Your rights and responsibilities with debt collectors
Debt collectors can be intimidating if you don’t know what to expect. We’ve broken down your rights and responsibilities, so you can get back in the black.
How debt collectors can approach you
It might be surprising to some to note that debt collectors can contact you through a variety of different mediums, but there are some qualifications. Generally speaking a debt collector can use phone, letter, email, social media, or even visit you in person. By the same token, a debt collector must respect your privacy at all times.
There are also a few behaviour restrictions to note:
- If a debt collector is contacting you through email or social media, they must be certain that the message cannot be viewed by anyone but you.
- If the repayment arrangements can be workout out over the phone or via email there is no reason for the debt collector to visit you in person.
- If the debt collector must visit you in person, they have to do so within reasonable hours. The reasonable hours have been labelled below.
Image credit: ASIC / MoneySmart
Unacceptable behaviour from debt collectors
The following types of behaviour from debt collectors are considered unacceptable and must be reported if you encounter them in your interaction with one:
- The debt collector uses force to trespass or intimidate.
- The debt collector threatens damage to you or your property.
- The debt collector threatens remain on your property when asked to leave.
- The debt collector makes false statements about what you owe.
How to complain
If a debt collector is acting unacceptably, it’s important to complain. For more information on how and where you can complain, you can visit ASIC’s MoneySmart website.
Have you ever dealt with debt collectors before? What advice would you give to someone going through a similar experience? Let us know in the comments.
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