Debt Collectors are generally called upon by lenders to action debt that is in the stages of being remedied – the credit provider has given up all hope of being able to collect the debt, in the normal course of business, and demands have not resulted in payment.

Each State of Australia has laws requiring debt collectors to be licenced and to conduct their business in a manner conducive to society. Breaking legs just isn’t sanctioned any longer!

The following may help deal with collectors:

• If the debt is in dispute and you have advised the credit provider in writing to that effect then a debt collector must cease all action until the dispute is resolved;

• Debt Collectors must be licenced in the state in which they do business;

• Licences must be produced, upon request, and a failure to produce it renders the debt collector to reprimand if a complaint is lodged. Failure to produce also limits the action of the debt collector, on the day;

• Humiliation, embarrassment, and making voluminous telephone calls are not permitted

• Visits to your place of employment are not permitted.

• A debt collector, irrespective of the purpose of the visit, commits trespass if entry is made onto your property, either as a tenant or owner, without your consent. If a request to leave is ignored you are within your rights to call the police. Entry may only be obtained otherwise with a Court Order. These rules do not apply to a bailiff in the exercise of duties as an officer of the court.

• Repossession of a motor vehicle or other secured goods cannot be taken:
  • from your property without your consent;
  • from your workplace without the consent of the ‘person in charge’ of the property.
• Repossession can take place;In a public place.
  1. on the roadside
  2. in a public car park.