;
d. Members of unlawful societies;
e. Uncouth; and
f. Desperate.
WHAT TO DO WHEN YOU ENCOUNTER THEM
On their first visit to you, they would be the most aggressive. They will shout and behave like barbarians on your corridor, using vulgarities and exposing your debt by saying it loudly for everyone to hear.
Do not fear as you do not have to worry about anything. You do not have to respond to them, open your doors or talk to them especially if you have a dispute on the alleged debt. These people are just desperate to get paid. When you have a dispute on the alleged debt, the only person who can demand that you pay is a Judge from the Courts. Each time they pay you a visit, just call 999 and ask for police assistance.
The police are most likely not going to take any action because “they did not see it happening”, but you should just call them each time these people pay you a visit.
However, if you do owe a debt to their client, there is no running away from it.
To make things difficult for these barbarians, just tell them this:
“I will make payment directly to your client instead of you”.
The above will in turn cause them to be in dispute with their client and themselves. It is like karma for them because these small-scale companies will accept payment and in turn try to tell the barbarians that they do not deserve commission because they payment was not made through them.
Always remember that these uneducated barbarians are not there to negotiate with you or listen to your disputes. They are only there to pressure you into admitting the debt and paying them so they can get paid. Therefore, do not be intimidated by these barbarians as they have no rights to demand for anything from you. They are not allowed to release your debt details, your personal details, use vulgarities or threaten you. It is also an offence for them to be filming the process when you are standing inside your house even if they are doing it on their body-cams. Always make sure you are standing inside your house if you intend to negotiate with them.
At the end of the day, each visit they pay to you costs them money. Once it’s no longer profitable for them, they will stop their nonsense. Also, these barbarians cannot stand the presence of police officers. As much as they keep telling you “it is no use calling the police as we are licensed and we are not afraid”, they will walk away after you call the police.
They are the only ones who find pride in their work, taking photos with debtors and the cash collected and posting it all over social media. To everyone else, it is a job that they are paid to do but somehow, they find that it gives them a strong sense of pride and accomplishment. This remains something that many of us are bewildered about until this day. They may seem intimidating when they come in groups of 2 or 3, but when they are alone, they are unable to “perform” and be this loud and “aggressive”.
You just need to remember that the hiring companies for these debt collectors are akin to police dogs and their handlers. When given a task, they would bark non-stop at you until their handlers command them to stop. They would not stop for anyone else or anything at all.
