Should debt collection laws be changed?

Have you ever been hassled by a debt collector? Do you think you were treated fairly? Has you experience with debt collectors left a bad taste in your mouth?

The NSW Government is seeking public feedback on law reforms which will shape how debt collectors, process servers and repossessors conduct business.

Significant reforms are being made to the regulation of commercial agents as the responsibility for oversight and licensing of commercial agents is being transferred from the NSW Police Force to NSW Fair Trading.

NSW Fair Trading Commissioner Rose Webb said the reforms will introduce a new licensing system and new conduct requirements for debt collectors, process servers and repossessors. 

“The community feedback we are seeking from this consultation is crucial to shaping the licensing framework,” Ms Webb said.

“The people of NSW will be asked about a wide range of issues that will affect how debt collectors, process servers and repossessors operate, including the reasons why agents may be deemed not fit and proper to hold a licence, when it is suitable for an agent to contact a person, how client funds are handled and suitable penalties for agents who fail to comply with the law.

“These reforms will allow us to better regulate and maintain a high standard of conduct in the industry.”

Submissions will be carefully considered and if necessary, the NSW Government will amend the draft Regulation to address issues raised during the consultation process.

Feedback can be provided here until Sunday November 1: https://www.haveyoursay.nsw.gov.au/commercial-agents

What has been your experience with debt collectors in the past?

4 comments

 

What has been my experience with debt collectors in the past? None. Why? Because I pay my debts and pay them on time. If everybody behaved like that, then debt collectors would barely exist. Yes, a "very" tiny minority of people can't pay their debts due to things 100% beyond their control (like health issues etc), but the VAST VAST VAST majority of debt defaulters should never have taken out that debt in the first place due to their utter inability to repay the debt on time, long term and with 100% integrity.

Here's some solutions to the problem of rude debt collectors:

1 ...... If you want that $40,000 car you can't afford, and then you take out a  loan to get it (instead of buying a cheap Getz for $5,000 that you can afford), then you can't complain when the debt collectors come calling.

2 ...... If you buy that little 2 bedroom new apartment in inner Sydney and get a $800,000 mortgage that you can't afford  (instead of buying a nice big house for $130,000 in Port Pirie that you can easily afford), then you can't complain when the debt collectors come calling.

Lesson learnt from 1 and 2? Simple .... don't get into debt unless you are certain that you can easily, regularly and competently (taking into consideration the various things that can go wrong) repay that debt. Another lesson is "settle for less" ..... your life doesn't have to be loaded with expensive "things" in order for you to live a good, contented, happy life .... you can settle for less, live within your means, and still be happy. RESULT? You will never have to deal with any debt collectors. 

Debt is good and debt is fantastic but **ONLY** if you can 100%, definitely,repay that debt according to the terms and conditions. Result = no debt collectors for you. 

 

They need to stop chasing dead people and their families. My mum got hassled after my brother died, pathetic.

Not a fan of debt collectors after I got a call from one a few years back who wanted me to contact a neighbour down the road that I had never met and deliver a message from them.

How bizarre ... didn't know the neighbour or the debt collector firm ... told them to do their own dirty work.

How they got hold of my name ... I have no idea.

Let's take a step back and look a bit more closely at this. How many people are affected because of debt collectors and of that number, how many don't owe a debt and are being treated unfairly. Just as we seem to be captive to a very small minority in a lot of decisions that affect the 97% majority, this could well fall into that category. I was told many years ago that interest rates charged by banks and building societies have a small increase built in to cover those bad debts that have to be written off so those of us who are honest, upright citizens are paying for those who dodge their obligations.

Privacy laws were introduced many years ago which had a side effect of protecting those people who skip out on their debts as it stopped lenders accessing social security agencies and departments which record licence and registration details. It seems that any changes to the debt collection rules will also have a side effect of protecting those who are dodging their obligations. Personally, I don't care if people find out about me, privacy laws don't affect me and it's a farce when we consider that Dan Murphy's knows more about me than the government and I haven't given them any authority to collect data about me.

We're talking about people who have agreed to borrow money for various reasons and now don't want to abide by the terms and conditions of the original agreement and a government department wants to add insult to injury by giving a further protection to these people. Some debt collectors may be using wrong tactics and this is most likely already covered by existing laws so. I can't support any changes.

4 comments



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