This information is designed to help you understand what debt collectors can and cant do and make it easy for you to complain. Dealing with debt collectors can be very stressful. You don’t know what they can and can’t do and what they can and can’t say. Debt collectors rely on this to get away with activities that are often illegal or questionable. If no one complains they’ll keep getting away with it!

What is allowed?

Contact by creditors needs to be for a reasonable purpose only (not simply to harass you). These reasons can include:

• asking for a payment/explaining the consequences of not paying
• finding out why you haven’t responded to their attempts to contact you.

finding out why a payment arrangement didn’t work

What is not allowed?

• abusive, offensive, obscene or discriminatory language
• physical force
• face to face visit if you refuse
• saying that not paying your debts is a criminal offense
• annoying your spouse or partner/other family member must pay your debt if they have no liability
• saying you will be made bankrupt straight away or that your wages will be garnished (taken) when no court proceedings have started
• threatening to take your possessions if they are not security for the loan or when there is no court judgment
• threatening or harassing people such as your spouse, partner or family member
• talking to your children about your debt
• talking about your situation to other people unless you have agreed to the contact

telling your employer about your situation unless you have agreed to it or they have a court judgment for a garnishee

Debt Collectors cannot call you

• outside of 7.30 am–9.00 pm on weekdays and 9.00 am–9.00 pm on weekends
• on national public holidays

more than 3 times per week or 10 times per month Important things to do when dealing with Debt Collectors Records are vital when making a complaint.

• Keep copies of every letter or email you (do not throw anything away).
• Never handover originals, if a document is requested send a copy
• Ask for everything to be confirmed in writing

If you are being contacted by debt collectors, use a small notebook to keep a record of the following information.

• keep a record of every call
• the time and date
• the name of the person calling
• the company they’re calling from
• reference numbers relating to your case
• the number they called you on. eg. work phone

a summary of what they said including any “unacceptable behaviour”

Complaints

If you believe a Debt Collector has broken the guidelines it is important that you lodge a complaint. Most people won’t complain and this enables Debt Collectors to continue with unscrupulous behaviour. You can click on THIS LINK and make a complaint to The Office Of Fair Trading about any debt collector or debt collection agency.