The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investment Commission (ASIC) are responsible for overseeing the behavior and behavior of Australian debt collectors.
Basically, a debt collector is someone who knocks on you or asks you for help and asks you to pay them money. Creditors can own their own "internal" debt collectors or they can outsource work to a collection agency, which is the only job to chase bad debts.
The ASIC and ACCC have issued debt collector guidelines so that what is and is not acceptable when debt is recovered for the debtor who owes the debt.
1. A debt collector may not harass, intimidate, threaten, or attempt to "tired" a debtor. In addition, they cannot swear or abuse you, using derogatory language, physical strength or any form of coercion.
How much is it? The guidelines recommend politeness up to 3 times a week or 10 times a month, professional and necessary contact (written or verbal; telephone, information, e-mail, text messages, and letters) within acceptable limits.
If you believe that the language or behavior of the debt collector in dealing with you violates this guideline, you should tell this person and inform you that if it continues to exist, you will contact the ACCC and/or trade fair.
If behavior is really dangerous and out of control, you can go to the police station and seek a vigilance order (or the same treatment in your state) asking the person not to contact you or be within a certain distance of you. If the police will not handle this matter for you, you can go to the local court at any time and ask the registrar or court staff there to assist you with your order.
2. Debt collectors can only contact where they reasonably need it. Calls or letters must have purpose, not just strong arms, or intimidating you.
3. If the debt collector has a reasonable need (for example, to recover something), you can let the debt collector come to your home. However, you should let them give up your concessions, and they must do so immediately (leave it as a trespass). The code requires them to leave your home. For example, they can't stand across the road and give you the impression that you are being watched.
If they do not leave or appear to be tracking you, please report it to Fair Trading or call the police. Pay attention to any events, pay attention to time, place, date, name, and who said what.
4. If you advise debt collectors that you have a representative to handle the matter on your behalf, and you provide them with detailed information about the person (such as a lawyer or financial adviser), then the debt collector can no longer contact you personally. And you must only deal with your authorized representative.
5. Debt collectors must always provide you with any documentary evidence concerning the debt you may need. For example, interest details or default expenses.
If they do not provide further information about your account upon request, they may be interpreted as misleading and deceptive. Please make sure that you submit your request in writing and record details of all conversations about the matter so that you have the correct facts at the time of the complaint.
6. Once the creditor has signed the enforcement process, all of the debtor's practices must stop. If your problem is in front of the court and the debt collector is still unnecessarily linked, you should report it to Fair Trading.
7. The debt collectors must not tell the debtor that they (creditors) will not be caught in difficult arrangements or negotiate repayment plans. This will be misleading and deceptive. According to the "Uniform Consumer Credit Law" or "Banking Standards," most lenders/creditors are obliged to accept changes in loan contracts under difficult circumstances.
8. It is unacceptable for debt collectors to encourage debtors to repay their debts to creditors. If the debt collector said something to you: "Can you get another credit card and pay this credit card?" or "Can you refinance your house to get some rights?" You should record and Report to your state's ACCC or fair dealing agency.
9. If you have signed a repayment plan with a lender, your debt collection personnel must stop contacting you when you perform the obligations under the arrangement.
Again, according to the relevant guidelines, if you go bankrupt or enter into a formal arrangement with your creditors under Part 9 of the Bankruptcy Law, all debt collectors are obliged to stop contacting you.
10. The debt collector cannot mislead you. This includes:
a) To provide you with your rights advice or to reject it incorrectly, for example. "Because this is an investment property, you cannot change your loan contract";
b) The course of action that represents the creditor can and will take, when this is not the case "We will get the judge to judge you tomorrow or" Don't worry at least Two months ago, if anything, anything would happen ";
c) warned you that if this is not the case, your credit may or may not do something, such as "We will record your credit file A default value of ";
d) distorts laws against you such as "If you do not pay on Friday, we will take your house the next week." "
Of course, this guideline deals only with legal debt. If you object to the debt or claim that you owe it, you should tell the debt collector and say that all actions, laws, or other aspects will be strictly defended." They are not allowed to contact you or pursue your debt, you have told them you are in dispute unless clarifying the issue or telling you they will take a course (eg "We know your question e this amount, but here is your A copy of the January statement, if you insist on condemning the debt arrears, we will accept the court case without further notice."
So just because someone is irresistible and inflexible, and they are loans Acting does not mean that they will squeez you out. They are bound by certain rules and guidelines, and you have the right to report people who may bring serious punishment.
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Orignal From: debt collectors - whether they cross the line
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