Lesson 1, Topic 1
In Progress

1.3. The Debt Recovery Act

ryanrori January 23, 2021

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A person who collects debts on behalf of another person, or collects debts which have been taken over for collection, normally requires a permit from the Data Inspection Board.

Before permission is granted, the company must have in it’s employment a person with professional legal experience of debt collection.

The Data Inspection Board determines whether the conditions are met. Debt collecting must be conducted in a professional and judicious manner. The Data Inspection Board ensures that these rules are adhered to. This is achieved by inspections.

Practise and custom dictate that files of personal data used in debt collection operations may not contain value judgements about people.

Code of conduct 

14. (1) la) The Council shall, subject to the approval of the Minister, adopt a code of 

conduct for debt collectors and shall publish such code in the Gazette. 

(bl The code of conduct, and any amendment thereof, shall be submitted to 

Parliament within 14 days after publication thereof in the Gazette. 5 

(2) The Council may, subject to the approval of the Minister, amend or repeal the code of conduct adopted by it: Provided that such code shall not be wholly repealed by it, unless it is simultaneously replaced by a new code of conduct for debt collectors so adopted and approved by the Minister and, provided further, that the Council shall publish any such amendment, repeal or replacement in the Gazette.  

(3) The code of conduct drawn up or adopted by the Council and published in the Gazette shall be binding on all debt collectors.