Although many people choose to avoid talking about their financial crises, what they cannot avoid is the haunted reality of debt collection. This is a process many South Africans might have experienced and will continue to, but sadly, most still remain ignorant as to how it works and what their rights are.
Chantel Cronje, legal advisor at Legal and Tax shares 7 important points you need to know when dealing with debt collection.
Debt collectors shouldn’t…
- Use force or threaten to use force against you or your family.
- Physically threaten you or your family.
- Give or threaten to give information to your employer that may affect your opportunities as an employee.
- Serve any false legal documents.
- Present themselves as police officers, sheriffs or officers of the court.
- Spread or threaten to spread any false information about your credit worthiness.
- Charge more than the tariff of fees which is set down by the council.
It’s important to know exactly what the role of the debt collector is. They are tasked with the job of collecting the money and usually have no interest in your circumstances. It’s simple – your account has been handed over to them to take steps to recover the money you owe the credit provider. They get paid a percentage of the amount collected while charging service fees for doing so.
You are also entitled to refuse to pay anything until they give you details in writing and supporting documents to their claim.
Always remember that you should not sign an admission of liability or consent to judgement or to an emoluments attachment or garnishee order.
If you’ve been blacklisted, get in touch with Legal & Tax. Call 0860 587 587 or visit www.legalandtax.co.za.
