F.A.Q.

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What are the ACCC Debt Collection Guidelines all about?

These guidelines have been compiled in conjunction with the debt collection/credit industries to ensure that there is a ‘code of acceptable conduct’ by individuals and businesses engaged in the supply of goods/services and the collection of and possible collection of monies owing.  These guidelines are in place to ensure that collectors do not harass, coerce, threaten or use deceptive or misleading conduct in their activities.  E.g. pretending to be a friend of a debtor when trying to locate them when you are not a friend, may constitute deceptive and misleading conduct.

Click here to view the ACCC Debt Collection Guidelines.

We have a 3.5 hour training course covering this essential aspect of Debt Collection training.  Please contact us for more information regarding our training session dates and venues.

Breaches may result in a fine of up to $1,100,000 – that’s a heavy!

We live in a small country town, how can you help us?

Initially we will be able to discuss your query either by telephone or email.  Our staff will be able to advise you on the best course of action to ensure that you minimise your losses.  If we have an agent who visits your area you might want us to act on your behalf.  Send us your case details and we will recommend the most cost effective solution.

None of our staff have been trained in debt collection techniques - what is the best way to train them?

Let our office know where you are located and we can do one of two things, (1) quote on training your staff in-house at a time it is suitable to you all, or (2) we can advertise a general Telephone Debt Collection Techniques seminar in your town.  We regularly visit regional Australia.

Can I charge my debtor debt collection fees that a Debt Collection Agency charges me? And what about interest?

You can only charge additional fees, interest and charges if you have your debtors’ signature before you do business.  In other words, it’s like having a written agreement/contract.  You offer your goods/services at a price, the customer agrees to your Terms and Conditions – BEFORE GOODS / SERVICES and/or PAYMENT changes hands.

This agreement must be in place from the beginning. 
You can only charge businesses interest if you have an agreement form signed.  You cannot charge

‘individuals’ interest unless you are licenced to charge interest, e.g. bank, credit union, etc.

How difficult is it to find a missing debtor?

Finding a missing debtor using legal means can be difficult, however having said that, if you have collected sufficient information to correctly identify your debtor debt collectors or private inquiry agents have a reasonable chance of locating missing debtors.  There is only a very small percentage of debtors who ‘disappear’ permanently.

If you have a case for us to try, please send us the details and we will provide you with a quote to try and locate them for you.

How much does Debt Collection cost?

It’s a bit like buying a car.  There is usually a base rate (say 10%) of the recovered debt.  In other words, if we quoted you this rate – it would be 10% of the amount that we recover for you.  So if we don’t succeed there is no fee for commission.  However, if we had to conduct a visit to the debtor, we would incur a fee from our agents who conduct field calls and that fee would be passed on to you.  The total cost is dependent on what you want the debt collection agent to do.  Because you are in charge and you direct proceedings.

I want to charge my customer Debt Collection costs. What's involved?

You can charge these fees and solicitor costs if you have your customers’ signature on a Credit Application, Letter of Engagement or a Customer Information Sheet or if it is verbal by notifying the customer that Terms and Conditions apply and maybe state in particular Debt Collection costs and Solicitor costs.  You must notify them in the beginning because it forms part of the contract between you and the customer.

Can I sue someone for not paying without going through a Debt Collection Agency?

Yes, you can provided you follow a series of steps.  These steps are readily available through local government website.  Search for the Magistrates Court in your state and follow the well prepared information sheets.  If you still have further questions – contact us.

Why should we engage a Debt Collector?

Ever had a letter from a Debt Collector yourself?  It’s a bit daunting isn’t it?  Well it shouldn’t be but for some unknown reason ‘letters from Debt Collectors’ work!  Is it what they say?  Is it how it is said?  Is it because they have ‘a reputation’?  Is it because they are a Third Party and will not get involved in the emotions of the exercise?  There you have a number of reasons why Debt Collectors succeed.

What are the benefits of using a Debt Collector?

The benefits are that you have someone else to negotiate for you, you don’t become intimidated, and if your paperwork is correct – it doesn’t cost you anything and that’s a bonus!

Debt Collectors don't have a good reputation! What makes you different?

I’ve met Debt Collectors before.  Don’t they just threaten debtors  and give them a ‘hard’ time?  What makes you different?

We basically treat people ‘the same way was we want to be treated’.  Also we have been conforming to the ACCC Debt Collection Guidelines since they first were released in July 1999.  If we can’t work with the guidelines to get a result – it is not worth the huge penalties to do anything else.  Click here to view the ACCC Debt Collection Guidelines.

We are owed money by a lot of people! What is the best course of action for us to take to minimise our losses?

We suggest a number of courses of action.  (1) Assess and train existing accounts receivable staff, [see events](2)  If you need more staff – seek qualified accounts staff from an employment agency (we can help you if you like), (3)  Educate your customers that you need to be paid FIRST, (4)  Work with all of your staff so that all of them are involved in ensuring that, ‘a sale is not a sale until the money is in your bank account in cleared funds’.

Can you Garnishee Wages to recover your money from a debtor?

Yes, depending on the state in which you reside.  Check with your Magistrates Court for information.  There are a number of states where you CAN’T.

A Debt Collector wants to repossess our Plasma TV. Do we have to give it to him?

It depends whether you can afford your TV or not!  If we came to visit you we would try to arrange payments that suited firstly, you and secondly, our client.  If you cannot afford to keep it then you need to make that decision.  Remember that a repossession entry on your Credit File will not look ‘too good’!  So try to negotiate a suitable repayment plan and stick to it.  Set up a Direct Debit or regular payments via the internet.  We don’t like to repossess TV’s but if we have to we will!

Debt Collection